HomeMy WebLinkAbout2017-17 Amending Section 5-11 Abatement of Diseased Trees and Wildfire Fuels and 12-11, Design Review related to Vegetation Removal for Wildfire Mitigation PurposesORDINANCE NO. 17
SERIES 2017
AN ORDINANCE AMENDING SECTIONS 5-11: ABATEMENT OF DISEASED TREES
AND WILDFIRE FUELS AND 12-11: DESIGN REVIEW, RELATED TO VEGETATION
REMOVAL FOR WILDFIRE MITIGATION PURPOSES
WHEREAS, the Vail Town Council wishes to clarify and codify existing standard
operating procedures related to the removal of vegetation for wildfire mitigation
purposes;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
held public hearings on the proposed prescribed regulations amendment and on
November 13, 2017 submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed 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;
WHEREAS, the Vail Town Council finds that the amendment furthers the general
and specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds 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.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-11-7 of the Vail Town Code is hereby amended as
follows:
Sec. 5-11-7: Permit for Removal
An owner desiring to remove diseased trees shall file an application for a permit
with the Fire and Emergency Services
Department. There shall be no application fee for the permit. The application
shall contain a written narrative describing the type, size, quantity and general
location of the diseased trees proposed to be removed. The director may perform
a site visit prior to taking any action on the permit application.
Section 2. Section 12-11-3 of the Vail Town Code is hereby amended as
follows:
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Sec. 12-11-3: Design Approval
A. Scope: No person shall commence removal of vegetation, site preparation,
building construction or demolition, dumping of material upon a site, sign
erection, exterior alteration or enlargement of an existing structure, paving,
fencing or other improvements of open space within the corporate limits of the
town unless design approval has been granted as prescribed in this chapter. The
addition of plant materials to existing landscaping, gardening, and -landscape,
and vegetation removal approved by the Fire and Emergency Services
Department through a Wildfire Hazard Assessment shall be exempt from this
provision.
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 affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 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 and
the inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code 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 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 2017 and
a public hearing for second reading of this Ordinance is set for the 2nd d -y of January,
2018, in the Council Chambers of the Vail Muni :uilding V- .1 ol. af.lb
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e Chapin, Mayor
READ AND APPROVED ON SECOND READING AND ORDER
this 2nd day of January, 2018.
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