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Home My WebLink About2015-06 Amending Title 5 of TOV Code by the Addition of a New Chapter 13, Entitled "Stream Tract Protection" ORDINANCE NO. 6 SERIES 2015 AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 13, ENTITLED "STREAM TRACT PROTECTION", TO PROHIBIT PRIVATE IMPROVEMENTS ON STREAM TRACT PROPERTY IN THE TOWN WHEREAS, the Town of Vail (the "Town") is the owner of certain real property consisting of natural riparian area along the creeks and streams within the Town; WHEREAS, the Town is committed to environmental protection and stewardship, open space conservation and ecosystem health; WHEREAS, over time, private encroachments such as landscaping, patios and other improvements from properties adjacent to stream tracts have been constructed and maintained within the Town's riparian areas without permission or authorization from the Town; WHEREAS, these private encroachments are not in keeping with the use of stream tracts as naturalized open space, and further, such private improvements significantly damage these sensitive riparian areas and impede their use and enjoyment as public open space; WHEREAS, for example, in 1999 the Town of Vail acquired the parcel shown as Tract C on the Plat for Vail Village, Eleventh Filing, which is situated immediately adjacent to Gore Creek along the southernmost boundary of the Eleventh Filing; WHEREAS, the deed by which the Town acquired Tract C provides that the Town may further restrict the uses on and within Tract C; WHEREAS, pursuant to the Town's authority to regulate for the public health, safety and welfare, the Town Council desires to clarify that Town stream tracts shall be used primarily as natural open space, and private encroachments are prohibited in these areas; and WHEREAS, to protect such stream tracts, the Town Council desires to amend the Vail Town Code through the addition of a new Chapter 13 to Title 5. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of a new Chapter 13, to read as follows: 1 Chapter 13 STREAM TRACT PROTECTION 5-13-1: PURPOSE: The purpose of this Chapter is to protect the public health, safety and welfare by regulating sensitive stream tract areas in the Town, prohibiting private encroachments in such areas and ensuring that such areas remain natural open space. This Chapter shall not apply to public facilities as presently constructed, or as upgraded or replaced, or to new construction of public facilities. 5-13-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: DIRECTOR: The Community Development Director or designee. ENCROACHMENT: A private improvement of any kind located in the stream tract, whether temporary or permanent in nature, including without limitation landscaping, irrigation systems, garden improvements, patios, decks, fencing, retaining walls, sheds, pathways, gravel, concrete, outdoor furniture, benches and play equipment. STREAM TRACT: A lot, tract or parcel of real property located in the Town, owned by the Town and situated along or adjacent to a creek, stream or other natural waterway. 5-13-3: USE OF STREAM TRACT: Except as otherwise expressly provided in this Chapter, every stream tract shall be used primarily for natural open space purposes, or for limited public, pedestrian or recreational uses as may be determined by the Town to be appropriate for the stream tract. 5-13-4: ENCROACHMENTS PROHIBITED: A. No person other than the Town shall erect, construct or maintain, or cause or permit the erection, construction or maintenance of, any encroachment on a stream tract. B. Notwithstanding the foregoing, the Town may authorize an encroachment on a stream tract, upon a finding by the Town Council that the encroachment is not inconsistent with the designated uses of the stream tract and will not detrimentally impact the environmental values of the stream tract. Such authorization shall be evidenced by a resolution 2 adopted by the Town Council and recorded in the real property records of Eagle County. 5-13-5: REMOVAL OF VEGETATION PROHIBITED: It is unlawful for any person other than the Town to mow, trim, cut or remove any grasses, trees or other vegetation in a stream tract without prior written authorization from the Director, which authorization may be withheld if the Director determines, in the Director's sole discretion, that such activity would be detrimental to environmental value of the stream tract. 5-13-6: NOTICE OF VIOLATION: A. If the Director determines that there is an encroachment onto a stream tract in violation of this Chapter, the Director shall provide written notice of the violation by certified U.S. mail, return receipt requested, to the record owner of the adjacent real property or the owner of the encroachment, if different, at the owner's last known address. B. The notice shall: 1. Advise the owner of the nature of the unlawful encroachment; 2. Advise the owner of Town-approved methods for the removal of the encroachment and any rehabilitation required to restore the stream tract to its natural condition; and 3. Advise the owner that the encroachment shall be removed and the stream tract restored to its natural condition completed within forty-five (45) days following the date of the notice, or such longer time as stated in the notice. C. If the owner disputes that a violation exists, the owner shall notify the Director in writing of such dispute within forty-five (45) days of the date of the notice. If a timely notice of dispute is given, the Town shall not proceed with abatement until the Director has met with the disputing party in an effort to resolve the dispute. If the Director meets with the owner and is unable to resolve the dispute, and the owner fails to comply with the notice as described above, the Town may proceed with abatement pursuant to Section 5-13-7. 5-13-7: ABATEMENT: A. If the owner fails to timely and fully comply with the notice described in Section 5-13-6, the Town may complete the removal of the 3 • encroachment and the associated restoration activities and recover its costs as provided in subsection D hereof. B. The Town shall not be responsible for any property loss or damage that occurs in connection with abatement pursuant to this Section. C. In the case of an emergency involving imminent danger to the public health, safety or welfare, the Town may authorize the immediate removal of any encroachments without notice. D. The owner shall be assessed twice the entire cost of removal of the encroachments and restoration activities. If all costs and charges incurred by the Town are not paid within thirty (30) days of the date of the assessment, the unpaid costs shall be certified to the Eagle to County Treasurer for collection in the same manner as real property taxes. 5-13-8: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of this Chapter. Each separate act in violation of this Chapter, or each and every day or portion thereof during which any separate act in violation of this Chapter is committed, continued or permitted, shall be deemed a separate offense. B. Violations of this Chapter shall be punished as follows, and such penalties shall not be waived, reduced or deferred by the Municipal Court: First offense in any 12-month period: $500. Second offense in any 12-month period: $750. Third offense in any 12-month period: mandatory appearance in the Municipal Court and the General Penalty provided in Section 1- 4-1. C. Town police officers and code enforcement officers are authorized to issue a summons and complaint for a violation of this Chapter. D. The penalties in this Section shall not be the Town's exclusive remedies for addressing encroachments on a stream tract, and nothing in this Section shall preclude any other remedy or penalty for addressing encroachments on Town-owned property. A person may be charged with a violation of this Chapter as well as trespass or any other applicable criminal violation. 4 Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 P hrases be declared invalid. Section 3. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2015 and a public hearing for second reading of this Ordinance set for the 16th day of June, 2015, in the Council Chambers of the Vail Municipal Building, V.• Colorado. 411011r Andrew P. Daly, lu_ . AT SEAS, aA.l. 1< • •f Patty c -nny, own I A •• ORA _ READ AND - " : • ED ON SECOND READING AND ORDERED PUBLISHED this 16th day of June, 2015. Andrew P. P - Ma •r ATT T: Patty ia ny, T• - -rk N / • A • 1� 5