HomeMy WebLinkAbout2005-02-01 Support Documentation Town Council Work SessionTOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
1:00 P.M., TUESDAY, FEBRUARY 1, 2005
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1. Rod Slifer TEM/TOPIC: Site Visits. Vail Mountain School and Vail Village
Bill Gibson Inn. (1 % hrs.)
2. George Ruther ITEMITOPIC: PEC/DRB Update. (10 min.)
5. George Ruther ITEM/TOPIC: Information update on the progress of converting
Lionshead Place to a private access way. (15 min.)
ACTION REQUESTED OF COUNCIL:
Inform staff and the applicant of any issues or questions that the
Town Council may have at this time.
BACKGROUND RATIONALE:
On September 27, 2004, the Town of Vail Planning &
Environmental Commission approved a major exterior alteration
application allowing for the construction of the Lionshead Core
Site Hotel. In approving the application, the Commission
conditioned their approval on the applicant securing appropriate
approvals to convert Lionshead Place to a private access way.
5. Bill Carlson ITEM/TOPIC: Discussion of First Reading of Ordinance No. #3,
Series of 2005, an ordinance amending Section 12-11-4, Materials
to be Submitted; Procedures, Section 12-11-6, Park Design
Guidelines, and Section 14-6, Grading Standards, Vail Town
Code, and setting for details in regard thereto. (20 min.)
ACTION REQUESTED OF COUNCIL:
Approve, approve with modifications, or deny Ordinance No. #3,
Series of 2005, on first reading.
BACKGROUND RATIONALE:
On November 23, 2004, the Planning and Environmental
Commission voted 7-0 to forward a recommendation of approval
for the proposed text amendments to the Town of Vail's erosion
control and storm water quality standards.
6. Charlie Davis ITEM/TOPIC: Discussion of Reading of Ordinance No. #4, Series
of 2005, an ordinance repealing and reenacting Chapter 10-1,
Building Codes, Vail Town Code; adopting by reference the 2003
Editions of the International Building Code, International
Residential Code, International Fire Code, International
Mechanical Code, International Plumbing Code, International Fuel
Gas Code, International Energy Conservation Code; 2002 Edition
of the National Electrical Code; and. with regard to the above-
described codes, adopting certain appendices, setting forth
certain amendments thereto, and setting for details in regard
thereto. (30 min.)
ACTION REQUESTED OF COUNCIL:
Approve, approve with modifications, or deny Ordinance No. 4,
Series of 2005, on first reading.
BACKGROUND RATIONALE;
On January 24, 2005, the Town of Vail Building and Fire Code
Board of Appeals forwarded a recommendation of approval to the
Town Council for the proposed text amendments.
7• ITEM/TOPIC: Information Update. (10 min.)
$• ITEM/TOPIC: Matters from Mayor & Council. (10 min.)
9. George Ruther ITEM/TOPIC: Executive Session. Pursuant to 24-6-402 (4) (a) (e).
Real Property & Negotiations. (20 min.)
10. ITEM/TOPIC: Adjournment. (4:10 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT 12 NOON, TUESDAY, FEBRUARY 15, 2005 IN THE VAIL TOWN
COUNCIL CHAMBERS.
Sign language interpretation available upon request with 24-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING
_,. ,• January 24, 2005
1Dttr"1' OF VnIL
PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm
MEMBERS PRESENT
Chas Bernhardt
Doug Cahill
Anne Gunion
Bill Jewitt
Rollie Kjesbo
George Lamb
David Viele
MEMBERS ABSENT
Site Visits:
1. Vail Village Inn - 100 East Meadow Drive
2. Reiss Residence - 2672 Cortina Lane
3. Concert Hall Plaza Building - 616 West Lionshead Circle
4. Treetops - 450 East Lionshead Circle
5. Vail Mountain School - 3000 Booth Falls Court
6. Chamonix, Tract D
7. Spraddle Creek Estates - 1094 Riva Glen
Driver: George
NOTE: If the PEC hearing extends until 6:OOp.m., the Commission may break for dinner from
6:00-6:30p.m.
Public Hearing -Town Council Chambers: 2:00 pm
1. A request for a recommendation to the Vail Town Council for a major amendment to a
special development district (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail
Town Code, to allow for an amendment to Special Development District No. 6, Village Inn Plaza,
to increase the total allowable gross residential floor area (GRFA) within the district, located at
100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1ST Filing, and
setting forth details in regard thereto.
Applicant: Luc Meyer, represented by Fritzlen Pierce Architects
Planner: Bill Gibson
ACTION: Approved with conditions
MOTION:. Kjesbo SECOND: Viele VOTE: 7-0-0
CONDITIONS:
1. Approval of this major amendment to Special Development District (SDD) No. 6, Vail
Village Plaza, shall be contingent upon Town of Vail approval of the related design
review application.
2. Prior to the issuance of a building permit for this major amendment to Special
Development District (SDD) No: 6, Vail Village Plaza, the applicant shall submit a
construction staging plan to the Town of Vail Public Works Department for review and
approval.
3. Prior to the issuance of a temporary or final Certificate of Occupancy for this major
amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the
applicant shall amend the Condominium Map for the Vail Village Plaza Condominiums,
pursuant to Chapter 13-6, Condominium and Townhouse Plats, Vail Town Code. A
note shall be placed on the plat identifying the parking spaces dedicated to Units 16,
17, and 29, Vail Village Plaza Condominiums.
4. Prior to the issuance of a temporary or final Certificate of Occupancy for this major
amendment to Special Development District (SDD) No. 6, Vail Village Plaza, the
applicant shall construct and/or fund that portion of the East Meadow Drive
Streetscape improvements to be constructed in accordance with the Town of Vail
Streetscape Master Plan (see Attachment E).
Bill Gibson presented the project according to the memorandum
Bill Pierce, from Fritzlen Pierce Architects, remarked upon the similarity of this application with
the proposal which was previously approved at the Alpenrose.
Doug Cahill asked about landscaping which was a necessary part of the approval. Bill Pierce
commented that all streetscape improvements and landscaping would be completed in front of
the store and to the steps at the north portion of the site.
The Commission asked if.there were any guarantees that parking was being provided for these
uses. Bill Gibson finished by stating that one of the conditions of approval included the
amendment of the plat to reflect the dedicated use of parking for this proposed unit.
2. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3,
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a
temporary business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6,
Lionshead Filing 1, and setting forth details in regard thereto.
Applicant: Vail resorts, represented by Braun Associates, Inc.
Planner: Bill Gibson
ACTION: Approved with conditions
MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0
CONDITIONS:
1. This conditional use permit for a temporary business office, located at 450 East
Lionshead Circle (Treetops commercial building), shall become valid on April 1, 2005.
2. This conditional use permit for a temporary business office, located at 450 East
Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2008,
subject to an annual review, on or before January 15` of each year, by the Planning and
Environmental Commission to verify compliance with the conditions of approval. Vail
Resorts shall submit applications to the Town of Vail Department of Community
Development in accordance with the Department of Community Development's
submittal deadlines for each annual review.
3. On any date prior to January 24, 2008, this conditional use permit for a temporary
business office, located at 450 East Lionshead Circle (Treetops commercial building),
shall expire upon the issuance of a temporary or final Certificate of Occupancy for the
Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building,
whichever occurs first.
4. This conditional use permit for a temporary business office, located at 450 East
Lionshead Circle (Treetops commercial building), shall only allow for a temporary
business office use as defined by Ordinance No. 26, Series of 2004."
Bill Gibson introduced the project according to the memorandum.
Bill Jewitt inquired about plans to screen the offices which will now be quite visible to the
bystander/pedestrian.
Jay Peterson responded that blinds or another sort of visual mitigation would be installed.
The Commissioners made the decision to simultaneously discuss and approve item numbers
two and three.
3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3,
Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a
temporary business office located at 616 W. Lionshead Circle (Concert Hall Plaza Building),
Lionshead Filing 4, and setting forth details in regard thereto.
Applicant: Vail Resorts, represented by Braun Associates, Inc.
Planner: Elisabeth Eckel
ACTION: Approved amended conditions
MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0
CONDITIONS:
1. This conditional use permit for a temporary business office, located at 616 W.
Lionshead Circle (Concert Hall Plaza Building), shall become valid on April 1, 2005.
2. This conditional use permit for a temporary business office, located. at 616 W.
Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2008,
subject to an annual review, on or before January 1St of each year, by the Planning and
Environmental Commission to verify compliance with the conditions of approval. Vail
Resorts shall submit applications to the Town of Vail Department of Community
Development in accordance with the Department of Community Development's
submittal deadlines for each annual review.
On any date prior to January 24, 2008, this conditional use permit for a temporary
business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall
expire upon the issuance of a temporary or final Certificate of Occupancy for the
Lionshead Core Site (The Arrabelle at Vail Square) or the North Day Lot office building,
whichever occurs first.
3. This conditional use permit for a temporary business office, located at 616 W.
Lionshead Circle (Concert Hall Plaza Building), shall only allow for a temporary
business office use as defined by Ordinance No. 26, Series of 2004.
4. The applicant (or associated users of the Concert Hall office spaces) shall ensure that
the parking access and availability for Landmark Townhomes is never impeded.
Discontent related to parking on behalf of Landmark shall be reason for the applicant
to erect a gate to discontinue such impediment, subject to approval of a design review
application.
George Lamb suggested that an additional condition be added to the application that reflected
respect of parking for the Landmark Townhomes.
Geoff Wright, the manager of the Landmark Townhomes, mentioned that some discussion had
occurred with Vail Resorts regarding the provision of adequate parking and that Vail Resorts had
assured him that a gate could be installed which would deter illegal parking on his property.
Doug Cahill finished by stating his concerns about illegal parking and keeping the loading zones
free of parking for the duration of the conditional use permit.
4. A request for a site coverage variance, pursuant to Chapter 12-17, Variances, Vail Town
Code, to allow for a variance from Section 12-21-14, Hazard Regulations, Vail Town Code, to
allow for site coverage in excess of 15% of the total site area on a lot with excessive slopes,
located at 2672 Cortina Lane, Lot 8, Block B, Vail Ridge Subdivision and setting forth details in
regard thereto.
Applicant: Helmut Reiss, represented by Isom and Associates
Planner: Elisabeth Eckel
ACTION: Denied
MOTION: Kjesbo SECOND: Jewitt VOTE: 5-2-0 (Viele, Bernhardt opposed)
Elisabeth Eckel presented an overview of the staff memorandum.
Todd, from Isom and Associates, and Helmut Reiss, the applicant, further presented the
proposal.
Bill Pierce, Vail resident and local architect, commented that allowable site coverage should not
be reduced for lots with steep slopes. He recommended that the Town's regulations should be
revised and amended.
Anne Gunion also recommended possible revisions to the code, but stated that she could not
now find a hardship or special circumstance to justify the proposed variance.
David Viele expressed his support for this and other similar variances.
Chas Bernhardt believed the intent of the provision limiting site coverage on steep slopes was to
prevent unnecessary site disturbance and did not believe that the granting of this variance would
result in unnecessary disturbance.
Commissioners Jewitt, Kjesbo, Lamb, and Cahill agreed with Commissioner Gunion.
Helmut Reiss commented that these homes were a signature design within West Vail and re-
stated his desire to expand his home. .
5. A request for final review of a minor amendment to an approved development plan, pursuant
to Section 12-9C-5, Development Standards, Vail Town Code, for the Vail Mountain School,
located at 3000 Booth Falls Court, Lot 1, Vail Mountain School Subdivision, and setting forth
details in regard thereto.
Applicant: Vail Mountain School, represented by Mauriello Planning Group, LLC
Planner: Matt Gennett
ACTION: Approved with condition(s)
MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0
1. That the applicant submits a design review application to staff for the new landscape
plan which adequately screens the parking area from all sides with appropriate vegetation
and that approval is granted for the new landscape plan prior to the issuance of a TCO.
Matt Gennett presented the project according to the memorandum.
Bill Jewitt commented that the proposal must assure screening of the parking for the benefit of
the neighbors to the north. He wanted to clarify that the intent of the landscaping regulations
were maintained through this proposal.
Doug Cahill asked if Staff had communicated their concerns to the applicant, which Matt Gennett
answered affirmatively.
Dominic Mauriello, the applicant's representative, explained some of the problems with the
previous landscaping plan. He commented on the improved automobile circulation and snow
removal capabilities that would result from the proposal.
Alan Scott, a resident on Booth Falls Court, communicated his concerns regarding the visual
impact of the parking lot. The lighting proposed for the parking lot should not unduly reflect on
neighboring property owners and he encouraged the Commission to address the issue.
Dominic Mauriello clarified that some of the lighting would be moved closer to the berm and the
remaining light fixtures would not remain lit into the night. In sum, he requested that the
applicant be provided the freedom to arrange the landscaping elsewhere on the site as long as
the development standards remain satisfied.
Bill Jewitt requested that the Design Review Board be given. the authority to approve an
appropriate landscaping plan.
Rollie Kjesbo stated that this plan was superior to the original proposal.
George Lamb requested that Staff review with neighboring property owners' issues such as
lighting.
David Viele suggested that the lot's exit be made bigger. Rollie Kjesbo answered that exiting
onto the Frontage Road wasn't the main problem.
Doug Cahill requested that further attention be paid to lighting, with respect to the neighboring
property owners:
6. A request for a final review of an amendment to an approved development plan, pursuant to
Section 12-7H-7, Exterior Alterations or Modification, Vail Town Code, for the Lionshead Core
Site Hotel, located at 616 Lionshead Circle/Lot 4, Block 1, Tracts D, H, and C, Lionshead Filing 1
•and Lot 2, Block 1, Tracts H, G, and C, Lionshead Filing 3, and setting forth details in regard
thereto.
Applicant: Vail Resorts, represented by Braun Associates, Inc.
Planner: George Rrther
ACTION: Approved with conditions
MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0
The Developer shall address the following conditions of approval prior to final review of the
development applications by the Town of Vail Design Review Board:
1) That the Developer identifies a new location for• publicly accessible restrooms on or near
the development site. The new location shall be identified on a revised set of floor plans
which shall be submitted by the applicant to the Town of Vail Community Development
Department for review and approval.
2) That the Developer submits a complete Design Review Board application to the Town of
Vail Community Development Department.
The Developer shall address the following conditions of approval prior to applying for a
building permit for the improvements from the Town of Vail Community Development
Department: (note: A grading plan shall constitute a building permit.)
1) That the Developer addresses the red-lined corrections on the proposed grading and
drainage plans and submits a revised final grading and drainage plan for final review and
approval by the Town of Vail Public Works Departrrient.
2) That the Developer submits a complete set of civil engineered drawings of the Approved
Development Plans including the required off site improvements, to the Town of Vail
Community Development Department for review and approval of the drawings. It is
acknowledged that final DRB approval of streetscape improvements is not
required prior to VR making application for building permit. It shall be noted that the
review of the civil engineered drawing may take up to six months to review and approve.
3) That the Developer submits written letters of approval from all adjacent and/or affected
property owners whose property is being physically impacted or altered (ie, Montauk,
Lionshead Arcade, Antler's, ,Lions Square Lodge, Landmark, etc.) as a result of the
construction of the Lionshead Core Site Hotel, as depicted on the Approved Development
Plan, to the Town of Vail Community Development Department for review and approval.
4) Tha~tfic-~c~/~9~e~' +ho ronoi~ioc finl+l ~+n.,rn~i'+I
The approved Development Agreement between the
Town of Vail and VR has approved in concept the conveyance of Town-owned land
to VR and stipulates that the conveyance of this land shall occur concurrent with
the issuance of a building permit. VR shall submit a major subdivision application
as necessary to create the parcels to be conveyed. prior to making application for
building permit and such major subdivision application shall be reviewed and
approved by the Town prior to issuance of a building permit.
5) That the Developer receives final approval from the Vail Town Council for how the
ownership, maintenance and other aspects of improvements proposed within the
Lionshead Place public right-of-way will be handled. Said approvals may involve
the conveyance of the public right of way existing beneath Lionshead Place or in some
other manner as approved by the Town Council. Should the Developer be unable
to secure a final approval from the Town Council, the Developer may submit a
revised major exterior alteration application to the Town of Vail Community
Development Department for review and approval by the Town of Vail Planning and
Environmental Commission.
6) That the Developer submits revised plans to the Town of Vail Community Development
Department for final review and approval of the Town of Vail Public Works Department
addressing each of the comments summarized in the letter from Greg Hall, Public Works
Director, to George Ruther, Chief of Planning, dated September 23, 2004. A copy of the
letter has been attached for reference.
7) That the Developer submits a complete application for a variance from the adopted
public streets design standards outlined in Title 13, Subdivision Regulations, Vail
Town Code, to allow for the construction of a new street which deviates from the
minimum design standards, for review and approval by the Town of Vail Planning
and Environmental Commission.
The Developer shall address the following conditions of approval prior to the issuance of a
building permit by the Town of Vail Community Development Department: (note: A grading
permit shall constitute a building permit.)
1) That the Developer finalizes the Rental Program Proposal and then enters into a written
agreement with the Town of Vail that is recorded with the Eagle County Clerk &
Recorder's Office, which requires that the Rental Program Proposal is implemented and
fully adhered to by the applicant and its assigned and successors for a period of not less
then 20 years from the date of the issuance of a temporary certificate of occupancy. The
final Rental Program Proposal shall be reviewed and approved by the Vail Town Council
following a recommendation on the proposal from the Town of Vail Planning and
Environmental Commission.
2) That the Developer submits a Construction Staging Plan to the Town of Vail Community
Development Department for the review and approval of~ the proposed staging plan by
the Town of Vail Public Works Department.
3) That the Developer prepares a Lionshead Core Site Hotel Art in Public Places Plan. for
review and comment by the Town of Vail Art in Public Places Board. Said Plan shall
include the funding for a minimum of $1,000,000 in public art improvements to be
developed in conjunction with Lionshead Core Site Hotel. The implementation of the
Plan shall be completed within two years of the date of the issuance of a temporary
certificate of occupancy for the Lionshead Core Site Hotel improvements.
4) That the Developer shall be assessed a transportation impact fee in the amount of
$5,000 per increased vehicle trip in the peak hour generated (61 trips), or $305,000, as a
result of the Lionshead Core Site Hotel improvements. The fee shall be paid by the
Developer. At the sole discretion of the Town of Vail Public Works Director, said fee may
be waived in full, or part, based upon the completion of certain off-site improvements.
5) That the Developer prepares a Developer Improvement Agreement for Off-Site
Improvements, as depicted on the Approved Development Plan, for review and approval
by the Vail Town Council. Upon approval of the Agreement, the Developer and the Town
of Vail shall legally execute the Agreement.
6) That the Developer receives final approval of the major subdivision application and
records the final plat with the Eagle County Clerk & Recorder's Office as
contemplated above.
The Developer shall address the following conditions of approval prior to the issuance of a
temporary certificate of occupancy (TCO) for any of the Lionshead Core Site Hotel
improvements:
1) That the Developer provides deed-restricted employee housing that complies with the
Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 3~ 20
employees, and that said restrictions shall be made available for occupancy. In addition,
the deed-restrictions shall be legally executed by the Developer and duly recorded with
the Eagle County Clerk & Recorder's Office.
2) That the Developer submits an application for the establishment of View Corridors #4 and
#5 as contemplated by the Lionshead Redevelopment Master Plan to the Town of Vail
Community Development Department for review and approval by the Vail Town Council.
The Developer shall address the following conditions of approval prior to the issuance of a
final certificate of occupancy (CO) for any of the Lionshead Core Site Hotel improvements:
1) That the Developer prepares easement agreements for the review and approval of the
Town of Vail for all necessary easements (ie, utilities, pedestrian access, ingress/egress,
drainage, maintenance, emergency vehicle access, fire lane, signage, etc.) in and around
the development site as generally depicted on the Approved Development Plans and
major subdivision plat. The easement agreements shall be legally executed by the
Developer and duly recorded with the Eagle County Clerk & Recorder's Office.
2) That the Developer executes a Memorandum of Understanding for the Operation,
Maintenance, and Management of the Lionshead Core Loading and Delivery Facility, to
be located on the development site beneath the Lionshead Core Site Hotel. The
Memorandum shall be reviewed and approved by the Vail Town Council following a
recommendation on the proposal from the Town of Vail Planning and Environmental
Commission.
3) That the Developer agrees to design and construct all required streetscape
improvements within the defined area of work, as generally depicted on the Off Site
Improvements Plan. The Developer acknowledges that the final design of the
improvements has not yet been approved by the Town of Vail Design Review Board and
that the proposed plan may be subject to change.
The following condition of approval shall be placed upon the operation of the Private Skier
Club in the Lionshead Core Site Hotel:
1) That the maximum number of Private Skier Club members shall not exceed 100 full
members and 16 partial members and the maximum number of private parking spaces
dedicated to the full members use shall not exceed 100 spaces. A full member shall be
.defined as a ski club member entitled to full parking, spa, and members club services. A
partial member shall be defined as a ski club member entitled to full spa and members
club services with no rights to on-site parking.
George Ruther presented the project according to the memorandum
The Commissioners asked about the differences between a private versus a public road. Tom
Kassmel, the Town Engineer, stated that the Town's Development Standards for a public
roadway would not be able to be met at this location. IssuE;s such as grade, turn around radii,
and vertical and horizontal curves would not be in compliance if the proposal remained for the
street to be a public, instead of a private, roadway.
George Ruther suggested that Staff and the applicant spend more time with the plans, clarifying
the remaining issues.
Jay Peterson reiterated the problems that had arisen with neighboring property owners,
particularly the worry about the loss of public access should the street become privately owned
and mairitained.
Tom Braun commented that space in that area was at a premium due to the combination of
loading/delivery access and porte-cochere access.
Anne Gunion added that more concerns must exist from Public Works' perspective than were
currently being discussed. The applicant agreed that more discussions with Staff and related
departments must occur about public versus private street ownership.
Tom Kassmel clarified that public roadways were not anticipated to be heated due to expense
and other lasting ramifications.
Doug Cahill asked about the ramifications of the proposal on employee housing units. George
Ruther responded that research had been conducted regarding the multiplying factor of EHU's
for this development site. He stated that the confusion presented a need for the Town to clarify
the multiplier for Employee Housing Units.
Tom Braun, the applicant's representative, communicated his initial surprise at Staff's use of the
employee housing multiplier, since Staff had used a stricter multiplier than he had expected. He
requested fair and equal treatment from the Planning and Environmental Commission as other
applicant's with similar proposals had been granted.
George Ruther requested that some recommendation be made to the Town Council regarding a
codified employee housing requirement.
Anne Gunion'asked the applicant what type of employee housing was being proposed and
George Ruher responded that discussions were ongoing between Staff and the applicant on this
issue.
David Viele asked if all of the for sale units had been sold, which the applicant answered
affirmatively.
Bill Jewitt asked what the prompted the move from two and three bedroom units to five bedroom
units.
Jay Peterson responded that there was a huge demand for every type of unit. Additionally,
some thought was being given to providing more lock-offs within each condominium unit.
Rollie Kjesbo asked how soon a tentative plan could be presented to Council. Jay Peterson
responded that the major delay would occur' in dealings with the neighboring property owners.
George Lamb expressed no concerns with the change in configuration and stressed the
uniqueness of these public/private negotiations. He added that the ability to offset some of the
expenses of an Association through the creation and flexibility of more lock-off opportunities was
a good idea.
Doug Cahill encouraged the applicant's further collaboration with Staff; particularly in regard to
condition number five.
7. A request for a work session to discuss the proposed Chamonix Parcel Master Land Use
Plan pursuant to Chapter VIII, Section 3, Town of Vail Land Use Plan, for the Chamonix Parcel
located at Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: .Matt Gennett
Worksession: no vote
Matt Gennett introduced the worksession according to the memorandum
Hank ?, a local homeowner, suggested that aself-storage facility of some sort be considered in
the form of a conditional use for the site. He affirmatively answered David Viele's question
regarding whether he held a business interest in the site.
Matt Gennett commented that retail and commercial uses had been discouraged due to impacts
on the site and increased traffic. The site had been intended for medium density residential .
uses, he continued. Doug Cahill said that Hank's suggestion would be taken into consideration.
Bill Jewitt asked about the access to the recreational space. Matt Gennett responded that the
recreational space would be accessed internally and would likely be used mostly by residents
within the development. Bill also asked about the possibility of housing for the firemen who
might be employed on the site and about the possibility of locating new Town offices there. Matt
responded that site constraints, particularly in the form of steep slopes, would be the most
limiting factors at this site.
Rollie Kjesbo agreed that this would be the perfect location for a fire station. Regarding
residential uses, the slopes would definitely direct the development,`and agood integration of
affordable and market housing on the site would be preferred. He wanted to ensure that the fire
department employees were well supplied for onsite as well.
George Lamb felt encouraged that the site was being discussed and given input.
Anne Gunion expressed some concern over the easement at the Shell station, particularly in
regard to circulation. The West recreational space did not look particularly feasible as a
recreational space due to the slopes, she finished.
Mitch ?, from Davis Partnership, replied that the optional access easement had been studied as
an option for the fire trucks. Some attention had been paid to creating an optional cul-de-sac as
well. The reasoning behind the two areas of recreational spaces resulted from the steep slopes
on the site and weren't necessarily defined yet as passive or active recreational spaces.
David Viele stated that his impression was one of crowding, with too many uses proposed for too
small a site. The recreation that already existed behind Chamonix Lane (the North Trail system)
was more than enough for the area. He added that additional ingress/egress points to Chamonix
Road might be problematic, especially during inclement weather. Furthermore, additional
employee housing may not be necessary in the Town.
Chas Bernhardt agreed with Mr. Viele regarding the seemingly "crowded" proposal. He asked
Pam Brandmeyer if the funds which were earmarked for a West Vail Fire Station, were still in
place.
Pam Brandmeyer replied that they were never actually ??'????????????
Kim Ruotolo commented that eighteen dwelling units per acre was the maximum amount allowed
on the site, but it was likely that the density would not be that high. Throughout numerous
summer meetings, much input had been garriered from neighbors and concerned residents
within the Town.
Doug Cahill agreed that the project was proceeding in the right direction. If the access easement
was utilized, the lack of landscaping that would result would not be visually beneficial. The open
space buffers near Chamonix Lane would be a positive addition, however. He asked Russ
Forrest about the zoning at Ellefson Park, which was guessed to be Residential Cluster. He
encouraged further participation and input from the neight~ors. Commercial uses, even as
conditional uses, were likely not appropriate for this site. He finished by stating the priority of
erecting a fire station on this site.
8. A request for a revision to a final plat, pursuant to Section 13-12, Exemption Plat Review
Procedures, Vail Town Code, to amend a plat restriction to allow for additional gross residential
floor area, located at 1094 Riva Glen/Lot 4, Spraddle Creek Estates, and setting forth details in
regard thereto. Applicant: W&B Development, LLC, represented by Tim Losa, Zehren and
Associates, Inc.
Planner: Matt Gennett
ACTION: TABLED TO FEBRUARY 14, 2005
MOTION: Lamb SECOND: Jewitt VOTE: 7-0-0
9. Approval of January 10, 2005 minutes ,
ACTION: Approved
MOTION: Lamb SECOND: Jewitt VOTE: 7-0-0
10. Information Update
• Crossroads Update
• Training Needs?
11. Adjournment: 4:50pm
MOTION: Lamb SECOND: Kjesbo VOTE: 7-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in
the Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call
(970) 479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published January 21, 2005, in the Vail Daily.
.~-0.,
DESIGN REVIEW BOARD AGENDA
a January 19, 2005
fr»r~~~~i~ ~ 3:00 P.M.
~~1~ PUBLIC MEETING
PUBLIC WELCOME
PROJECT ORIENTATION /LUNCH -Community Development Department
MEMBERS PRESENT
Pete Dunning
Joe Hanlon
Bill Pierce
SITE VISITS
1. Reiss Residence - 2672 Cortina Lane
2. Crossroads - 141 and 143 East Meadow Drive
3. Meyer Residence - 100 East Meadow Drive
4. Gagner Residence - 4284 Columbine Drive
4. Rogers Residence - 4812 Meadow Lane
MEMBERS ABSENT
Diana Mathias
Margaret Rogers
Driver: George
12:OOpm
2:OOpm
PUBLIC HEARING -TOWN COUNCIL CHAMBERS ~ ~ 3:OOpm
1. Reiss Residence DR604-0627 Elisabeth
Conceptual review of a residential addition
2672 Cortina Lane/Lot 8, Block B, Vail Ridge
Applicant: Helmut Reiss, represented by Isom & Associates
Conceptual review: no vote
2. Rogers Residence DRB04-0401 Bill
Final review of new construction (single family with EHU)
4812 Meadow Lane/Lot 8, Block 7, Bighorn 5th Addition
Applicant: Scott and Amy Rogers, represented by Larry Benway
ACTION: Approved
MOTION: Hanlon SECOND: Dunning VOTE: 3-0-0
3. Meyer Residence DR605-0003 Bill
Conceptual review of exterior alteration
100 East Meadow Drive, Units 17 and 29/Village Inn Plaza
Applicant: Luc Meyer, represented by Fritzlen Pierce Architects
Conceptual review: no vote
4. Gagner Residence DRB05-0008 Elisabeth
Final review of changes to approved plans (deck expansion)
4284 Columbine Drive, Unit D/Re-subdivision of Bighorn Lot 20, Streamside Duplexes
Applicant: Tim Gagner
ACTION: Approved with condition(s)
MOTION: Hanlon SECOND: Dunning VOTE: 3-0-0
CONDITION(S): ~
1. Prior to teMporary certifiicate of occupancy, the applicant shall ensure that the enclosure and
related construction be painted to match the residence.
2. The applicant shall ensure that the railing style match either the railing style of the existing
deck and railing OR be sided horizontally to match the siding style applied to the residence.
Staff Approvals
North Face Sign DR604-0622
Final review of a sign
193 East Gore Creek Drive/Block B, Vail Village Filing 1
Applicant: Edward Matalaso, represented Specialty Sports
Matt
Off Piste DRB05-0001 Matt
Final review of a new sign
292 East Meadow Drive, Unit #2/part of Tracts B & C, Block 5, Vail Village Filing 1
Applicant: Mike Grant
Children's Garden of Learning DR605-0007
Final review of a sign
129 North Frontage Road/Mountain Bell
Applicant: Town of Vail and Children's Garden of Learning
Bitlabong Store DRB05-0004
Final review of a sign
244 Wall Street/One. Vail Place Condominiums
Applicant: Barbara Walker
Children's Garden of Learning DR605-0009
Final review of changes to approved plans
129 North Frontage Road/Mountain Bell
Applicant: Children's Garden of Learning/Town of Vail
Hicks Addition DRB04-0624
Final review of a residential addition
330 Beaver Dam Circle/Lot 6., Block 3, Vail Village Filing 3
Applicant: David Hicks, represented by Slifer Designs
Matt
Matt
Matt
Elisabeth
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: February 1, 2005
SUBJECT: Ordinance No. 3, Series of 2005, a request for text amendments to
Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code,
Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading
Standards, Vail Town Code, and setting for details in regard thereto.
Applicant: Town of Vail
Planner: Bill Carlson, Environmental Health Officer
I. DESCRIPTION OF THE REQUEST
The Town of Vail is proposing text amendments to Section 12-11-4, Material To
Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town
Code, and Chapter 14-6, Grading Standards, Vail Town Code, to create
stormwater quality standards and a stormwater quality permit system.
II. BACKGROUND
On November 8, 2004, the Planning and Environmental Commission voted 7-0 to
forward a recommendation of approval to the Town Council of the proposed
text amendments. The Commission's recommendation was based upon the
review of the criteria noted in the November 8, 2004, staff memorandum and the
evidence and testimony presented, with the findings noted in the November 8,
2004, staff memorandum.
III. DISCUSSION
At the November 8, 2004, the Planning and Environmental Commission public
hearing, the proposed text amendments modifying the Town of Vail stream
setback requirements were withdrawn. This issue will be addressed with the
Planning and Environmental Commission at a future date. Therefore, the
proposed ordinance has been reformatted since the November 8, 2004, Planning
and Environmental Commission public hearing.
IV: STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
approves Ordinance No. 3, Series of 2005, on first reading to amend Section
12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2,
Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town
Code, and setting for details in regard thereto. Staff's recommendation is based
upon the review of the criteria noted in the November 8, 2004, staff
memorandum and the evidence and testimony presented.
1
Should the Town Council choose to approve Ordinance No. 3, Series of 2005, on
first reading, the Community Development Department recommends the Town
Council makes the following findings:
1. The amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development
objectives of the Town; and
2. The amendments further the general and specific purposes of the
Zoning Regulations; and
3. The amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential-community of the highest quality.
V. ATTACHMEPJTS
Attachment A: Ordinance No. 3, Series of 2005
Attachment B: PEC memorandum dated November 8, 2004
t
2
ATTACHMENT A
ORDINANCE N0.3
SERIES OF 2005
AN ORDINANCE AMENDING SECTION 12-11-4, MATERIAL TO BE SUBMITTED; PROCEDURE,
VAIL TOWN CODE, CHAPTER 14-2, DEFINITIONS, VAIL TOWN CODE, AND CHAPTER 14-6,
GRADING STANDARDS, VAIL TOWN CODE, AND SETTING FOR DETAILS IN REGARD
THERETO.
WHEREAS, land development projects and associated increases in impervious cover alter
the hydrologic response of local watersheds and increase stormwater runoff rates and volumes,
flooding, stream channel erosion, and sediment transport and deposition; and
WHEREAS this stormwater runoff contributes to increased quantities of water-borne
pollutants, and stormwater runoff, soil erosion and non point source pollution can be controlled and
minimized through the regulation or erosion control and stormwater quality associated with
construction activities; and
WHEREAS, the Environmental Protection Agency has promulgated regulations pursuant to
Phase II of the National Pollutant Discharge Elimination System as part of the Clean Water Act, and
has required the implementation of a stormwater quality ordinance in order to meet requirements of
the stormwater discharge permit issued by the State of Colorado; and
WHEREAS, soil erosion and stream channel erosion make necessary costly repairs to
gullies, washed out fills, roads and embankments, and the resulting sediment clogs storm sewers
and road ditches, leaves deposits of silt in streams, and is considered a significant water pollutant
associated with stormwater runoff; and
WHEREAS regulations limiting soil erosion and stream channel erosion are in the public
interest and will prevent threats to public health and safety; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Town Code
of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the development objectives of the Town of Vail; and
Ordinance No. 3, Series of 2005 1
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval of these amendments at its November 8, 2004; meeting, and has submitted
its recommendation to the Town Council; and
WHEREAS, the Vail Town Council finds that the amendments are consistent with the
applicable elements of the adopted goals, objectives and policies 'outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town; and .
WHEREAS, the Vail Town Council finds that the amendments further the general and
specific purposes of the Zoning Regulations; and
WHEREAS, the Vail Town Council finds that the arendments promote the health, safety,
morals, and general welfare of the Town and promote the coordinated and harmonious development
of the Town in a manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 12-11-4C, Preliminary And Final Design Review, Vail Town Code,
shall hereby be amended as following additions:
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j. Stormwater Quality Permits: Refer to Chapter.l4-6, Grading Standards, of
the Vail Town Code.
Section 2. Chapter 14-2, Definitions; Vail Town Code, shall hereby be amended with
the following additions:
Ordinance No. 3, Series of 2005 2
BUFFER
An area adjacent to a water body where land development or disturbance is restricted.
When land disturbing activities are permitted within this area, BMPs or other mitigation must
be used to minimize adverse impacts to the water body.
COLORADO DISCHARGE PERMIT SYSTEM (CDPS)
State of Colorado regulation (5 CCR 1002-61) and as amended which covers discharges
from specific types of industries including construction sites, and storm sewer systems for
municipalities as part of the Water Quality Control Division (Division) under the Colorado
Department of Public Health and Environment (CDPHE).
CONSTRUCTION ACTIVITY
Construction activity includes clearing, grading and excavation activities. Construction does
not include routine maintenance performed by public agencies, or their agents to maintain
original line and grade, hydraulic capacity, or original purpose of the facility.
CPESC
Certified Professional in Erosion and Sediment Control.
DEVELOPMENT
All activities involving earth disturbance and requiring a building or grading
permit, including but not limited to, commercial or industrial developments,
single or multi-family housing, construction of structures, road and driveways,
and installation of utilities.
DISTURBED AREA
That area of the land's surface disturbed by any work or activity upon the property by means
including but limited to grading; excavating; stockpiling soil, fill, or other materials; clearing;
vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities
which expose soil. Disturbed area does not include the tillage of land that is zoned for
agricultural use. It also does not include performance of emergency work necessary to
prevent or ameliorate an immediate threat to life, property, or the environment. Any person
performing such emergency work shall immediately notify the Town Engineer of the situation
and the actions taken. The Town Engineer may, however, require such person to obtain a
stormwater quality permit to implement remedial measures to minimize erosion resulting
from the emergency.
DRAINAGEWAY.
Any natural or artificial stream, swale, creek, river, ditch, channel, canal or other open
watercourse.
EROSION
The process by which the ground surface is worn away by action of wind, water, gravity, or a
combination of thereof.
EROSION AND SEDIMENT CONTROL PLAN
A plan to minimize erosion and on site sedimentation resulting from construction
activities. The plan should include detailed information.about the site; planned
construction activities and best management practices (BMPs) to implement that can
minimize on-site erosion and transport of sediment off-site during construction.
Ordinance No. 3, Series of 2005 3
FINAL STABILIZATION
When all soil disturbing activities at the site have been completed, and uniform vegetative
cover has been established with a density of at least'70 percent ofpre-disturbance levels, or
equivalent permanent, physical erosion reduction methods have been employed. For
purposes of this section, establishment of a vegetative cover capable of providing erosion
control equivalent to pre-existing conditions at the site is considered final stabilization.
LAND-DISTURBING ACTIVITIES
Any mechanical activity which alters the surface of the earth and exposes the same to the
elements of wind, water, or gravity. Land-disturbing activities include grading, filling,
excavating, and soil storage. Agricultural activities are exempt from this definition.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A system of conveyances owned and operated by the Town of Vail used in the collection,
treatment or disposition of storm, flood or surface drainage waters, including manmade
structures and natural watercourses and/or floodplains forthe conveyance of runoff, such as
detention or retention areas, berms, swales, improved watercourses, channels, bridges,
gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches,
siphons, catch basins, inlets, pumping plants and other equipment and appurtenances and
all extensions, improvements, remodeling, additions and alternations thereof; and any and
all rights or interests in such stormwater facilities, and which is not used for collecting or
conveying sewage.
OPERATOR
The individual who has day to day supervision and control of activities occurring at the
.construction site. This can be the owner, the developer, the general contractor or the agent
of one of these parties, in some circumstances. It is anticipated that at different phases of a
construction project, different types of parties will satisfy the definition of an "operator" and
the pertinent portions of any applicable State of Colorado permit will be transferred as the
roles change.
PROPERTY OWNER
The record owner of the property or properties, who is the responsible party for the Town of
Vail stormwater quality permits.
ORDINARY HIGH WATER MARK.
The line between upland and bottomland which persists through successive changes in
water levels, below which the presence and action of the water is so common or recurrent
that the character of the land is marked distinctly from the upland and is apparent in the soil
itself, the configuration of the surface of the soil and the vegetation. On an inland lake which
has a level established by law, it means the high established level. Where water returns to
its natural levels as the result of the permanent removal or abandonment of a dam, it means
the natural ordinary high water mark.
PERMANENT SOIL EROSION CONTROL MEASURES
Those control measures which are installed or constructed to control soil erosion and which
are maintained after completion of all grading and earth disturbance activities.
Ordinance No. 3, Series of 2005 4
POINT SOURCE
Any discernible, confined and discrete conveyance from which pollutants are or may be
discharged. Point source discharges of stormwater result from structures, which increase
imperviousness of the grourid which acts to collect runoff, with runoff being conveyed along
the resulting drainage or grading pattern.
RECEIVING WATER
Any water of the State of Colorado into which stormwater related to construction activities
discharges.
RIPARIAN ZONE
The area located betweens the water's edge of aquatic ecosystems (rivers, streams, lakes,
ponds, springs and seeps) and upland areas, whose soils allow. for or tolerate a high water
table, and provide sufficient moisture in excess of that otherwise available locally so as to
provide a more moist habitat than that of contiguous floodplains and uplands. Riparian
areas are composed of interacting assemblages of plants, animals and aquatic communities
whose presence is either directly.or indirectly attributed to water-influenced orwater-related
factors. Riparian areas produce a diversity of vegetative forms, sizes and species and a
density of vegetation that makes them among the most productive habitats for wildlife.
Areas exempt from this definition are manmade agricultural structures and devices such as
irrigation ditches, sprinklers, and artificial ponds. v
SPILL
An unintentional release of solid or liquid material which may cause pollution of the MS4 or
waters of the State.
STORMWATER
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural
precipitation, and resulting from such precipitation.
STORfV1WATER MANAGEMENT PLAN (SWMP)
A written plan to minimize pollutants in stormwater discharged from
construction sites as required under the Colorado Discharge Permit System
(CDPS) General Permit for stormwater Discharges Associated with Construction
Activity. This plan includes a site description and map, identifies best
management practices for implementation at the site and identifies maintenance
and inspection requirements for these best management practices.
STORMWATER QUALITY CONTROL PLAN .
A plan to control pollutants transported in stormwater prior to pollutants entering
waterbodies. stormwater quality control plans in the context of these regulations
refer to post-development stormwater flows, rather than stormwater flows under
construction conditions. stormwater Quality Control Plans should be based on
best management practices (BMP's) such as avoiding direct discharge into
waterbodies, minimizing directly connected impervious area, use of detention
ponds, and other BMP's.
TEMPORARY SOIL EROSION CONTROL MEASURES
Interim control measures which are installed or constructed and maintained whenever
grading or other earth disturbance is to occur for the purpose of control soil erosion until
permanent soil erosion control is effected.
Ordinance No. 3, Series of 2005 r.7
WETLAND
Wetlands means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs and similar areas. For purposes of
these regulations wetlands do not include areas that are saturated solely by the application
of agricultural irrigation water. Manmade lakes and ponds built for the purpose of detaining
runoff are not considered wetlands in the context of these regulations.
Section 3. Chapter 14-6, Grading Standards, Vail Town Code, shall hereby be
amended with the following additions:
STORMWATER QUALITY PERMITS
A. PURPOSE, INTENT, AND LIABILITY
Purpose: The preservation of wetland and water areas, serves to prevent water
quality degradation of Gory Creek and its tributaries and the several ponds in the
Town of Vail. Protection of ecosystems, aquatic habitats, and wildlife habitats,
especially habitats for state or federally designated threatened or endangered
species, to preserve ground water recharge functions, and preserve natural flood
plain control.
2. Intent: The intent of this chapter is to enhance the quality of water in the Town's
drainage ways and subsequent receiving waters by establishing requirements for
stormwater quality permits for construction and development, to prevent soil erosion
and sedimentation from leaving construction activities within the Town in order to
protect the vital, beneficial functions and values of wetlands, streams, and water
bodies within the Town.
3. Liability: Any person who undertakes or causes to be undertaken any activity which
involves disturbance of the land's surface shall ensure that soil erosion,
sedimentation, increased pollutant loads and changed water flow characteristics
resulting from the activity are controlled so as to minimize pollution of receiving
waters. The requirements of this section are minimum standards and a person's
compliance with the same shall not relieve such person from the duty of enacting all
measures necessary to minimize pollution of receiving waters.
B. PERMIT REQUIRED
It shall be unlawful for any person to conduct any activity resulting in a total disturbed
area of at least'/2 acre, without first obtaining a stormwater quality permit from the Town.
Total disturbed area includes any land within a project that meets the definition of
"disturbed area," whether or not such parcels are contiguous. The Town may also
require a stormwater quality permit regardless of the size of the total disturbed area in
conjunction with approval of a final subdivision plat, conditional use permit, or
development plan. It shall be unlawful for any such person to fail to obtain a stormwater
quality permit. Issuance of a permit by the Town of Vail does not exempt the parties
from obtaining any permits required by the State of Colorado or the Federal Government.
Ordinance No. 3, Series of 2005 6
C. PERMIT APPLICATION
Persons required to obtain a stormwater quality permit shall complete and file with the
Town an application on a form prescribed by the Town, in accordance with the
requirements of this section with the building permit application prior to the beginning of
construction activities. In support of the application, the applicant shall submit all
information required on the Town's form and any additional information requested by the
Town. A separate application shall be required for each stormwater quality permit along
with plans,, specifications, and timing schedules for all earth disturbances. Where the
permittee fails to submit any relevant facts in a permit application or report to the Town,
the permittee shall promptly submit the relevant application information which was not
submitted or any additional information which was not submitted or any additional
information needed to correct any erroneous information previously submitted.
D. PROCEDURE FOR REVIEW OF APPLICATIONS
Unless otherwise stated in this regulation, the submission of an application for,
determination of the completeness of, staff review of, and notice and scheduling of
public hearings on all applications for storm water quality permits shall comply with the
procedures this subsection.
1. Initiation. Applications for a stormwater quality permit shall be submitted to the
Community Development Director and Town Engineer by the owner, or any other
person having a recognized interest in the land for which the development is
proposed, or their authorized agent.
a. Applicant is Not the Owner. If the applicant is.not the owner of the land,
or is a contract purchaser of the land, the applicant shall submit a letter
signed by the owner consenting to the submission of the application.
b. Applicant if Not the Sole Owner. If the applicant is not the sole owner of
the land; the applicant shall submit a letter signed by the other owners or
an association representing the owners consenting to or joining in the
application for a stormwater quality permit.
2. Minimum Contents of Application. The application shall be submitted in a form
established by the Town of Vail and made available to the public
a. Determination of Completeness. The Community Development Director
or Town Engineer shall determine if the application is complete and
includes data in sufficient detail to evaluate the application to determine
whether it complies with the appropriate substantive requirements of
these Water Quality Protection Standards.
b. Applicants' Identify. The applicant's name, mailing address, telephone
and fax number. If the applicant is to be represented by an agent, a
letter signed by the applicant granting power of attorney to the agent shall
be submitted, authorizing the agent to represent the applicant and stating
the representative's name, mailing address, telephone and fax number.
c. Legal Description. The legal description and street address, if such
exists, of the parcel on which stormwater quality controls are proposed to
~_ occur.
,~ d. Disclosure of Ownership. A disclosure of ownership of the property upon
which the stormwater quality permit is proposed to occur, listing the
names of all owners of the property, and all mortgages, judgments, liens,
Ordinance No. 3, Series of 2005 7
easement, contracts and agreements that run with the land. The
disclosure of ownership may be in the form of a current certificate from a
title insurance company, deed, ownership and encumbrance report,
attorney's opinion or other documentation acceptable to the Town
Attorney. .
e. Vicinity Map. An eight and one-half (8 '/z) inch by elevent (11) inch
vicinity map, locating the subject parcel within the Town of Vail.
f. Streamside zone setback delineation. A property which is shown to
include a stream and/or wetland shall be required to provide a survey or
dimensional site plan, drawn at an engineering scale of 1:20, showing
property lines, buildings and any points of reference from the streamside
zone setback to the Town of Vail.
g. Written Description. A written description of the .proposal and an
explanation in written, graphic or model form of how the proposed
development complies with the stormwater quality standards regulation.
h. Environmental Impact Report, when applicable.
i. Adjacent Property Owners. A list of all property owners, compiled by
the applicant using the most recent Eagle County tax rolls, is required for
ail applications and shall be submitted to the Community Development
Director as part of the application for development. In addition to
submitting a written list, the applicant shall also submit the addresses on
adhesive labels or in the form of pre-addressed envelopes.
j. Detemined Incomplete. If the Cammunity Development Director or Town
Engineer determines the application is incomplete, a written notice shall
be mailed to the applicant specifying the application's deficiencies. No
further action shall be taken on the application until the deficiencies are
remedied. If the applicant fails to correct the deficiencies within sixty (60)
calendar days, the application shall be considered withdrawn and
returned to the applicant. The applicant may appeal the Community
Development Director's determination to the Planning and Environmental
Commission (PEC) pursant to Section III (A) (1)of these Water Quality
Protection Standard Regulations.
E. PERMIT ISSUANCE/DENIAL
The Town shall have up to ten (10) working days after receipt of the complete application
to request additional information and/or deny the permit. Upon receipt of the corrective
information, the Town shall have an additional ten working days to issue or deny the
permit.
If a permit is denied, the applicant shall be notified of such in writing. The notification
shall set forth the grounds for denial and inform the applicant of what corrective actions
must be taken to obtain a permit. An applicant may appeal the denial in writing to the
PEC no later than thirty calendar days from the date of issuance denial. The appeal
must set forth the grounds for the appeal and include any documents in support of the
applicant's appeal. The PEC shall within thirty (30) calendar days of receipt of an appeal
rule on the matter based solely upon review of the application, denial, appeal, and all
documents related thereto. The parties shall receive written notice of the PEC's
decision.
Ordinance No. 3, Series of 2005 8
F. STORMWATER MANAGEMENT PLANS
A Stormwater Management Plan (SWMP) is required to be submitted with the
application and shall be prepared in accordance with all of the requirements of the most
recent SWMP guidance document prepared by the CDPHE and good engineering,
hydrologic and pollution control practices. Prior to commencement of construction
activities, the SWMP shall be implemented for the construction site covered by the
permit.
Signatory Requirements. All plans shall be signed and certified for accuracy by
the operator.
SWMP Review/Changes. The operator shall amend the plan whenever there is
a significant change in design, construction, operation, or maintenance, which
has a significant effect on the potential for discharge of pollutants to the MS4 or
receiving waters, or if the SWMP provides to be ineffective in achieving the
general objectives of controlling pollutants in stormwater discharges associated
with construction activities.
G. RESPONSIBILITY OF PERMITTEE
During construction activities the permittee shall be responsible for:
1. The prevention of damage to any public utilities or service within the limits or
grading and along any routes of travel of the equipment;
2. The prevention of damage to adjacent property (No person shall grade on land
so close to the property line as to endanger any adjoining public street, sidewalk,
alley, or any public or private property without supporting and protecting such
property from settling, cracking, or other damage which might result);
3. Carrying out the proposed work in accordance with the approved SWMP and in
compliance with all the requirements of the permit and this section;
4. The prompt removal of all soil, miscellaneous debris, materials applied, dumped,
or otherwise deposited on public streets, highways, sidewalks, or other pubic
thoroughfares or any other non-authorized offsite location, during transit to and
from the construction site, or otherwise, where such spillage constitutes a public
nuisance, trespass or hazard in the determination of the Town Engineer or a
Court of competent jurisdiction; and
5. In addition to the actual construction activities; the following types of activities
must be evaluated for the reasonable potential for contributing pollutants to
runoff: loading and unloading operations, outdoor storage activities; vehicle and
equipment maintenance and fueling; significant dust or particulate generating
processes; and on-site waste disposal practices.
H. GENERAL REQUIREMENTS
1. Stormwater discharges from construction activities shall not cause or threaten to
cause pollution, contamination or degradation of water of the State;
2. Based on an assessment of the potential of various sources at the site to
contribute pollutants to stormwater, the SWMP shall include a description of
reasonable and appropriate control measures that will be implemented at the
site;
3. All temporary erosion control facilities intended to control erosion and sediment
of any earth disturbance operation shall be installed before any construction ~
activities take place;
Ordinance No. 3, Series of 2005 9
4. The selection, design and installation of appropriate structural and nonstructural
BMPs must be done in accordance with the latest version of the Urban Drainage
and Flood Control District's Urban Storm Drainage Criteria Manuals (Vol. 3);
5. Any earth disturbance shall be conducted in such a manner so as to effectively
reduce accelerated soil erosion and resulting sedimentation.
6. All earth disturbances shall be designed, constructed and completed in such a
manner so that the exposed area of any disturbed land shall be limited to the
shortest possible period of time;
7. Sediment caused by accelerated soil erosion shall be minimized from ruraoff
water before it leaves the site of the disturbed area;
8. Any temporary or permanent facility .designed and constructed for the
conveyance of water around, through, or from the earth disturbance area shall
be designed to limit the water flow to anon-erosive velocity;
9. Construction site operators shall control waste such as but not limited to
discarded building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts to water
quality.
10. All discharges authorised by the Town shall be composed entirely of stormvvater
and discharges of material other than stormwater must be addressed in a
separate permit issued by the State of Colorado for that discharge:
11. Discharges exempt from discharge prohibitions [this area refers to an Illicit
Discharge Ordinance] that are combined with stormwater discharges associated
with construction activity are authorized;
a. Landscaping irrigation
b. Lawn watering
c. Diverted stream flows
d. Irrigation return flow
e. Rising ground waters
f. Uncontaminated ground water infiltration {as defined in 40 CFR
35.2005(20)}
g. Uncontaminated pumped ground water
h. Natural Springs
i. Flow from riparian habitats and wetlands
j. Water line flushing
k. Discharges from potable water sources
1. Foundation drains
m. Air conditioning condensation
n. Water from crawl space pumps
o. Footing drains
p. Individual residential car washing'
q. De-chlorinated swimming pool discharges
r. Street wash water
12. Concrete wash water shall not be discharged to the MS4 or waters of the State;
13. Off-site, vehicle tracking of sediments shall be minimized. Vehicle tracking on
Town streets shall not be allowed to enter the MS4 or waters of the State; all
streets shall be scrapped and cleaned by the end of each day;
14. The bypass of treatment facilities is generally prohibited;
15. Bulk storage structures for petroleum products ar~d other chemicals shall have
protection so as to contain all spills and prevent any spilled material from
entering the MS4 or waters of the State;
Ordinance No. 3, Series of 2005 1
16. No chemicals are to be added to the discharge unless the State of Colorado
grants permissions for the use of a specific chemical and documentation of
which is presented to the Town;
17. Solids, sludges or other pollutants removed in the course of treatment or control
of wastewaters shall be properly disposed of in a manner such as to prevent any
pollutant from such materials from entering waters of the States;
18. All wastes composed of building materials must be removed from the site for
disposal in licensed disposal facilities. No building material wastes or unused
building materials shall be buried, dumped, or discharged at the site;
19. All discharges must comply with the lawful requirements of the Town of Vail, and
other agencies regarding any discharges of stormwater to the MS4 or waters of
the State under their jurisdiction, including applicable requirements;
20. Temporary soil erosion control facilities shall be removed upon completion of all
construction activities final stabilization, and earth disturbance areas graded and
stabilized with permanent soil erosion control measures pursuant to the
standards and specifications prescribed in the latest revision of the stormwater
management plan guidance document prepared by the CDPHE and in
accordance with the permanent erosion control features shown on the SWMP
approved by the Town.
I. SITE INSPECTIONS
Inspections shall be completed on a form prescribed by the Town. [e.g., CDOT's
inspection form as a template].
1. Active Sites -For sites where construction has not been completed, the
permittee and/or operator shall make a thorough inspection of their SWMP at
least every 14 days and after any precipitationor snowmelt event that causes
surface erosion.
a. The construction site perimeter, disturbed areas and areas used for
material storage that are exposed to precipitation shall be inspected for
evidence of, or the potential for, pollutants entering the drainage system.
Erosion and sediment control measures identified in the SWMP shall be
observed to ensure that they are operating correctly.
b. Based on the results of the inspection, the description of potential
pollutant sources, and the pollution prevention and control measures that
are identified in the site's SWMP shall be revised and modified as
appropriate as soon as practicable after such inspection. Maintenance
and/or modifications to control measures shall be completed in timely
manner, but in no case more than 7 calendar days after the inspection.
c. The permittee and/or operator shall keep a record of inspections on the
project site at all times. Any incidence of non-compliance, such as
uncontrolled releases of mud or muddy water or measurable quantities of
sediment found off the site, shall be recorded with a brief explanation as
to the measures taken to prevent future violations, as well as any
measures taken to clean up the sediment that has left the site. After
adequate measures have been taken to correct any problems, or where
a report does not identify any incidents of non-compliance, the report
shall contain a signed certification indicating the site is in compliance.
This record shall be made available to the Town of Vail or State of
~ Colorado upon request.
2. Completed Sites -For sites where all construction activities are completed but
final stabilization has not been achieved due to a vegetative cover that has been
Ordinance No. 3, Series of 2005 11
planted but has not become established, the permittee and/or operator shall
make a thorough inspection of the SWMP at least once every month. When site
conditions make this schedule impractical, the permittee and/or operator may
petition the Town to grant an alternate inspection schedule. These inspections
must be conducted in accordance with subparagraphs a, b, and c of
subparagraph (1) above.
Winter Conditions- Inspections, as described above in subparagraphs a. and b.,
are not required at sites where snow cover exists over the entire site for an
extended period, and melting conditions do not exist. The exemption is
applicable only during the period where melting conditions do not exist. Regular
inspections, as described above, are required at.all other times.
REPORTING
No regular reporting requirements are included in this section; however, the Town
reserves the right to request that a copy of these inspection report be submitted.
K. FINAL STAE3ILIZATION
1. Final stabilization is reached ~~~hen all ;:oil disturbing activities at the~sile have
been completed, and uniform vegetation cover has been established with a
density of at least 70 percent ofpre-disturbance levels, or equivalent permanent,
physical erosion reduction methods have been employed. For purposes of this
requirement, establishment of a vegetative cover capable of providing erosion
control equivalent to pre-existing conditions at the site can be considered final
stabilization. The Town may, after consultation with the permittee and/or
operator and upon good cause, amend the final stabilization criteria for specific
operations.
2. Permanent soil erosion control measures for all slopes, channels, ditches, or any
disturbed land area shall be completed within fourteen (14) calendar days after
final grading or the final earth disturbance has been completed. When it is not
possible to permanently stabilize a disturbed area after an earth disturbance has
been completed or where significant earth disturbance activity ceases, temporary
soil erosion control measures shall be implemented within fourteen (14) calendar
days. All temporary soil erosion control measures shall be maintained until
permanent soil erosion measures are implemented.
L. RETENTION OF RECORDS
1. The permittee shall retain copies of the SWMP and all reports required by this
permit and records of all data used to complete the application to be covered by
this permit, for a period of at least three years from the date that the site is finally
stabilized;
2. The permittee shall retain a copy of the SWMP required by this permit at the
construction site from the date of project initiation to the date of final stabilization,
unless the Town approves another location, specified by the permittee.
M. CHANGE IN DISCHARGE
The permittee shall inform the Town Engineer within two weeks in writing of any intent to
significantly change the activities from those indicated in the permit application (this does
not include changes to the SWMP).. Upon request, the permittee shall furnish the Town
with such plans and specification, which the Town deems reasonable necessary to
evaluate the effect on the discharge and receiving water: The SWMP shall be updated
Ordinance No. 3, Series of 2005 12
within 30 days of the changes. Any discharge to the waters of the State from a point
source other than specifically authorized in this section is prohibited.
N. OPERATION AND MAINTENANCE REQUIREMENTS
The owner shall be responsible for the maintenance of all permanent quality measures
enacted pursuant to this chapter.. All temporary stormwater quality control measures
shall be removed after work on the site has been completed and the measures are
longer needed. Should any property owner fail to adequately maintain the permanent
stormwater quality measures or remove the temporary measures, the Town may, after
notifying the owner of the required maintenance and/or removal and the owner failing to
perform such maintenance and/or removal, enter the affected property and perform or
cause to be performed the required work and assess the charge for such work against
the property owner, in accordance with the procedure set forth in Section Q., 1., 2., 3.,
and 4., remedies for noncompliance.
O. TRANSFER OF PERMIT
When the responsibility for stormv~rater discharges ai a construction siie changes from
one owner to another, the permittee shall submit a completed Notice of Transfer and
Acceptance of Terirs of a stormwater Quality Permit Certification on a form prescribed
by the Town that is signed in accordance with subsection (D), (1) of this section. If the
ne~rr responsible party will not complete the transfer form the permit maybe inactivated
and the new owner shall obtain permit coverage separately.
P. INSPECTIONS AND RIGHT OF ENTRY
The permittee shall allow the Town Engineer and/or an authorized representative:
1. To enter upon the permittee's premises where a regulated facility or activity is
located or in which any records are required to be kept under the terms and
conditions of the permit;
2. At reasonable times to have access to and copy any records required to be kept
under the terms and conditions of this permit and to inspect any monitoring
equipment or monitoring method required in the permit; and
3. To enter upon the permittee's premises to investigate, within reason, any actual
suspected, or potential source of water pollution, or any violation of the Colorado
Water Quality Control Act. The investigation may include, but is not limited to the
following: sampling of any discharge and/or process waters, the taking of
photographs, interviewing permittee staff on alleged violations, and access to
any and all facilities or areas within the permittee's premises that may have any
effect on the discharge, permit or alleged violation.
Q. REMEDIES FOR NONCOMPLIANCE
1. Compliance orders. Whenever the Town determines that any activity is
occurring which is riot in compliance with a stormwater quality permit and/or the
requirements of this ordinance, the Town may issue a written noncompliance
order to such person or permittee. The person or permittee shall submit a
written compliance schedule to the Town Engineer with in five (5) days. The
schedule shall contain specific actions the permittee/operator must complete,
including dates for the completion of the actions. It shall be unlawful for any
person to fail to comply with any compliance order requirement.
2. Suspension and revocation of permit. The Town may suspend or revoke a
stormwater quality permit for violation of any provision of this section, violation of
Ordinance No. 3, Series of 2005 1 3
the permit, and/or misrepresentations by the permittee or the permittee's agents,
employees; or independent contractors.
3. Stop work orders. Whenever the Town determines that any activity is occurring
which is not in compliance with an approved permit and/or the requirements of
this ordinance, the Town may order such activity stopped upon service of written
notice upon the permittee and/or operator responsible for or conducting such
activity. Such permittee and/or operator shall immediately stop all activity until
authorized in writing by the Town to proceed. If the appropriate permittee and/or
operator cannot be located, the notice to stop~shall be posted in a conspicuous
place upon the area where the activity is occurring. The notice shall state the
nature of the violation. The notice shall not be removed until the violation has
been cured or authorization to remove the notice has been issued by the Town.
It shall be unlawful for any permittee and/or operator to fail to comply with a stop
work order.
4. Civil proceeding:,. Incase of any violation of any provision of this ordinance, or
any amendment thereof, the Town of Vail inay, at its discretion, initiate civil
proceedings, including injunction, mandamus, abatement, declaratoryjudgment
or other appropriate actions or proceedings, to prevent, enjoin, abate, remove, or
otherwise correct any such unlawful condition. Civil remedies provided for under
this section are not exclusive and shall not preclude prosecution for criminal
violations under the provisions of this section.
R. SECURITY REQUIREMENTS
As a condition for the issuance of a stormwater quality permit, applicants shall be
required to provide security in the form of cash escrow or an irrevocable letter of credit.
The amount of the security shall be based upon the estimated cost of the work required
to ensure compliance with the terms and conditions of the permit and requirements of
this section. In determining the cost of work, an administrative fee of 15% of the escrow
amount shall be included.
S. RELEASE OF SECURITY
The security shall be released when the permit has been inactivated upon the Town's
determination that the permittee has successfully completed all required work and met
all other requirements of this section.
T. ASSESSMENT
If the permittee does not successfully complete all required work or violates any
requirement of the permit or this section, the Town may take corrective measures and
charge the cost of such to the permittee. Such costs shall include the actual cost of any
work deemed necessary by the Town. If the total of such costs exceeds the security, the
permittee shall be responsible for payment of the remaining balance within thirty (30)
calendar days of receipt of an accounting of such from the Town.
U. ESTABLISHMENT OF FEES
The Town Council shall, by resolution, establish all fees and charges deemed necessary
by the Town to implement the requirements of this section.
V. VARIANCES AND EXCEPTIONS ~
No permits shall be required for the following: ~~
Ordinance No. 3, Series of 2005 14
1. Agricultural use of land zoned rural residential.
2. Grading or an excavation below finished grade for basements, footings, retaining
walls, or other structures on plots of less than half (1/2) acre in size unless
required otherwise under Section II (A) above. If groundwater is encountered,
the owner must contact the Town engineer and obtain a groundwater discharge
permit.
3. Sites smaller than one half (1/2) acre which are not part of a larger common plan
of development or sale and which constitute an infill of an established older
development within the Town.
4. Where the applicant's engineer or CPESC professional certifies in writing that
the planned work and the final structures or topographical changes will not result
in or contribute to soil erosion or sedimentation and tivill not interfere with any
existing drainage course in such a manner as to cause damage to any adjacent
property or result in the deposition of debris or sediment on any public way, will
not present any hazard 'to any persons or property and will have no detrimental
influence upon the public welfare or upon the total development of the
watershed.
5. Even though permits are not required under subsectio~a U. 1., 2., 3., and 4., of
this section, those operations and construction activities which are exempted
from obtaining permits must comply with the rules and regulations concerning
grading and erosion specified in This section, and shall provide appropriate
controls to retain soil erosion on the construction site.
W. NEW DEVELOPMENT AND REDEVELOPMENT STORMWATER QUALITY
REQUIREMENTS
New development and redevelopment projects that disturb at least '/2 acre of land,
including projects less than'h acre that are part of a larger common plan of development
or sale, or are within the riparian zone must address stormwater runoff quality through
the use of nonstructural and structural BMPs. Criteria for new development and
redevelopment planning, water quality protection and the selection and design of which
BMPs are adequate for specific developments can generally be determined using the
latest revision of the Urban Drainage and Flood Control District's Urban Storm Drainage
Criteria Manuals. BMPs selected must be designed and implemented according to
specifications. For purposes of design and selection of BMPs, the following additions
and changes are made to the latest revision of the Urban Drainage and Flood Control
District's Urban Storm Drainage Criteria Manuals:
1. Structural BMPs shall be located on private property. When so located, the BMP
shall be owned and operated by the owner of the property on which the facility is
located. As a condition of approval of the BMP, the property owner shall agree
to operate and maintain the BMP to its design capacity unless or until the Town
shall relieve the property owner of that responsibility in writing. The obligation to
maintain the BMP shall be memorialized on the subdivision or annexation plat or
in a form acceptable to the Town and shall be recorded in the Office of the Eagle
County Clerk and Recorder.
2. Manufactured devices such as stormwater quality vaults are acceptable under
the following conditions:
~. The paved area served by the device shall be no greater than three
acres..
b. There shall be paved access to such devices at a minimum of five feet in
. distance between the pavement and the maintenance hatch to the vault.
Ordinance No. 3, Series of 2005 1 rJ
The paved access shall be designed for large vehicles as approved by
the Town engineer.
c. Salts, metals, pesticides, organic solvents, fertilizers and other water-
soluble materials shall be stored in areas served by the water quality
vaults.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect 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 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5. The amendment of any provision of the 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 6. 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.
Ordinance No. 3, Series of 2005 1 6
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1 St day of February, 2005, and a public
hearing for second reading of this Ordinance set for the 15th day of February, 2005, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15`h day of
February, 2005.
ATTEST:
Rodney E. Slifer, Mayor
Lorelei Donaldson, Town Clerk
Ordinance No. 3, Series of 2005 1 7
Attachment B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 8, 2004
SUBJECT: A request for a recommendation to the Vail Town Council of proposed
text amendments to Section 12-11-4 NPDES, Section 12-11-6 Erosion
Control, and Section 12-14-17 Setback from Water-Course, Vail Town
Code, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Bill Carlson, Environraaental Health Officer
I. DESCRIPTION Or THT REQUEST
The purpose of this memorandum is to 1) provide the Planning and Environmental
Commission' with a summary of the Town of Vail's. recommendation to repeal and/or
delete various Sections in Title 12; 2) propose an amendment through the adoption of a
new Section Six (6) Grading Standards of the Town of Vail Development Standards
~= Handbook; and 3) adoption of a new Section 12-11-6 relating to erosion control and
stormwater quality; and 4) propose a problem statement which articulates the need for
updating, combining and revising the necessary elements of the construction site erosion
control requirements.
II. BACKGROUND
The Federal Clean Water Act requires that stormwater discharge facilities be authorized
under stormwater discharge permits (40 CFR 122.26). The goal of the stormwater
permits is to.reduce the amount of pollutants entering streams, lakes and rivers as a result
of runoff from residential, commercial and industrial areas. The original 1990 regulation
(Phase I) covered municipal storm sewer systems for municipalities over 100,000
population. The regulation was expanded in 1999 to include smaller municipalities as
well, referred to as Phase II.
In Colorado, stormwater discharge permits are issued by the Colorado Department of
Public Health and Envirorvnent (CDPFIE), Water Quality Control Division. Such
permits are part of the Colorado Discharge Permit System. The Phase II municipal
separate stormwater sewer systems (MS4s) will be covered under a general permit for
stormwater discharge from MS4s. The main requirement of this permit will be for MS4
operators to develop, and implement six stormwater management programs, or minimum
measures. These measures are described as follows:
1. Public education and outreach ~
2. Public participation/involvement ~~ ~
3. Illicit discharge detection and elimination
4. Construction site stormwater runoff control
5. Post-construction storm water management
6. Pollution pl•eventiop/good housekeeping for municipal operations
In short, the. pe.rmittee (TOV) must develop prograii~s that meet the requirements of the
six minimum measures and protect the state waters from pollution, contamination, and/or
degradation.
CDPHE will notify all municipalities in Colorado that will be regulated as a Phase lI .
MS4 operator: CD.PHE has indicated the Town of Vail will be evaluated after the next
census (2010) for pernitting purposes. At that time, the Town's stormwater program
description must be clear enough for the State to determine the Towns general strategy
for complying with each of the six minimum measures. This should include an indication
of which of the program elements the Town intends to utilize, and to what degree
particular measures will be stressed. For example, for the construction pro~~ram
minirlnun measures, the Town will require an extensive site inspection and permit
pro;~ram be utilized, relying heavily on inspections, education of contractors (outside of
what occurs during inspections) will be minimum requirements.
III. DL+'SCRI:PTION Or TF1T REQUEST .
On behalf of the Town of Vail through the Environmental health Department,
Community Development is requesting a text amendment to Section 12 of Town of Vail
Code Zoning Ordinance and Section Six (6) of the Development Standards Handbook for
the following reasons:
• Land development projects and associated increases in impervious cover alter the
hydrologic response of local wstersheds and increase stormwater runoff rates and
volumes, flooding, stream channel erosion, and sediment transport and deposition;
and
_ .... stormwater nmoff contributes to increased quantities of water-borne pollutants, and
stormwater runoff, soil erosion and non point source pollution can be controlled and
minimized through the regulation or erosion control and stormwater quality
associated with construction activities; and
• The EPA has: promulgated regulations pursuant to Phase II of the National .Pollutant
Discharge Elimination System as part of the Clean Water Act, and has required the
implementation of a stormwater quality ordinance in order to meet requirements of
the stormwater discharge permit issued by the. State of Colorado; and
• Soil erosion and stream channel erosion make necessary costly repairs to gullies, .
washed out fills, roads and embankments, and the resulting sediment clogs storm
sewers and road ditches, leaves, deposits of silt in streams, and is considered a
signif cant water pollutant associated with stormwater nulott; and
• .Regulations limiting soil erosion and stream channel erosion are in the public interest
. and will prevent threats to public health and safety; and
•. A public hearing has heretofore been held before the Vail Town Couucil,.and the
Council has determined, subsequent to said public hearing that the implementation of
the reconnnended policies and changes in the Town Codetdealing with erosion
control and stormwater quality would be in the best interests of the citizens of the
Town of Vail. ~ t
IV. DISCUSSION ITEMS
Staff is requesting that the Planning and Environmental Commission evaluate the
following proposed amendments to Section 12 of the Town Code and Development
Standards'Handbook:
The following is a summary of the Section 12 policy amendments recommended by staff:
12-14-17: SETBACK FROM WATERCOURSE
The existing minimum setback from a creek or stream is thirty feet (30') from the center
of the established creek or stream channel as defined by the town comprehensive plan.
base maps; provided, however, that the setback from Gore Creek shall by fifty feet (50')
from the center of the creek.
Staff recommends amending the Town of Vail Development Standards Handbook and
Section 12-14-17 of the Town Code with Section III B(1) of the proposed Water Quality
Standards Ordinance which def nes Slreain Setback Zo/ze Requr.'/•ements as:
The stream side zone will begin at the Ordinary High 1d~ate/• Mark and extend a
lnlllll7ll[l/1 Of ZS IIlteal' feet ativay from the sb•emlcside zone. L7 areas where there
are cujacent wetland areas that are attached to the stream. channel, and
additiona110 linear feet, as measured font t1~e outer edge of the
riparian/wetly/Td m•ea shall be included in. the sU•eam side zone. Where /zo
Ordilcary High Water Mark is discenaable, the top of the bmzk shall be used in its
place.
12-11-6-E (3): EROSION CONTROL
The code section addressing erosion control requires straw. bales to be used for temporary .-._-,.~...,.~.~-,-~-.
control measures and jute netting used for permanent slope stabilization. The use of
straw bales as a stormwater erosion and sediment control best management practice is
ineffective in a steep sloped mountain environment..
Staff recommends repealing this section of the Town Code. Section II E, in the proposed
Water Quality Standards Ordinance requires Storniivater Mm~agement Plans.
A Stormwafer Malcagement Plan (SWMP) is required to be salbmitted with the
applicatiol7 clad shall be prepared in accordalzce ia~itlc all the regtciremen.ts of the
most recent SGT'MP gur'dance document prepared by the CDPHE and good
engineering, hydrologic marl pollution control practices. Prior to conu/Ze/7.cement
of col7~strclctiora activities, the SWMP shall. be irnplem~ented for the const/•clctio/a
site covered.by t1~.e permit.
12-11-4-J: NPDES PERNIIT
~ This code section requires an approved national pollutant discharge elimination system
,~ permit for stormwater discharges to surface waters resulting from developments to
surface waters resulting from developments draining two (2) or more acres. In lieu of .
such a permit, the section allows die developer of an area of two (2) or more acres to
present a "no discharge" stormwater drainage plan, which may include such measures or
detention ponds, high curbs, and infiltration galleries. The section also requires the
~, department of community development to establish and maintain a list of such "no
discharge" measures. .
Section II (A),~of the proposed YVater Oucllity Stcuadnrds Ordinance requires any person
corulucting an activity resulting ira a total dislen-bed area of at !cost '/_~ acre, to obtain an
stormivater qucllily permit from the Tviam of T~cil. Total disturbed m•ea includes clay land
tiwithin a project that meets t12e defulltlon Of "disturbed area ", ~•vhetlaer or riot such
parcels are contiguoll•s. The Town naa}% also require a stvrnal•vaier quality permit
regardless of the sic of tyre total disturbed area irl corajcuactiora with approval of a final
slrbdivis•iaa plcr.t, coladitional Ilse perrrrit, or development playa. It is Llnlcltiafill for arty
persvrt to fail to obtaua a stormwater clcrality permit. Issluuace of cl permit by the Tolvra
does not e.tienlpt the parties from obtaining any permits required by the State oj~Colorado
or the Federal Government.
Section Six (6) Grading Standards of the Town of Vail Development Standards
ITandbook:
This section of the current development standards under Erosion Control requires all sites
with disturbances to provide control measures using best management practices for sites
greater than one (1) acre or sites with total disturbance «reater than %z acres must provide
an erosion control plan prepared by a registered Colorado Professional Engineer.
Section II (.~) of•the proposed Water Quality Standards Ordiraaiace requires a stornawater
duality pernar.'t. iricorpa•atirrg a SGhA7P in accordance tivith CDPHE hest na.anagemer7t
practice guidance standards for any site distlu-bing an area of at least %z acre.
V. ATTACIIIVI_I~NTS
Attachment: Proposed Water Quality Protection Standards Ordinance Draft
IV. ROLES OF REVIEWING BODIES
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for
forwarding a recommendation of approval/approval with conditions/denial to
the Town Council of a text amendment.
The Planning & Environmental Commission shall consider the following
factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals, objectives,
and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and
4
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives; and
5. Such other factors and criteria the Commission deems applicable to the
proposed text amendment.
Desiqn Review. Board:
Action: The Design Review Board has NO review authority of a text amendment
or conditional use permit, but must review any accompanying Design Review
application.
Town Council:
Actions of Design Review Board or Planning 'and Environmental Commission
may be appealed to the Town Council or by the~Town Council. Town Council
evaluates whether or not the Design Review Board or Planning and
Environmental Commission erred with approvals or denials and can uphold,
uphold with modifications, or overturn the board's decision.
The Town Council is responsible for final approval/approval with
conditions/denial of a text amendment.
The Town Council shall consider the following factors with respect to the
requested text amendment:
• 1. The extent to which the text amendment furthers the general and specific
purposes of the Zoning Regulations; and
2. The extent to which the text amendment would better implement and
better achieve the applicable elements of the adopted goals, objectives,
and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
3. The extent to which the text amendment demonstrates how conditions
have substantially changed since the adoption of the subject regulation
and how the existing regulation is no longer appropriate or is inapplicable;
and
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations consistent
with municipal development objectives.
5. Such other factors and criteria the Commission and/or Council deem
applicable to the proposed text amendment.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided
and plans conform to the technical requirements of the Zoning Regulations. The
staff also advises the applicant as to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides
a staff evaluation of the project with respect to the required criteria and findings,
and a recommendation on approval, approval with conditions, or denial. Staff ~
~, also facilitates the review process.
V1. CRITERIA AND FINDINGS
The review criteria and factors for consideration for a request of a text
amendment are established in accordance with the provisions of Section 12-11-4
NPDES, Section 12-11-6 Erosion Control, and Section 12-14-17 Setback from
Water-Course, Vail Town Code. -
A. Consideration of Factors Reqardinq the Text Amendment:
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and
Staff believes the proposed text amendments are consistent with the
general and specific purposes of the Zoning Regulations noted in Section
V of this memorandum. Specifically related to Section 12-14-17 Setback
from Water-Course, Section 12-11-4 Sec J, NPDES Permits, and Section
12-11-6 Sec E (3), Erosion Control, Vail Town Code.
2. The extent to which the text amendment would better implement
-and better achieve the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail Comprehensive Plan
and is compatible with the development objectives of the Town; and
Since the current zoning regulations do not specifically address Federal
Clean Water Act stormwater discharge management requirements, staff
believes the proposed text amendments address an issue not
contemplated with the initial adoption of the zoning regulations.
Therefore, staff believe that the proposed text amendments better
implement the goals, objectives, and policies of the.Comprehensive Plan
and are compatible with the development objectives of the Town.
3. The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
Since the current zoning regulations do not specifically define nor address
the Federal Clean Water Act, Phase II municipal separate stormwater
sewer system (MS4) requirements covered under a general permit for
stormwater discharge from MS4s; Staff believes the proposed text
amendments address an issue not contemplated with the initial adoption
of the zoning regulations.
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use .regulations
consistent with municipal development objectives. ,~
Staff believes the proposed text amendments will better regulate the
discharge of sediment from construction site activities which may cause
stormwater contamination to Gore Creek.
5. Such other factors and criteria the Commission and/or Council
.deem applicable to the proposed text amendment.
B. The Planning and Environmental Commission shall make the following
findings before forwarding' a recommendation of approval for of a text
amendment:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the
Zoning Regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality.
VII.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval to the.Vail
Town Council for the proposed text amendments to the following Zoning
Regulations, Vail Town Code, Section 12-14-17, Setback from Water-Course;
Section 12-11-4. Sec J, NPDES Permit; Section 12-11-6 Sec E(3), Erosion
Control, and setting forth details in regard thereto.
Staff's recommendation is based upon the review of the criteria in Section VI of
this memorandum and the evidence and testimony presented, subject to the
following findings:
That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town, and
2. That the amendment furthers the general and specific purposes of the
Zoning Regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances
pits natural environment and its established character as a resort and
residential community of the highest quality.
7
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: February 1, 2005
SUBJECT: Ordinance No. 4, Series of 2005, an ordinance repealing and reenacting
Chapter 10-1, Building Codes, Vail Town Code; adopting by reference the
2003 Editions of the International Building Code, International Residential
Code, International Fire Code, International Mechanical Code,
International Plumbing Code, International Fuel Gas Code, International
Energy Conservation Code; 2002 Edition of the National Electrical Code;
and with regard to the above-described codes, adopting certain
appendices, setting forth certain amendments thereto, and setting for
details in regard thereto.
Applicant: Town of Vail
Planner: Charlie Davis, Chief Building Official
DESCRIPTION OF THE REQUEST
The Town of Vail Building Safety and Inspection~Team, in association with the
Town of Vail Fire Department and the Town of Vail Building and Fire Code Board
of Appeals, is requesting and recommending approval of Ordinance No. 4, Series
of 2005, to allow for the adoption of the following model International Codes (as
published by the International Code Council):
• 2003 International Building Code
• 2003 International Residential Code
• 2003 International Fire Code
• 2003 International Mechanical Code
• 2003 International Plumbing Code
• 2003 International Energy Conservation Code
• 2002 National Electrical Code (as published by the National Fire
Protection Association, Inc.) .
II. BACKGROUND
Since the 1990's, there has been acountry-wide movement to create a single
model building code for the United States. Previously, there were three separate
codes regulating construction across the country. The Uniform Building Code
(UBC), published. by the International Conference of Building Officials (ICBO),
generally regulated the western United States (including Colorado); the National
Building Code, published by the Building Officials and Code Administration
International, Inc. (BOCA), generally regulated the northeastern United States;
and the Southern Building Code, published by the Southern Building Code
Congress (SBCCI), generally regulated the southeastern United States.
1
Although these three model codes were similar, they fostered a lack of
consistency and uniformity in the regulation of minimum life/safety requirements
for construction across the country. Designers, contractors, and manufacturers
were required to determine which code would be applicable to their project,
based upon which region of the country and jurisdiction the project was located.
This created an environment of inconsistent code enforcement from one part of
the country to another.
In 1994, the three model code publishing organizations began collaborating to
create one common building code format. The outcome of this was the creation
of a single organization, the International Code Council (ICC), and the publishing
of the 2000 International Building Code. This philosophy of a ,single set of
comprehensive, coordinated and contemporary codes enhances the protection of
the public health and life/safety for consumers by creating ~!niform construction
standards which allow for consistent code enforcement.
These International Codes are being adopted, or have already been adopted, in
jurisdictions across the United States, throughout Colorado, and throughout
Eagle County.
The International Codes may appear to be a one-size fits all approach to
construction design and regulation. There are allowances built into the code that
takes into account geographic locations throughout the country. For example,
seismic design and activity (earthquake resistant construction) is addressed in
the 2003 editions of the building code by recognizing certain areas of the country
are more prone to seismic activity. The west coast has had catastrophic events
associated with earthquakes in the past. Colorado and specifically the Vail area,
has not had the same history as the west coast. The building code recognizes
differences in geographic location and has provided the user with tables
determining seismic design based on where the code will be employed for
design. These tables are then used to deterrriine how the design professional is
required to design a building based on the seismic activity and location of the
building. The International Codes has built into itself many other elements of
requirements based on geographic location that allow the user to address
elements of design based on geographic location.
The Town of Vail Building Safety and Inspection Team, in association with the
Town of Vail Fire Department, is requesting and recommending the Town of Vail
adopt the most recent edition of these International Codes. The Town of Vail
Building and Fire Code Board of Appeals are forwarding its recommendation of
approval to the Town Council for the proposed adopting ordinance (see
Attachment A). Additionally, the Colorado Chapter of the American Institute of
Architects has also given its support for Vail's proposed adoption of the
International Codes (see Attachment B).
DISCUSSION ITEMS
,\
Positive Impacts
• One Code Family: Since 2000, only one model code has been
2
published in the United States. The Town of Vail's currently adopted
1997 Uniform Building Code (UBC) set of codes has been
discontinued. There are no other alternatives for the Town of Vail to
adopt another model building code.
Consistency: The other jurisdictions in the county, including the Town
of Avon, Town of Eagle, the Town of Gypsum, and Eagle County, are
intending to, or already have, adopt the 2003 Edition of the
International Codes. This will create more consistent regulation and
code enforcement within Eagle County. This will also encourage a
more consistent understanding of minimum life/safety requirements
for developers, designers, and contractors working within the Town of
Vail and Eagle County:
Existing Building Conformance: The Town of Vail's cun-ertly adopted
1997 Uniform Building Code (UBC) set of codes was the most
restrictive of the three former model building codes in regard to
allowable "types of construction" based upon building areas and
heights. The merging of the three former model codes into the
International Codes, have increased the allowable calculations for
building area (sq.ft.) and building height (number of stories) in relation
to the required types of construction (combustible and non-
combustible). These changes will allow more or` Vail's existing, non-
conforming buildings to become code compliant through minor
alterations, rather than through demolition and replacement.
Flexibility: The 2003 Edition of the International Codes provide
designers and architects more flexibility when designing new projects
compared to the 1997. Uniform Building Code. 'The International
Codes allow for more approaches to achieving fire/safety and
occupant (i.e. building user) protection. The 1997 Uniform Building
Code had only one approach which was to compartmentalize and
separate portions of a building with fire-resistive assemblies, and only
minor consideration was given to the installation of a fire-suppression-
system (i.e. sprinklers). The International Codes will allow designers
to use the same methods of design, but will also offer an opportunity
to use alternative methods to obtain an equivalent degree of
protection. The International Codes recognizes aperformance-based
building design approach if an architect so desires.
Economic Impacts: Because of the flexibility incorporated into the
International Codes, a project desigrier will be able to reduce
construction costs by having the ability to construct a larger building
with a lesser "type of construction", while still achieving the same level
of safety. The International Codes recognize the installation of fire-
suppression-systems as a means of protection for fire safety, thus
allowing for less fire-resistive-construction that reduces the
construction redundancies required by the 1997 Uniform Building
Code. This will also reduce construction costs for large commercial
projects without affecting the level of safety and protection.
3
Negative Impacts
• Implementation: The International Codes are a new approach to
construction regulation and code enforcement. There will be an
adjustment period and additional training required for designers,
contractors, and Town Staff to become accustomed to the new codes.
Amendments: The International Codes are divided into several volumes
that are designed to work together; therefore, one volume can not be
excluded without amending the other volumes with substitute provisions.
Energy Conservation Code: ft is th:. ~~own of Vail Building Safety Ur~d
Inspection Team's intent to adopt the 'snternational Energy Conservation
Code; however, the Town is not adequately staffed to accommodate full
implementation of this portion of the code and the burden of proof will be
with the Building Permit applicant to show compliance with the Energy
Conservation Code.
IV. STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
approves Ordinance No. 4, Series of 2005, an first reading, to repeal and
reenact Chapter 10-1, Building Codes, Vail Town Code; adopting by reference
the 2003 Editions of the International Building Code, International Residential
Code, International Fire Code, International Mechanical Code, International
Plumbing .Code, International Fuel Gas Code, International Energy Conservation
Code; 2002 Edition of the National Electrical Code; and with regard to the above-
described codes, adopting certain appendices, setting forth certain amendments
thereto, and setting for details in regard thereto.
Should the Town Council choose to approve Ordinance No. 4, Series of 2005, on
first reading, the Community Development Department recommends the Town
Council makes the following finding:
The amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances
its natural environment and its established character as a resort and
residential community of the highest quality:
2. The amendments further the development objectives of the Town of
Vail.
V. ATTACHMENTS
Attachment A: Town of Vail Building and Fire Code Board of Appeals letter
Attachment B: Colorado American Institute of Architects letter
Attachment C: Ordinance No. 4, Series of 2005
4
Attachment: A
TO OF VAIN
,~
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
FAX 970-479-2452
www vailgov. com
January 24, 2005
To: Vail Town Council
From: Building and Fire Code Board of Appeals
Re: Adoption of Ordinance 4, Series of 2005
Dear Esteemed Council Members,
We the Building and Fire Code Board of Appeals members have reviewed, provided
input and recommend support to adopt the ordinance referenced above. In the interest of
consistency and safety of the Town of Vail's constituents, we recommend adopting the
latest set of construction codes as amended in Ordinance 4, Series of 2005.
Respec fu.Ily,
~~....-
Mark .Mueller
-----y~
Kyle H Webb
>~> -_..
Thomas RDubois
Richard Seth
~~
Timothy Losa
a0 RECYCLED PIPER
AIA C o l o ra d o Attachment: B
The American Institute of Architects
July 7, 2004
® Mr. Charlie Davis
~~~~~
-.~"', 0 Chief Building Official
T
f V
il
~~~= own o
a
°
® 75 South Frontage Road
o a®0 ®
3 Vail, Colorado 81657
Dear Mr. Davis:
21NSS 130ARI) OFllIRl:C.1'OILS
Pt'esiclent The AIA Colorado Board of Directors strongly supports the adoption of the International Codes as an intact
Christopher J. Green, Aln body of codes throughout the state.
President-Elect
John Yonusl,cwsl:i, AIA We support this move toward a single national body of codes not only because of the content of the
'lYe:tsnt'cr
Ch
i G International Codes, but also because of the ali nment of codes across urisdictions is an im ortant
9 1 P
er
crou, AIA improvement for the construction industry.
Treasurer-L'Icct
Burette Lmerson, AIA
The I-Codes incorporate:
Sccret:u'v
\\'illiam llcno, FASA L'n,crit»s • Proven best practices from across the country into a single source;
Pnst-President
Willi
'
' • Economic benefit states and munici alities usin the I-codes because the are com atible with
p g Y p
am 13.
[
racy,AIA surrounding jurisdictions; and
Director, AIA Denver
nrcnael J.,r~k~,n1A
• Maximum administrative efficiencies because the International codes are fully integrated and
Director, AIA Colorado Noah compatible one with the other thus making enforcement and governance simpler.
Charlotte Grojca»,AIA
Director, AIA cnlor;tdo son,,, Adoption of a single body of codes throughout the state will make working across jurisdictional lines more
Jin, -~:,~»5~,.,,\IA expedient and less confusing for design professionals, builders
subcontractors
suppliers
and
Dircctoi-,AIA Colorado West ,
,
,
manufacturers.
Jim ISuckneq AIA
Associate Director The comprehensive set of I-Codes cross-reference each other and as such makes their use more effective
Sfepl",nie ltidg"",'' As"`. Ala by construction professionals and building departments alike.
Professiunal Affiliate Director
's:,l,elle "t"""""' I>e' The adoption of the International Codes has strong public support as demonstrated by the adoption of the I-
Public Director codes in their entirety by the City of Denver and private sector support and the support of our Board. AIA
' Colorado strongly urges you to consider the adoption of this code set for use in the Town of Vail.
University Director
Mark Gclernlcr, Assoc. rUA
Student Director
Adam 13. 11'righl, SA, AIRS $I rely,
Ex-Olticios
Sherri hlughes-Smith ~~~~~~••
Sonia Q. Ki~;~ Christopher J. G en, IA
President, AIA Color do
.,
One Park Central
1515 Arapahoe Street, Suite 110
Denver, CO 80202
303/4~3(i-2266
800/623-5593
Fax:303/d46-0066
Attachment: C
ORDINANCE NO.4
SERIES OF 2005
AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING CODES, VAIL
TOWN CODE; ADOPTING BY REFERENCE THE 2003 EDITIONS OF THE INTERNATIONAL
BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, . INTERNATIONAL.FIRE CODE,
INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL
FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE; 2002 EDITION OF THE
NATIONAL ELECTRICAL CODE; AND WITH REGARD TO THE ABOVE-DESCRI3ED CODES,
ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS "THERETO,
AND SETTING FOR DETAILS IN REGARD THERETO.
WHEREAS, publication of the 1997 Ui ~iform Euilding Code (UBC), as a.in-entiy adopted by
the Town of Vail, has been discontinued; and
WHEREAS, the 2003 Editions of the International Building Code (IBC), the International
Residential. Code (IRC), the International Fire Code (IFC); the International Mechanical Code
(IMC); the International Plumbing Code (IPC); the International Fuel Gas Code (IFGC); the
International Energy Conservation Code (IECC) and the 2002 Edition of the National Electric Code
(NEC) have been published; and
WHEREAS, the Building and Fire Code Board of Appeals of the Town of Vail has
recommended adoption of the International Codes, asset forth in this ordinance, and has submitted
its recommendation to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the proposed amendments further the
development objectives of the Town of Vail; and
WHEREAS, the Vail Town Council finds that the amendments promote the health, safety,
morals, and general welfare of the Town and promote the coordinated and harmonious development
of the Town in a manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
c
1
Section 1. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and
reenacted to read as follows:
CHAPTER 1
BUILDING CODES
SECTION:
10-1-1 :. Preamble
10-1-2: Codes Adopted By Reference
10-1-3: Amendments to International Building Code
10-1-4: Amendments to International Residential Code
10-1-5: Amendments to International Fire Code
10-1-6: Amendments to International Mzchanical Code
10-1-7: Amendments to International Plumbing Code
10-1-8: Amendments to International Fuel Gas Code
10-1-9: Amendments to National Electrical Code
10-1-10: Copies of Codes Available
10-1-11: Penalties
10-1-1: PREAMBLE:
The Charter of the Town of Vail and the statutes of the State of Colorado provide
that standard codes may be adopted by reference with amendments; and the Town
of Vail wishes to adopt the 2003 editions of the International Building Code, the
International Residential Code, the International Fire Code, the International
Mechanical Code, the International Plumbing Code, the International Fuel Gas Code,
the International Energy Conservation Code, and the 2002 edition of the National
Electric Code.
10-1-2: CODES ADOPTED BY REFERENCE:
A. Building Code: The International Building Code, 2003 edition, including
Appendix Chapter J and the International Residential Code, 2003 edition,
including Appendix G, is hereby adopted by reference. The International Building
Code, 2003 edition and the International Residential Code, 2003 edition, is
published by the International Code Council, 4051 West Flossmoor Road,
Country Club Hills, II 60478-5795
B. Fire Code: The International Fire Code, 2003 edition, is hereby adopted by
reference. The International Fire Code, 2003 edition, is published bythe International
Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795.
C. Mechanical Code: The International Mechanical Code, 2003 edition, including
Appendix A, is hereby adopted by reference. The International Mechanical Code,
2003 edition, is published by the International Code Council, 4051 West
Flossmoor Road, Country Club Hills, II 60478-5795.
D. Plumbing Code: The International Plumbing Code, 2003 edition, is hereby
adopted by reference. The International Plumbing Code, 2003 edition, is published
2
by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II
60478-5795.
E. International Fuel Gas Code: The International Fuel Gas Code, 2003 edition, is
hereby adopted by reference. The International Fuel Gas Code, 2003 edition, is
published by the International Code Council, 4051 Flossmoor Road, Country Club
Hills, II 60478-5795.
F.. Energy Code. The International Energy Conservation Code, 2003. edition, is
hereby adopted by reference. The International Energy Conservation Code, 2003
edition, is published by the International Code Council, 4051 Flossmoor Road,
Country Club Hills.
G. Electrical Code: The National Electrical Code, 2002 edition, is hereby adopted
by reference. The National Electrical Code is published bythe National Fire
Protection Association Inc., One Batter~rnarch Park, Quincy, Ma 02269.
10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE:
The following amendments are hereby made to the International Building Code,
2003 edition:
SECTION 101.4 -REFERENCED CODES: Section 101.4, Referenced Codes, is
hereby amended as follows: The other codes listed in 101.4.1 through 101.4.7 and
referenced elsewhere in this code shall not be considered part of this code, unless
specifically adopted.
SECTION 105.1.1 -ANNUAL PERMIT: Delete section in its entirety.
SECTION 105.2 -WORK EXEMPT FROM PERMIT: Section 105.2, Work
exempt from permit, is herebyamended as follows:
Item 6: Decks, patios, sidewalks and driveways not more than 30 inches above
grade and not over any basement or storage below and which are not part of an
accessible route.
Item 11: Swings and other playground equipment.
SECTION 108.2 -SCHEDULE OF PERMIT FEES: Section 108.2, Schedule of
permit fees, is amended as follows: The construction fee schedule for the Town
of Vail shall be on file and maintained in the office of the Community
Development Department.
SECTION 108.3 -BUILDING PERMIT VALUATION: Section 108.3, Building
permit valuation, is hereby amended as follows: The valuation of building permits
in the Town of Vail shall be based on the most recent cost figures, per square
foot as shown in the International Building Safety Journal published by the
International Code Council, a copy of which shall be on file in the Department of
Community Development of the Town of Vail. All construction shall be deemed
"good" with the following modifiers, or on the actual cost of construction,
whichever is greater.
3
CONSTRUCTION ZONES
Modifiers
Zone & Title $ Per Sg. Ft. Identification
ZONE #7
1. Matterhorn 1.0 Matterhorn Village, Vail Village West 1st & 2nd, Donovan Pk.,
West Vail exit to Coldstream south of freeway.
1. Intermountain 1.0 From West Vail exit west on south side of freeway.
1. West Vail 1.0 Vail Ridge, Vail Das Schone 1st, 2nd, & 3rd, Vail Heights,
Buffer Creek Rd. west on north side of freeway.
ZONE #2
2. East Vail 1.2 East of East Vail exit. Includes all Bighorn Subs., Pitkin Creek
Meadows, Gore Creek Sub., and Vail Meadows.
2. The Valley 1.2 Lions Ridge 3rd & upper sections of upper sections of Lions
Ridge 4th, Casolar, The Valley, Cliffside.
2. Lions Ridge. 1.2 Part of Lions Ridge 1st and 2nd East Buffer Cr. Rd. to Vail
View.
2. Sandstone 1.2 East of Vail View Dr., ABC School Dr., including Vail Run.
ZONE #3
3. Potato Patch 1.7 From Potato Patch Club north.
3. Booth Creek 1.7 Vail Village 11th, 12th, & 13th, Vail Mtn. School, Booth Creek
area both north &, south of freeway.
3. Golf Course 1.7 Vail Valley 1st, 3rd & 4th, Vail Village 7th, 8th, & 9th,
Northwoods and Pinos del Norte.
3. Village Area 1.7 Vail Village 1st, 4th, & 5th. East of Vail Road to Gold Park.
3. Glen Lyon 1.7 Glen Lyon Sub. & Cascade Village up S. Frontage Road to
V.A. Maint. Shop.
3. Lionshead 1.7 Vail Village 2nd, Vail Lionshead 1st, 3rd, 4th & part of 2nd.
Lionshead parking structure to West Day lot.
ZONE #4
4. West Meadow 2.6 Vail Village 3rd & 6th. Part of Vail Beaver Dam Area
Lionshead 2nd, TOV Offices to residences adjacent to Vail
Mountain.
4. Spraddle Creek 2.6 North of Freeway to new subdivision.
SECTION 110- CERTIFICATE OF OCCUPANCY: Section 110.1, Use and
occupancy, is hereby amended as follows: No building or structure shall be used
or occupied, and no change in the e~asting occupancy classification of a building
or structure or portion thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided herein. Exception: Additions,
alterations or repairs to e~asting Group R, Division 3 and Group U Occupancies.
Issuance of a certificate of occupancy shall not be construed as an approval of a
4
violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel the provisions of this
code or other ordinances of the jurisdiction shall not be valid.
SECTION 1025 -EMERGENCY ESCAPE AND RESCUE: Section 1025.1, General,
is hereby amended as follows: Exception 1 & 4, delete in their entirety,
SECTION 1608 -SNOW LOADS: Section 1608.2, Ground snow loads, is hereby
amended as follows: Designs for roof snow loads shall be as follows: Roof pitches of
less than a 4:12, shall be designed to carry a 100 pound per square foot (psf) snow
load and roof pitches of 4:12 and greater shall be designed to carry an 80 pound per
square foot (psf) snow load. There is no allowance for pitch reduction nor is there a
requirement to increase loading due to wind, valleys or type of roof covering. Any
modification for snow load design shall be accomplished using section 104.11.
SECTION 3403.1- EXISTING BUILDINGS OR STRUCTURES: Section 3403.1,
Existing buildings or structures, is here by amended by adding the following: Every
condominium association or owner of a building or structure built before 1991 shall
within 18 months of the adoption of this code, provide to the Town of Vail a copy of a
Fire Risk Assessment (FRA). The FRA shall be developed bythe Town of Vail's Fire
Prevention and Fire Marshal's office. The FRA shall contain necessary elements
and be in sufficient detail as to provide a basis for determining applicability of
retroactive application of code provisions. Minimum components shall complywith
the adopted Town of Vail Standards.
Buildings subject to this requirement incline:
1. Group A, B, E, F, H, I and S
2. Group M with more than one floor,
3. Group R-1 and R-2 with more than two stories, more than 12
accommodation units, or dwelling units,
4. Group R-3 over three stories, excluding Group R-3 regulated by the
International Residential Code,
5. Any building or structure more than 5000 square feet of floor area, per
floor,
6. Any building or structure where all points of the first story are more than
150 feet from a single point of approved fire department access.
Upon submission of the FRA, the Town will evaluate the results and determine
applicability of retrofit provisions in accordance with the Town of Vail Design
Guidelines.
10-1-4: AMENDMENTS TO INTERNATIONAL.RESIDIENTIAL CODE:
The following amendments are hereby made to the International Residential Code,
2003 edition:
SECTION R102 -APPLICABILITY: Section R102.4, Referenced codes and
standards, is hereby amended by adding the following: Reference to other codes
such as Plumbing, Mechanical and Electrical shall refer onlyto the currentlyadopted
5
code of that type.
SECTION R105 -PERMITS: Section 105.2, Work exempt from permit, is hereby
amended as follows:
Item 1: One-story detached accessary structures used as tool sheds,
storage sheds, playhouses and .similar uses provided the floor area does
not exceed 120 square feet
Item 5: Decks, patios, sidevealks and driveways not more than 30 inches
above grade and not over any basement or storage below and which are
not part of an accessible route.
SECTION - R301.2.4. FLOODPLAIN CONSTRUCTION: Section 301.2.4
Floodplain construction is hereby amended as follows: Delete section in its
entirety and replace with: Building and structures constructed in food hazard
areas are subject to section 12-21-1 of the Vail Town Code.
SECTION - R303.8 REQUIRED HEATING: Section 303.8, Required heating, is
hereby amended by adding the following: Minimum winter design temperature is -
20° F. Heat loss calculations shall be required k~r all dwelling units.
SECTION R303.9-HEATING EQUIPMENT ROOMS; Add Section R303.9,
Heating equipment rooms, as follows: In R-3 occupancies, rooms containing a
boiler, central heating plant or hot v~ater supply boiler in excess of 400,000 Btu
per hour input shall be separated from the rest of the building by not less than 1-
hourfire-resistive construction on the room side of the heating equipment.
Opening protection shall be obtained byuse of a tight fitting, smoke-and draft-
control, self-closing assemblies having afire-protection rating of not less than 20-
minutes. All spaces containing fuel-fired equipment located in under-floor
(crawlspace) and above-ceiling (attic) areas shall be separated from the rest of
the building by not less than 1-hour fire-resistive construction on the space side of
the heating equipment regardless of Btu input. Opening protection shall be
obtained by use of a tight fitting, smoke-and draft-control, self-closing assemblies
having afire-protection rating of not less than 20-minutes. All under-floor and
above ceiling spaces shall have smoke or heat detection and automatic fire
sprinklers in accordance to Vail Fire Department standards.
SECTION R305-CEILING HEIGHT: Section R305.1, Exception 2, is hereby
amended by deleting this exception in its entirety.
SECTION R310 -EMERGENCY ESCAPE AND RESCUE OPENINGS: Section
R310.1, Emergency escape and rescue required, is hereby amended as follows:
First paragraph, first sentence amended as follows: Basements and every
sleeping room shall have at least one openable emergencyescape and rescue
opening. ~
SECTION R403.1.4.1 -FROST PROTECTION: Section R403.1.4.1, Frost
6
protection, is hereby amended by deleting this section in its entiretyand replacing
with the following: Foundation walls, piers and other permanent supports shall be
protected from frost by providing a minimum depth of 48" measured from finished
grade to the bottom of the footing. Where applicable, the depth of the footing
shall also conform to Sections R403.1.4.1 through R403.1.4.2
SECTION R403.2 -FOOTINGS FOR WOOD FOUNDATIONS: Section R403.2,
Footings for wood foundations, is hereby amended by adding the following:
Foundations shall be. designed by a registered Colorado Engineer and approved
by the Geotechnical Engineer.
SECTION R403.3 -FROST PROTECTED SHALLOW FOUNDATIONS: Section
R403.3, Frost protected shallow foundations, is hereby amended by adding the
following: Foundations shall be designed by a registered Colorado Engineer and
approved by the Geotechnical Engineer.
CHAPTER 12 -CHAPTER 42: Delete in their entirety and reference other codes
adopted by reference respectively.
10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE:
The following amendments are hereby made to the International Fire Code, 2003
edition:
SECTION 103 -DEPARTMENT OF FIRE PREVENTION: Section 103,
Department of Fire Prevention shall be,hereby amended as follows: Title shall be
changed to: Fire Prevention Bureau.
SECTION 103.1 -GENERAL: Section 103.1, General, shall herebybe amended
as follows: Delete section in its entiretyarid replace with: A fire prevention bureau
established within the fire department under the direction ofthe Chief shall
consist of fire department personnel assigned thereto bythe Chief. The function
of this bureau shall be to assist the.Chiefin the administration and enforcement of
the provisions of this code.
SECTION 103.1.1 -FIRE MARSHAL: Add Section 103.1.1, Fire Marshal: The
Chief is authorized to designate a member ofthe fire department to exercise the
powers and perform the duties of fire prevention engineer as set forth in this
code. The fire prevention engineer may also be known as the fire marshal.
SECTION 104.1.1 -FIRE PREVENTION BUREAU AND PEACE OFFICERS:
Add Section 104.1.1, Fire prevention bureau and peace officers: The Chief and
members of the fire prevention bureau shall have the powers of a peace office,
(as defined per C.R.S. 18-1-901, 3(I) (III) in performing their duties under this
code.
When requested to do so bythe Chief, the chief of police is authorized to assign
such available peace officers as necessary to assist the fire department in
enforcing the provisions of this code.
7
SECTION 106.2.1 -INSPECTION REQUESTS: Add Section 106.2.1, Inspection
requests: It shall be the dutyof the person performing the work authorized by a
permit to notify the Chief that the work is ready for inspection. The Chief is
authorized to require that emery request for inspection be filed not less than one
working day before such inspection is desired. Such requests maybe in writing or
by telephone at the option of the Chief.
SECTION 110.1.3 -UNSAFE HEATING OR ELECTRICAL EQUIPMENT AND
STRUCTURAL HAZARDS: Add Section 110.1.3, Unsafe heating or electrical
equipment and structural hazards: When the Chief deems any chimney,
smokestack, stove, oven, incinerator, furnace, or any other heating device,
electric fixture or any appurtenance thereto, or anything regulated under a
nationally recognized standard in or upon any building, structure or premises not
specifically mentioned in this code, to be defective or unsafe so as to create a .
hazard, the Chief is authorized to serve upon the owner or the person having
control of the property a written notice to repair or alter as necessaryand shall
notify any other authority enforcing codes regulating such equipment. -iYie Chief is
authorized to affix a condemnation tag prohibiting the use thereof until such
repairs or alterations are made. When affixed, such tag shall only be removed by
the order of the Chief when the hazard to which the order pertains has been
eliminated in an approved manner. Until removed, that item or device which has
caused the hazard shall not be used or be permitted to be used.
When such an apparent structural hard is caused by the faulty installation,
operation or malfunction of any of the items or devices listed in this section, the
Chief shall immediately notify the building official to investigate such hazard and
cause such hazard to be abated as required bythe building code.
SECTION 111.5 -STOPPING USES, EVACUATION: Add section 111.5
Stopping uses, evacuation: The Chief is authorized to order an operation or use
stopped or the evacuation of any premises, building or vehicle or portion thereof
which is a fire hazard.
SECTION 202 - F FALSE ALARM: Section 202, False alarm is herebyamended
as follows: Delete False alarm definition and replace with the following: The
activation of a device or transmission of an alarm signal, indicating an emergency
exists and/or necessitating response bythe Vail Police Department or the Vail
Fire Department, where no emergency exists.
SECTION 202 F -FIRE CODE OFFICIAL: Section 202 F, Fire code oficial, is
hereby amended as follows: Substitute Fire marshal ~r Fire code official.
SECTION 305.5 -GAS METERS AND PIPING: Add section 305.5, Gas meters
and piping, as follows: Above ground gas meters, regulators, and piping shall be
protected from damage by ice or snow, and if exposed to vehicular damage due
to proximity to alleys, driveways or parking areas, shall be protected from such
damage in accordance with section 312.1 of this code.
8
SECTION 508.5.5- CLEAR SPACES AROUND HYDRANTS: Section 508.5.5,
Clear spaces around hydrants, shall hereby be amended as follows: Delete entire
section and replace with: A clear and unobstructed space shall be maintained
around a fire hydrant with the following minimum distances: front - 15 feet, rear-
4 feet, sides - 7 feet. Fire hydrants shall be installed and maintained to provide a
minimum of 36 inches of clearance between the centers of the outlet caps and
finish grade. Standards set forth by other agencies including the water district,
may be referenced and enforced providing the most restrictive shall apply.
SECTION 610 -COMMERCIAL KITCHEN HOODS: Section 610, Commercial
Kitchen Hoods, shall hereby be amended as follows: Delete entire section in its
entirety and replace with:
SECTION 610.1 -VENTILATION HOOD AND DUCT SYSTEMS: Section 610.1,
Ventilation Hood and Duct Systems. A ventilating hood and duct system shall be
provided in accordance with International Mechanical Code for commercial-type
food heat-processing equipment that produces grease laden vapors.
SECTION 610.1.2 -FIRE - EXTINGUSHING SYSTEMS: Add Section 610.1.2
Fire-Extinguishing Systems: Where a Type I hood is required to be installed; a
fire-extinguishing system shall also be required.
SECTION 610.2 -WHERE REQUIRED: Section 610.2 Where Required:
Approved automatic fire-extinguishing systems shall be provided for the
protection of commercial type cooking equipment.
SECTION 610.2.1 -TYPE OF SYSTEMS: Add Section 610.2.1, Type of Systems:
The system used for the protection of commercial type cooking equipment shall
be either a system .listed for application with such equipment or an automatic fire
extinguishing system that is. specifically designed for such application. Systems
installed shall meet or exceed U.L. 300 requirements, and shall be installed in
accordance with Manufacturer's specifications and instructions.
SECTION 610.2.2 -EXTENT OF PROTECTION: Add section 610.2.2 Event of
protection:
The automatic fire extinguishing system used to protect ventilating hoods and
ducts and cooking appliances shall be installed to include cooking surfaces, deep
fat fryers, griddles, upright broilers, charbroilers, range tops and grills. Protection
shall also be provided for the enclosed plenum space within the hood above
filters and exhaust ducts serving the hood.
SECTION 610.2.3 -AUTOMATIC POWER, FUEL AND VENTILATION SHAFT:
Add Section 610.2.3, Automatic pov~er, fuel, and ventilation shaft: Automatic fire
extinguishing systems shall be interconnected to the fuel or current supply for
cooking equipment. The interconnection shall be arranged to automaiticallyshut
off all cooking equipment and electrical receptacles v~hich are located under the
hood when the system is actuated. Shutoff valves or switches shall be of a type
9
that requires manual operation to reset. Hood ventilation system shall remain
operational upon activation of system, unless authorized to perform otherwise by
the Chief. Activation of an automatic fire extinguishing system shall transmit an
alarm to the building fire alarm system.
SECTION 610.2.4 -MANUAL SYSTEM OPERATION: Add Section 610.2.4,
Manual system operation. A readilyaccessible manual activation device shall be
installed in accordance with Manufacturer's requirements and those set forth in
N.F.P.A. 17A, Standard for Wet chemical Extinguishing Systems. The activation
device is allowed to be mechanically or electrically operated. If electrical power is
used, the system shall be connected to a standbypower system and a visual
means shall be provided to show that the extinguishing system is energized.
Instructions for operating the fire extinguishing system shall be posted adjacent to
manual activation devices.
SECTION 610.2.5 -PORTABLE FIRE EXTINGUISHERS: Add Section 610.2.5,
Portable fire extinguishers. A K-Class extinguisher shall be installed within 30 feet
of commercial food heat processing equipment as measured along an
unobstructed path of travel in accordance with N.F.P.A. 10.
SECTION 610.3 -OPERATIONS AND MAINTENANCE: Add Section 610.3,
Operations and maintenance: The ventilation system in connection with hoods
shall be operated at the required rate ofair movement, classified grease filters
shall be in•place when equipment under a kitchen grease hood 's used. If grease
extractors are installed, theyshall be operated when the commercial type cooking
equipment is used. Hoods, grease removal devices, fans, ducts and other
appurtenances shall be cleaned every six months, unless otherwise approved by
the Chief, in writing. Cleanings shall be recorded, and records shall state the
extent, time, and date of cleaning. A sticker or other indicating means shall be
affixed to the hood. Cleaning records shall be maintained on the premises.
Extinguishing systems shall be serviced at least every six months or after
activation of the system. Inspections shall be byqualified individuals, and a
Certificate of Inspection shall be both maintained on the premises and brwarded
to the Chief upon completion.
SECTION 610.4 -SKI SHOP REQUIREMENTS: Add section 610.4, Ski Shop
Requirements,
SECTION 610.4.1 SCOPE: Add section 610.4.1, Scope, as fillows: This section
shall apply to all commercial operations inwlving the processing, manufacturing,
repair, waxing, preparation and associated functions with respect to snow skis,
snow boards, snow boots, water skis, skate boards and other equipment vuth
similar features.
SECTION 610.4.2- EQUIPMENT: Add section 610.4.2, Equipment, as follows:
All equipment used in the above operations shall be listed by an approved agency
when the equipment uses heat, flame or power operations. Said equipment shall
be maintained in good condition and used according to the manufacturer's
10
recommendations.
SECTION 610.4.3 -USAGE: Add section 610.4.3, Usage, as follows: Heat and
flame producing devices shall be used only by qualified personnel and shall be
equipped with a suitable base or holder. Said equipment shall not be used on
work tables with combustible surfaces.
SECTION 610.4.4 -ELECTRICAL: Add section 610.4.4, Electrical, as follows: All
electrical appliances, fixtures and equipment shall be listed byan approved
agency and shall be maintained in a safe and operable manrier. Non-grounded
extension cords and multi-plug receptacles are strictly prohibited.
SECTION 610.4.5- FLAMMABLE AND COMBUSTIBLE LIQUIDS: Add section
610.4.5, Flammable and combustible liquids, as follows: No more than one U.S.
gallon (3.78 I) of flammable or combustible liquid shall be permitted on the
premises at any time. All flammable liquids stored on the premise shall be stored
in an approved coritainer in a safe area. No flammable or combustible liquids
shall be stored within 25 feet of any open flame or heat producing device capable
of ignition.
SECTION 610.4.6 -OPEN FLAME: Add section 610.4.6, Open flame, as follows:
No open flame or heat producing device shall be left unattended while in
operation. All such devices shall be turned off, disconnected or extinguished if not
in immediate use.
SECTION 610.4.7 -VENTILATION: Add section 610.4.7, ventilation as follows:
All shops in which toxic, flammable or poisonous gases or other vapors which are
potential hazards shall be equipped with proper ventilation. Said ventilation
systems shall be designed to have the capacity of providing 1.5cfm/ft2 per square
foot of floor area. This mechanical system shall be provided by a method of
supply and exhaust air. The amount of supply air shall be appro~amately equal to
the amount of exhaust air. Said system shall be designed and installed in
accordance to the International Mechanical Code, Chapter 6. Location of fans,
hoods, when required by the Chief and ducts shall meet the approval of the Fire
Department.
SECTION 610.4.8 -INTERIOR FINISH: Add section 610.4.8, Interior fnish, as
follows: All ski shops shall have no less than one hour fire resistive assemblies
for walls, ceilings and floors. Interior finish of the room shall be Class A, as tested
in accordance to ASTM E 84. All work tables where the use of open flame or heat
producing devices is permitted, shall be ofnon-combustible construction on the
surface and all exposed surfaces adjacent to such production processes.
SECTION 610.5-TEMPORARY SKI REPAIR FACILITIES: Add section 610.5,
Temporary ski repair facilities, as follows: Temporary ski repair facilities maybe
~ allowed under the following conditions:
,~ 1. Temporary ski repair facilities are defined as those designated and
intended for less than 30 days use, and outlined in section 610.4.1.
11
2. Ventilation requirements for the immediate ski repair area maybe waived,
provided the room or space in which the ski repair operation is located is
provided with mechanical and/or natural ventilation sufficient to provide a
minimum of six air changes per hour, or meets the International Bulding
Code requirements for building usage.
3. Flammable liquid usage shall be limited to rooms equipped vuth automatic
fire sprinkler systems. Maximum quantity shall not exceed one U.S. gallon.
4. Temporary ski repair operations shall not adversely affect the health or
life-safety of the occupants of the building.
5. Temporary ski repair operations shall not be allov~ed to cause false
alarms. It shall be the responsibilityof both the building owner/manager
and the operator of the ski repair operation to take apprcpriate measures
to avoid false alarms (activation of fire detection system under non-
emergencycircumstances).
6. Afire extinguisher with a minimum rating of 2A40bc shall be provided for
each 400 square feet of ski shop repair area. Such fire extinguisher shall
be equipped with a service tag, provided by a licensed fire protection
company, indicating that the extinguisher has been serviced and/or
recharged within the last twelve months.
7. Temporary ski repair operations shall not be allov~ed within the residential
portions, accommodation units, dv~elling units, condominiums or sleeping
rooms of buildings. Hazardous rooms shall not allow (i.e. -boiler rooms,
HVAC, electrical rooms, rooms beneath stairs, non fre-rated attics,
storage rooms and similar spaces).
8. All installations and features thereof are subject to the approval of the Fire
Chief and Chief Building Official.
SECTION 804.1.1 -RESTRICTED OCCUPANCIES: Section 804.1.1, Restricted
occupancies, is hereby amended as follows: Exception, Trees located in areas
protected by an approved automatic sprinkler system installed in accordance with
Section 901.3.1.1 or 901.3.1.2 shall not be prohibited in Groups F~1 and R-2.
SECTION 902 -DEFINITIONS: Section 902, Definitions, is hereby amended to
read as follows:
Alarm Signal. Is an audible or visual signal or other device indicating the
existence of an emergency fire condition. Audible devices may be horns, chimes,
speakers or similar devices. Voice alarms and pre-recorded messages shall be
approved by the Chief. Sound pressure level of fire evacuation signals shall be
no less than 15 dbA above ambient noise levels or 5 dbA above the maximum
noise level lasting 60 seconds or more.
Alarm System. Is a combination of approved compatible devices with the
necessary electrical inter-connections and energy to detect smoke or fire
conditions, and produce an alarm signal in the event of system activation. An
alarm system shall be installed in an approved manner and shall conform to the
following standards with respect to the type of fire alarm system;
12
1. National Fire Protection Agency(N.F.P.A.) Standard 72, 2002 edition.
National Fire Alarm Code.
2. N.F.P.A. 90A, 2002 edition, Air Conditioning and Ventilation S}stems.
3. N.F.P.A. 90B, 2002 edition, Warm Air Heating and Conditioning
Systems.
4. N.F.P.A. 13, 13D, 13R, 2002 editions, Installation ofSprinkler
Systems.
5. N.F.P.A. 14, 2003 edition, Standpipe Stems.
6. N.F.P.A. 96, 2001 edition, Removal of Smoke and Grease Laden
Vapors from Commercial Cooking Equipment.
7. N.F.P.A. 101, 2003 edition, Life Safety Code.
8. N.F.P.A. 17A, 2003 edition, Standard for Wet Chemical Extinguishing
Systems
SECTION 907.1.1 - CONSTRCTION DOCUMENTS: 907.1.1, Construction
documents, is hereby amended as follows: Delete entire section and replace vNth
the following: Construction documents for fire alarm systems shall be submitted
on reflected ceiling plans for review and approval prior to system installation. A
minimum of'/ inch per foot scale is preferred. CAD plans on 1/8 inch per foot
scale maybe allowed if sufficient clarity is shown and plans are submitted in
black and white. Construction documents shall include, but not limited to, all of
the following:
1. A floor plan which indicates the use of all rooms.
2. Locations ofalarm-initiating and notification appliances.
3. Alarm control and trouble signaling equipment.
4. Annunciation.
5. Power connection.
6. Battery calculations.
7. Conductor type and size.
8. Voltage drop calculations.
9. Manufacturers, model numbers and listing information for equipment,
devices and materials.
10. Details of ceiling height and construction.
11. The interface of fire safety control functions.
SECTION 907.1.2 -EQUIPMENT: Section 907.1.2, Equipment, is hereby
amended to include the following: Listing information regarding devices, control
panels, batteries, wiring, back boxes and any other associated equipment shall
be included for review. Additionally, where options are available, these shall be
specified by device type and specific model number.
SECTION 907.2 -WHERE REQUIRED-NEW BUILDINGS AND STRUCTURES:
Section 907.2, Where required-new buildings and structures, is hereby
amended as follows: Every hotel, motel, apartment building, condominium
building and commercial building with attached residential occupancies having 3~
or more stories, or with more than 11 units, classified under the International
Building Code, 2003 edition as Group A 1, A-2, A-2.1, A-3, A-4, B-2, R-1; R-2, R-
13
3 and S-2 shall have a fire alarm system installed in accordance with International
Building Code Standards 2003 edition, and in accordance v~ith N.F.P.A. 72, 2002
edition. '
Explanatory material: While the activation of a single flow switch will annunciate
sprinkler flow, it should be noted a dryvalve is allowed by code to protect an area
in the range. of forty-five thousand feet up to limitations imposed by system areas.
This is not considered adequate in terms of identifying immediate location. In
respect to life-safety, particularly for firefighters responding in these areas, it is in
the best interest that these areas be further protected with the installation of heat
or smoke detection devices.
Additionally, these devices shall be identified with specific addresses such that
firefighters may locate more readilythe activated device.
1. Double action manual fire alarm pull stations shall be installed at each
level of each egress, behind the bar in drinking establishments, at the
front desk of a hotel and at locations required bythe Chief.
2. Interior common corridors shall be equipped with system smoke
detectors complying with U.L. 268, installed as per the listed spacing
requirements.
3. All common public areas shall be equipped vuth system smoke
detectors complying with U.L. 268, installed as per the listed spacing
requirements.
.Exception: Areas not suitable for smoke detectors shall be protected by
heat actuated or equivalent devices.
4. Each sleeping room shall have a smoke detector complying with U.L.
268. Device location shall be centrally located.
5. Audible signals shall be annunciated to all portions of the building upon
activation of any manual or automatic fire detector. Exception: With
permission of the Chief, alarm signals maybe initially annunciated to
portions of a building provided that the fire alarm control panel is equipped
so as to allow the annunciation of a fire alarm signal to the entire building
by manual activation.
6. An approved voice communication system shall be installed in all
occupancies so as to enable the fire department to automaticallyor
manually give verbal instructions to occupants of the building by selected
zones and by general alert. Exception: Occupancies with combined
occupant loads of less than 500 persons. 7. Basement occupancies
classified as Group A-1, A-2, A-2.1, A-3, A-4, B-2, R-1 or R-2 under the
International Building Code, 2003 edition, with an occupant load of 10
persons or more, shall have a fire alarm system installed in accordance to
N.F.P.A. and International Fire Code 2003 Standards.
8. Occupancies such as nightclubs, discos, dining and drinking
establishments with live music, recorded music, or other similar sound
producing equipment shall have an alarr°n actuated shunt trip to
disconnect the source of music amplification, when the building is
equipped with a fire alarm system.
14
9. Buildings classified as R-1 or with residential occupancies in group /k1,
A-2, ~A-3, A-4 or B-2, 3 stories or more shall be equipped v~ith a fire alarm
system in accordance with NFPA .72 (2002), as amended.
10. Buildings under remodel-where the fire or occupant load is increased,
classified as R-1, A-2, A-2.1, A-3, A-4, B-2 or H, shall have a fire alarm
system installed in accordance with NFPA 72 (2002), as amended.
SECTION 907.2.1 - GROUP A: Section 907.2.1, Group A is herebyamended as
follows: Delete exception eliminating manual pull stations.
SECTION 907.2.1.1 -SYSTEM INITIATION IN GROUP A OCCUPANCIES WITH
AN OCCUPANT LOAD OF.1,000 OR MORE: Section 907.2.1.1, System initiation
in Group A occupancies with an occupant load of 1000 or more is hereby
amended as follows: This section shall be amended to an occupant load of 500
persons as measured by square footage.
SECTION 907.2.2 -GROUP B: Section 907.2.2, Group B is herebyamended as
follows: Manual fire alarm systems shall be installed in all Group B occupancies.
Delete all exceptions.
SECTION 907.2.3 -GROUP E: Section 907.2.3, Group E, is herebyamended as
follows: Delete all exceptions.
SECTION 907.2.4 -GROUP F: Section 907.2.4, Group F, is herebyamended as
follows: A manual fire alarm system shall be installed in all Group F occupancies.
Delete exception.
SECTION 907.2.6.2.3 - (GROUP I-3) SMOKE DETECTORS: Section 907.2.6.2.3
(Group I-3), Smoke detectors, is herebyamended as follows: Delete all
exceptions.
SECTION 907.2.7 -GROUP M: Section 907.2.7, Group M, is hereby amended as
follows: Manual fire alarm systems shall be installed in all Group M occupancies.
Delete exception.
SECTION 907.2.7.1 - (GROUP M) OCCUPANT NOTIFICATION: Section
907.2.7.1 (Group M) Occupant notification, is hereby amended as follows: Delete
entire section and replace with the following: Manual fire alarm systems shall not
operate in lieu of an automatic fire alarm system at times the building is occupied.
The emergency voice/alarm communication system shall not be allowed to be
used for other announcements.
SECTION 907.2.8.1 - (GROUP R-1) MANUAL FIRE ALARM SYSTEMS: Section
907.2.8.1 (Group R-1 ), Manual fire alarm system, is hereby amended as follows:
Delete all exceptions.
~ SECTION 907.2.8.2 - (GROUP R-1) AUTOMATIC FIRE ALARMS: Section
907.2.8.2 (Group R-1) Automatic fire alarm system, is hereby amended as
15
follows: Delete exception.
SECTION 907.2.8.3 - (GROUP R-1) SMOKE ALARMS: Section 907.2.8.3(Group
R-1) Smoke alarms, is herebyamended as follows: Delete entire section and
replace with the following: Smoke alarms shall be installed and be fully
addressable, analog systems. They shall be monitored at a listed monitoring
facility.
SECTION 907.2.9 -GROUP R-2: Section 907.2.9, Group R 2, is hereby
amended as follows: Item 3.The building contains more than 11 dwelling units or
sleeping units. Delete all exceptions.
SECTION 907.4.3 - (MANUAL FIRE ALARM BOXES) COLOR: Section 907.4.3,
(manual fire alarm boxes), Color, is herebyamended as follows: Delete section in
its entirety and replace with the following: Manual fire alarm boxes should be of
contrasting color to the background on which they are mounted.
SECTION 907.12 -DUCT SMOKE DETECTORS: Section 907.12, Duct smoke
detectors is hereby amended as follows: Delete all exceptions.
SECTION 907.15 -MONITORING: Section 907.15, Monitoring is hereby amended
as follows: Delete all exceptions.
10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE:
The following amendments are hereby made to the International Mechanical Code,
2003 edition:
SECTION 101.1 -TITLE: Section 101.1, Title, is hereby amended as follows: These
regulations shall be known as the Mechanical Code of the Town of Vail, hereinafter
known as "this code".
SECTION 101.2 - SCOPE:.Section 101.2, Scope, is herby amended as follows:
Delete exception 1 and 2 in their entirety.
SECTION 106.5.2- FEE SCHEDULE: Section 106.5.2, Fee Schedule, is hereby
amended as follows: The construction fee schedule for the Town of Vail shall be
on file and maintained in the office of the Community Development Department.
SECTION 106.5.2 -FEE REFUNDS: Section 106.5.2, Fee refunds, Item 2 and
Item 3, is hereby amended as follows: 2. Not more than 80% of the permit fee
paid when no work has been done under a permit issued in accordance with this
code. Item 3. Not more than 80% ofthe plan review fee paid when an applicant
for a permit for which a plan review has been paid is withdrawn or canceled
before any plan review effort has been expended.
SECTION 701.1.1- UNUSUALLY TIGHT CONSTRUCTION: Add Section 701.1.,
1 Unusually Tight Construction, All habitable buildings within the Town of Vail
jurisdiction shall be considered unusually tight construction.
16
SECTION 702 -INSIDE AIR: Section 702, Inside Air, is I~reby amended as
follows: Delete this section in its entirety.
SECTION 704 -COMBINED USE OF INSIDE AND OUTSIDE AIR (CONDTION
1): Section 704.1, Combination of air from inside and outside, is herebyamended
as follows: With approval of the building official, this section shall applyonly to
appliances located in confined spaces in existing buildings not of unusually tight
construction.
SECTION 705- COMBINED USE OF INSIDE AND .OUTSIDE AIR (CONDITION
2): Section 705.1, General, is herebyamended as follows: With approval of the
building official, this section shall apply only to_appliances located in unconfined
spaces in existing buildings of unusually tight construction.
SECTION 802.7- SUPPORT OF VENTS: Section 802.7, Support of vents, shall
hereby be amended as follows: Enclosure and Support of Vents. All portions of
vents shall be adequately supported for the design and weight of the materials
employed. All portions of venting systems which extend through occupied and
storage spaces shall be enclosed to avoid contact or damage to the installation.
SECTION 903.3 - UNVENTED GAS LOG HEATERS: Section 903.3, Unvented
gas log heaters, shall hereby be amended as follows: Unvented gas log heaters
are prohibited.
10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE:
The following amendments are hereby made to the International Plumbing Code,
2003 edition:
SECTION 101.1- TITLE: Section 101.1 Title, is hereby amended as. follows:
These regulations shall be known as the Plumbing Code of the Town of Vail
hereinafter referred to as "this code."
SECTION 101.2- SCOPE: Section 101.2, Scope, is herebyamended as follows:
Delete Exception 1 and 2 in their entirety.
SECTION 106.6.2 FEE SCHEDULE: Section 106.6.2, Fee schedule, is hereby
amended as follows: The construction fee schedule for the Town of Vail shall be
on file and maintained in the office of the Community Development Department.
SECTION 106.6.3 FEE REFUNDS: Section 106.6.2, Fee refunds, Item 2 and 3
are hereby amended as follows: Item 2. Not more than 80% ofthe permit fee paid
when no work has been done under a permit issued in accordance v~ith this code.
Item 3. Not more than 80% of the plan review fee paid when an applicant for a
permit for which a plan review has been paid is withdrawn or cancelled before
any plan review effort has been expended.
SECTION 412- FLOOR AND TRENCH DRAINS: Section 412, Floor and Trench
Drains, are hereby amended by adding the following subsection: 412.5,
17
Mechanical Rooms, For heating or ho~water boiler applications, the boiler room
shall be equipped with a floor drain or. other means suitable for disposing of the
accumulation of liquid waste incidental to cleaning, recharging and routine
maintenance.
SECTION 606.2- LOCATION OF SHUTOFF VALVES: Section 606.2, Location of
shut off valves, Item 1, is herebyamended as follows: On the fixture supply to
each plumbing fixture other than bathtubs, shov~,ers and concealed wall mounted
faucets in one and two family residential occupancies, and other than in indiudual
guestrooms that are provided vvith unit shutoff valves in hotels, motels, boarding
houses and similar occupancies.
SECTION 904.1 -ROOF EXTENSION: Section 904.1, Roof extension, is hereby
amended as follows: All open vent pipes that extend through a roof shall be
terminated at least 12 inches above the roof, except that where a roof is to be
used for any purpose other than weather protection, the ant shall be run a least
7 feet (2134mm) above the roof.
SECTION 904.2 -FROST CLOSURE: Section 904.2, Frost closure, is hereby
amended as follows: Every vent extension through a roof or wall shall be a
minimum of 3 inches (76mm) in diameter. Anyincrease in size of the vent shall
be made inside the structure a minimum of 1 foot (305mm) below the roof or
inside the wall.
10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE:
The following amendments are hereby made to the International Fuel Gas Code,
2003 edition:
SECTION 101.1- TITLE: Section 101.1, Title, is hereby amended as follows:
These regulations shall be known as the Fuel Gas Code of the Town of Vail,
hereinafter referred to as "this code".
SECTION 101.2- SCOPE: Section 101.2, Scope, is herebyamended as follows:
Exception 1 8~ 2 is deleted in their entirety.
SECTION 106.5.2- FEE SCHEDULE: Section 106.5.2, Fee schedule, is heresy .
amended as follows: The construction fee schedule for the Town of Vail shall be
on file and maintained in the office of the Community Development Department.
All work regulated by the Fuel Gas Code shall be subject to fees as designated in
the construction fee schedule for mechanical permits.
SECTION 106.5.3- FEE REFUNDS: Section 106.5.3, Fee refunds, Item 2 and 3
is hereby amended as follows: Item 2. Not more than 80% ofthe permit fee paid
when no work has been done under a permit issued in accordance with this code.
Item 3. Not more than 80% ofthe plan review fee paid when an applicant for a
permit for which plan review has been paid is vvithdrawrf or canceled before any
plan review has been expended.
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SECTION 303.3- PROHIBITED LOCATIONS: Section 303.3, Prohibited
locations, is hereby amended as follows: delete exception 2 and 3 in their entirety
and renumber exception 5, number 3.
SECTION 303.4- PROTECTION FROM PHYSICAL DAMAGE: Section 303.4,
Protection from physical damage, is hereby amended as follows: Appliances shall
not be installed in a location where subject to physical damage unless protected
by substantial barriers approved by the building official.
SECTION 304.1- GENERAL: Section 304.1, General, is herebyamended as
follows: Air for combustion, ventilation, and dilution of flue gases for gas utilization
equipment installed in buildings shall be provided from the outdoors. With prior
approval from the building official, the methods prescribed in section 304.7 may
be used in existing buildings.
SECTION 304.5- INDOOR COMBUSTION AIR: Section 304.5, Indoor
combustion air, is herebyamended as follows: Delete this section in its entirety.
SECTION 305.6- CONSTRUCTIGN AND PROTECTION: Section 305.6,
Construction and protection, is herebyamended as follows: In all occupancies
other than R-3, boiler rooms and furnace rooms shall be protected as required by
the International8uilding Code. In R-3 occupancies, rooms containing a boiler,
central heating plant or hot water supply boiler in excess of 400,000 Btu per hour
input shall be separated from the rest of the building by not less than 1-hour fire-
resistive construction on the room side of the heating equipment. Opening
protection shall be obtained by use of a tight fitting, smoke-and draft-control, self-
closing assemblies having afire-protection rating of not less than 20-minutes. All
spaces containing fuel-fired equipment located in under-floor (crawlspace) and
above-ceiling (attic) areas shall be separated from the rest of the building by not
less than 1-hour fire-resistive construction on the space side of the heating
equipment regardless of Btu input. Opening protection shall be obtained byuse of
a tight fitting, smoke-and draft-control, self-closing assemblies having afire-
protection rating of not less than 20-minutes. All under-floor and above ceiling
spaces shall also be detected and protected in accordance to Vail Fire
Department standards. All mechanical rooms shall be provded with a floor drain
as required by the Plumbing Code of the Town of Vail.
SECTION 404.14.1- LIMITATIONS: Section 404.14.1, Limitations, is hereby
amended as follows: Plastic pipe shall be installed outside underground onlywith
a minimum depth below finished grade of 18 inches. Plastic pipe shall not be
used within or under any building or slab or be operated at pressures greater than
100 psig (689 kPa) for natural gas or 30 psig (207 kPa) for LP-gas.
SECTION 406.4.1 TEST PRESSURE: Section 406.4.1, Test pressure, is hereby
amended as follows: This test shall include an air, carbon dio~ode or nitrogen
pressure test, at which time the gas piping shall withstand a pressure of not less
than 10 psig (69 kPa). For v~elded pipe and for piping carrying gas pressure
exceeding 14 inch water column, the test shall be at least 60 psg (414 kPa).
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SECTION 406.4.2- TEST DURATION: Section 406.4.2, Test duration, is hereby
amended as follows: Test duration shall not be less than 15 minutes far threaded
pipe. For welded pipe and piping carrying gas pressure exceeding 14 inch water
column, the duration shall not be less than 30 minutes.
SECTION 501.8 EQUIPMENT NOT REQUIRED TO BE VENTED: Section 501.8,
Equipment not required to be vented, shall be hereby amended as follows: Delete
item 8, Room heaters listed for unvented use and renumber items- 9, 10. and 11
as 8, 9, and 10.
SECTION 603 (IFGC) LOG LIGH~iERS: Section 603.1, General, shall herebybe
amended as follows: Log lighters shall be prohibited to be installed in the Town of
Vail.
SECTION 621 (IFGC) UNVENTED ROOM HEATERS: Section 621, Unvented
room heaters, shall herebybe amended as follows: Delete this section in its
entirety.
10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE:
The following amendments are hereby made to the National Electrical Code,
2002 edition:
A. All electrical wiring in Groups A, B, E, F, H, I, M and S occupancies as defined in
the International Building Code, shall be encased in conduits, raceways, or an
approved armor. All wiring in Group R occupancies shall be encased in metal
conduits, raceways, or an approved metal armored cable to the circuit breaker box
for each unit. No aluminum wire or copper clad aluminum wire smaller than size 8
will be permitted within the Town.
B. Persons engaged in the installation of remote control, low energy power, and
sighal circuits as defined in article 720 and 760 of this code, need not be licensed
themselves pursuant to Title 12, Article 23, Colorado Revised Statutes, nor work
under the supervision of such licensed electricians; however, all such persons shall
register with the State Electrical Board. Proof of registration shall be produced by
the registrant and an application for contractor registration shall be provided to the
Town of Vail Fire Marshal for review in accordance with the Town Code, section 4-2-
7.
C. All such installations of remote control, low energy power and signal systems are
subject to the permits and inspections set forth in 12-23-111 (24) C.R.S.
Accordingly, all installations of remote control, low energy power and signal systems
must be performed in accordance with the minimum standards set forth in the
National Electric Code.
10-1-10: COPIES OF CODES AVAILABLE:
Copies of all the codes adopted by this Chapter and all amendments thereto shall be
available for inspection at the office of the Town Clerk.
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10-1-11: PENALTIES: .
A. Any person who violates any of the provisions of the Codes adopted by this
Chapter or fail to comply therewith, or who violates or fails to comply with any order
made thereunder, or who builds in violation of any detailed statements,
specifications, or plans submitted and approved thereunder, or any certificate or
permit issued thereunder, or within the time fixed therein shall be guilty of a
misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code. The
imposition of a penalty for any violation shall not excuse the violation or permit it to
continue; and all such persons shall be required to correct or remedy such violation
or defects within a reasonable time, and each day that the prohibited conditions are
maintained shall constitute a separate offense.
B. The Town may maintain an action for damages, declaratory relief, specific
performance, injunction, or any other appropriate relief in the District Court in and for
the County of Eagle for any violation of any of the provisions of this Chapter. (1997
Code: Ord. 25(1991) §
6) The building codes adopted in this ordinance shall be effective for all building
permit applications received by the Town of Vail, Community Development
Department, Building Safety & Inspection Services, after January 1, 2005.
Section 2. The building codes adopted bythis ordinance shall be effective forall building
permit applications received by the Town of Vail, Department of Community Development, Building
Safety and Inspection Services, on or after January 1, 2005.
Section 3. If any part, section, subsection, sentence, clause or phrase ofthis
ordinance is for any reason held to be invalid, such decision shall not effect 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 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
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1
occurred prior to the effective date hereof, any prosecution commenced, nor anyother 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 6. 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 thereo# theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1'`t day of February, 2005, and a public
hearing for second reading of this Ordinance set for the 15th day of February, 2005, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of
February, 2005.
Rodney E. Slifer, Mayor
ATTEST:
c
Lorelei Donaldson, Town Clerk
Ordinance No. 3, Series of2005 22