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HomeMy WebLinkAbout1970- 4 Regulating the Subdivision of Land in the TOV< ~~. y' T i ~ • TABLD OF COT3TETdTS OP.DINANCE T3O. 4 Series of 1970 g /> -c C~' ~~G G 1~' • ~~ Page No . Title rage Purpose Axticle I. Applicability of Ordinance Section 1. Authority Section 2. Control Section 3. Jurisdiction Section 4. Exemption Article II. Administrative Provisions Section 1. Penalty Section 2. Interpretation. Section 3. Amendment Section 4. Separability Article III. Procedure 1 2 3 3 3 3 4 4 4 5 5 5 6 Section 1. Pre-Application Procedure G Section 2. Submission of Plat - Hearing 10 Section 3. Final Plat and T:aterial Article IV. ~;inor Subdivision Article V. Design Standards Section 1. General Design Section 2. Streets and Ci Facilities Supplementary 10 12 12 Considerations 12 rculation 13 i • , ~ • • ~ • Page no. Section 3. Utility Easements 16 Section 4. ]3locks 1G Section 5. Lots 16 Section 6. Public Sites l~ Article VI. Required Improvements 18 Section 1. General Requirements 18 Section Z. Street Improvements 19 Section 3. Utility Improvements 19 Section 4. Installation of Oversized Utilities and Improvements 20 Section 5. Other Improverents 20 Article VII. Technical Variances 21 Section 1. Criteria for Grant of Technical Variance 21 Article VIiI. D efinitions 21 Section 1. Pules of Construction of Language 21 Section 2. Specific i~~ords and Phrases 22 Adoption Date and Authorizing Signatures 24 ii ~ • • ORDINANCE N0. 4 Series of 1970 ~ r• AN ORDINANCE REGULATING THE SUBDIVISION OF LAND IN THE TOWN OF VAIL; PROVIDING A PROCE- DURE FOR THE PREPARATION, PF.OCESSING, AND PRESENTATION OF PLATS; ESTABLISHING DESIGN STANDARDS ; REQUIRING TMPROVEMEr1TS ; DEFINT?dG CERTAIN TERMS; PRESCRIBING METHODS FOR ENFORCEMENT, INTERPRETATIOPJ, AMENDMENT, SEPARABILITY, AND DECLARING AN EMERGENCY THEREFOR. January 12, 1970 • ~• • • ~• PU:?POSE The following subdivision regulations have been prepared and enacted in accordance with Chapter 139, Article 59 of the Colorado Revised Statutes, 1963, for the purpose of promoting the health, safety, morals, and welfare of the present and future inhabitants of the Town of Vail, Colorado. To these ends such regulations are intended to assure efficient circulation, adequate improvements, sufficient open space and basic order in subdivision design by pro- viding for the proper arrangement of streets in relation to other existing or planned streets and in relation to the Land Use Master Plan; for adequate and convenient open spaces for traffic circulation, utilities, emer- gency access, recreation and light and air; for the avoid- ance of. population congestion; for the establishment of standards for the design and construction of improvements herein required; and for the regulation of such other matters as the Town Planning Commission and Board of Trustees may deem necessary in order to protect the best interests of the public. These regulations are further intended to serve the following specific purposes: To inform each subdivider of the standards and criteria by which development proposals will be evaluated, and to provide informa- tion as to the type and extent of improve- ments required. To protect responsible developers from sub- standard competition. To assure landowners that their properties can be subdivided in the future without con- flict with development on adjacent land. To protect landowners from substandard develop- ment which would adversely affect their Pz~upei~~y values. To assure taxpayers that public costs of new development will be minimized through logical, coordinated ~sLei~~ion of municipal utilities and streets; by the installation of durable ;,>>i~~.~-~e~~;ents requiring minimi,m ma;t~tenance; and by sec~7ring necessary land for public Piu~- poses in advance of rising land values. • ~ ~- • ~ ~~ To assure future property owners of newly sub- divided land that legal descriptions are accurate and that desirable design features have been provided in the subdivision. To protect future property owners against unexpected improvement costs. ARTICLE I APPLICABILITY OF ORDINANCE SECTION 1. AUTHORITY No final plat of a subdivision shall be approved and accepted by the Planning Commission unless it conforms to the provisions of this ordinance. SECTION 2. CONTROL 1, Whoever divides a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development shall be subject to tY~e provisions of these regulations whether a plat is recorded or not. 2. A11 plats of a subdivision of land within the Town of Vail, Colorado, shall be filed and recorded only after having been approved by the Planning Commission with such approval entered in writing on the plat and signed by the Chairman of the Planning Commission. 3. P1o building shall be erected on any lot, nor shall a building permit be issued for a building unless the street giving access to the lot upon which such building is proposed to be placed shall have been dedicated and approved by the Planning Commission as a part of a subdivision as herein defined, or such street is approved as a suitable private street by the Planning Commission. SECTIOPI 3. JURISDICTIOTd These regulations are applicable within the following described areas: 1. All land located within the legal boundaries of the Town of Vail. 3 ~ ~ ~ • ~ ~~ 2. All land located within three miles of the corporate limits of the Town of Vail and not located in any other municipality for the purposes of control wit:i reference to major streets only. SECTIOAJ 4. EXEMPTION Any plat of land to be developed under a Planned Unit Development Plan shall be approved by the Planning Com- mission provided that the requirements of Ordinance No. 7, Article 4, Section 4, shall have been complied with, and provided further that any such development plan shall have received the approval of the Board of Trustees in accordance with the ordinance aforementioned, Articles IV and V, and any other pertinent provisions of said ordi- nance governing review and approval of Planned Unit Development. ARTICLE II ADr1INISTRATIVE PROVISIONS SECTION 1. PENALTY As provided in accordance with Chapter 139, Article 59 of the Colorado Revised Statutes, 1.963; 6~Jhoever, being the owner or agent of the owner of any land located within a subdivi- sion, transfers or sells or agrees to sell or negotiates to sell any land by reference to or exhibition of or by use of a plat of a sub- division, before such plat has been approved by the Planning Commission and recorded or filed in the office of the appropriate county recorder, shall forfeit and pay a penalty of one hundred dollars for each lot or parcel so transferred or sold or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of trans- fer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The munici- pal corporation may enjoin. such transfer or sale or agreement by action for injunction brought in any court of equity jurisdiction or :nay recover the penalty by civil action in any court of competent jurisdiction. 4 • ~ • • ~ ~ ~• SECTIOPJ 2. INTERPRETATION In the interpretation and application of the provisions of these regulations, the following regulations shall govern: 1. In their interpretation and application, the provi- sions of these regulations shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, morals, convenience, pros- perity and welfare. These regulations shall there- fore be regarded as remedial, and shall be liberally construed to further their underlying purposes. 2. Whenever both a provision of these regulations, and any other provisions of these regulations, or any provision of any other law, ordinance, resolution, rule, or regulation of any kind, contains any restric- tion covering any of the same subject matter, which- ever restrictions are more restrictive or impose higher standards or requirements shall govern. 3. These regulations are not intended to abrogate or annul: a. Any permits issued before the effective date of these regulations; or b. Any easement or covenant. SECTION 3. AMENDMENT The Planning Commission may amend the requirements of these regulations after giving public notice of any such proposed amendment and after holding a public hearing thereon in accordance with Chapter 139, Article 59, Section 14, of the Colorado Revised Statutes, 1963. No such amendment shall be effective until the same has been enacted into law as an amendment to this ordinance. SI;C;'1'IOPd 4. SEPARABILITY It is hereby declared to be the intent that the several provisions of these regulations shall be severable in accordance with the provisions set forth below: 1. If any provision of these regulations is declared to be invalid by a decision of any court of compe- tent jurisdiction it is hereby to be the legisla- tive intent that: 5 ..~ ~ ~~ • • M•. a. The effect of such decision shall be limited to that provision or provisions which are ex- pressly stated in the decision to be invalid; and b. Such decision shall not affect, impair or nulli- fy these regulations as a whole or any other part thereof, but the rest of these regulations shall continue in full force and effect. 2. If the application of any provision of these regula- tions to any tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: a. The effect of such decision shall be limited to that tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree ~f invalidity w~~~ i~eii~~~r~u,t ; and b. Such decision shall not affect, impair or nullify these regulations as a whole or the application of any provision thereof, to any other tract of land. ARTICLE III PROCEDURE SECTION 1. PRE-APPLICATION PROCEDURE 1. Prior to the filing of an application for approval of a plat, the subdivider shall submit to the Planning Commission, at any regular meeting, a Preliminary Outline Development Plan, which shall include any one or all of the following items of information, in accordance with requirements to be determined by the Planning Commission in individual cases: a. Topographic Data. A topographic survey prepared by a rer;istered land surveyor or licensed engi_ i~c~r, or, alternatively, topographic data com- l,i 1 ea Ly pho L<~ ~i•,~nnne Lt~ic methods , Showing (1) Boundary lines (approximate). (2) Easements: location, width, and purpose. 6 • #• • ~ ~ ~, (3) Streets on and adjacent to the tract; their name or names; the width and location of the right-of-way; the type, width and elevation of surfacing; the curbs, gutters, sidewalks and culverts. (4) Utilities on and adjacent to the tract; the location, size, and invert elevations of sanitary sewers, storm drainage facilities, and water mains; the location of gaslines, electric and telephone lines, fire hydrants and street lights. If water main, sanitary sewer, or drainage facilities are not on or adjacent to the tract, the survey may indi- cate the direction and distance to, and the size and invert elevation of, the nearest extensions of such utilities. (5) Ground elevations on the tract. (6) Drainage conditions on the tract: location and extent of water courses; low areas sub- ject to innundation on a 50-year storm frequency; perpetual drainage easements. (7) Other conditions or features on the tract: rock outcrop, wooded areas, isolated pre- servable trees; existing b~~ildings and other significant features. (8) Other conditions on adjacent land: for the first 200 feet from subdivision boundary approximate direction and gradient of ground slope, including any embankments or retaining walls; location and character of nearby land uses and buildings; owners of adjacent unplatted; adjacent platted land including subdivision name, recording date, and number. (9) Zoning on and adjacent to the tract. (10) Key plan showing location of the tract. ~_ I't•c~iminary Outline Development Plan. a. Tyre Preliminary Outline Development Plan shall be pz~cF~ared on a copy of the topographic survey at a scale of one hundred (100) feet to one inch or larger for single family residential development, multiple family residential, public accommodations, and commercial development. Such plan may be a free-hand drawing and the Planning Commission may require that it show all development proposals, including the following: 7 ~~: ~.. r ~ • ~ ~ ~s~ (1) Streetso rights-of-~~ray and roadway widths;' approxir!iate grades and gradients, center- line radii. (2) Other rights-of-way and easements location, width, ans purpose. (3) Storm drainage system. (4) Spot elevations and slope ratios for any heavy grading. (5) Lot lines, lot numbers, and block numbers. (6) Sites, if any, to be dedicated or reserved for public uses. (7) Sites, if any, for multiple family dwelling, public acconuuo~~at-ions, coiYUUer~ial uses or other non-public uses exclusive of ~in~1P family residential uses. (8) Site data, including number of residential lots, typical lot size, and number of acres devoted to various uses. (9) Key plan, legend, and notes. (10) Title, scale, north arro=a, name of designer of the subdivision and date. (11) Detailed plans for cut and fill operations in mountainside subdivisions including slope ratios, method of compaction, pro- posed retaining walls, and other informa- tion as necessary to male determination as to the acceptability of such operations. b. The Planning Commission may require submission of other data, certificates, or documents which it deems necessary for adequate review in particular cases. 3. The Planning Commission may transmit copies of the Yi•c.l 5 rtiinary Outline Development Plan to one or more of the following agencies for review and comment: a. Police Department. b. Fire Protection District. c. Vail [^7ater and Sanitation District. 8 r , _,• . d. Public Service Company of Colorado. e. r~iountain States Telephone Company. f. Eagle County School Board. g. Department of Fublic t~~orks. h. Architectural Control Comr-ittees. ~~~ i. Other interested agencies when applicable. Such agencies shall be required to make recommenda- tions within ten (10) days from the date of receipt of the Preliminary Outline Development Plan. Failure to make recommendations within the prescribed ten-day period shall be deemed an approval of the proposed development. 4. The Planning Commission shall review the Preliminary Outline Development Plan for compliance with these regulations, the Zoning Ordinance and Land Use -faster Plan. Due consideration shall be given to the recom- mendations made by public agencies and utility com- panies. The Planning Commission shall negotiate with the subdivider on tine type and e~;tent of improvements to be installed and on any modifications deemed advisable. In the course of such necrotiations the Planning Commission may enter into tentative agree- ments cuith subdividers in respect to proposed land dedications or reservations under procedures provided for in Article V, Section 6. The Flanning Commission may conduct such investigations and may hold such hearings, as it deems necessary far the obtaining of complete information in a given case. 5. !>Tithin forty-five (45) days after the Planning Com- mission receives a Preliminary Outline Development Plan, or within such longer period of time as shall be determined by agreement between the manning Commission and the subdivider, the Flanning Commis- sion shall reviow the Prelirinary Outline Development Plan, and shall report its findings in respect thereto. T:~ithin such forty-five--day period, or within such longer L~eriod, an agreement or agreeiricnts, if any, entered into under Article V, Section 6, shall ?~e sub-- muted by the Planning Commission to the Board of Trustees for action by the Board of Trustees in accordance with procedures set forth in the afore- n~cntioned 1~rticle V, Section G . 9 ~ ~ • • • ~~ SECTIOi~1 2. SUIIP:'.ISSION OF PLAT - HEARING 1. At any time within one year after the Planning Com- mission has completed its review of a Preliminary Outline Development Plan, and has made its report in respect thereto, the Planning Commission may accept the submission of a plat based thereon, which plat shall embrace substantially the same geographical area embraced by such Plan. Plats shall be submitted in quadruplicate at any regular meeting of the Planning Commission. 2. The Planning Commission shall give public notice and shall hold a public hearing on any plat submitted to it for its consideration, at which public hearing interested parties shall have the opportunity to be heard. Notice shall be sent to the party whose name appears on the plat by certified mail of the time and place of such hearing not less than ten (10) days before the date fixed therefor. similar notice shall be mailed to the owners of land immediately adjoining the platted land, as their names appear upon the plats in the County Clerk's office and their addresses appear in the directory of the municipality or in the tax records of the munici- pality or county. :;. ;°7ithin thirty (30) days after the submission of a plat to the Planning Commission, such plat shall be approved or disapproved by the Planning Coirunission, which shall state its findings in writing. 4. The Planning Commission shall not receive submission of a plat unless, within one year preceding such submission, it has received, and has made a report in respect to, a Preliminary Outline Development Plan, drawn in accordance with its requirements, as pro- vided by the terms of Section 1 hereinabove contained. SECTION 3. FINAL PLAT AND SUPPLE1ErlTARY PT.ATERIAL The Final Plat and Supplementary ~•"iaterial shall contain the following information: 1. Final Plat: The final plat shall be drawn in India ink or_ other substantial solution on a reproducible mec?ium with outer dimension of 24 inches by 36 incYles, and shall be at a scale of one hundred (100) feet to one (1) inch or larger. The plat may consti tute only that portion of the approved Preliminary Outline Development Plan proposed for immediate recording. The final plat shall show the following 10 s ~• • ~ ~~ a. Descriptions of primary control points to which ail dimensions, angles, bearings, and similar data shall be referred. b. Tract boundary lines, right-of-way lines of streets, easements and other rights-of-ceay, and property lines of residential lots and other sites; with accurate dimensions, bearings, or deflection angles, and radii, arcs or cYiords, and central angles of all curves. c. I1ame and right-of--way width of each street or other rights-of-way. d. Locations, dimensions and purposes of any easements. e. Numbers to identify each lot or site, and each block. f. Location and description of monuments. g. Legal description of the property, together caith a complete reference to the book and page of county records. h. Certification of title shocaing that the sub- divider is the landocuner. i. Certification by civil engineer or surveyor certifying to accuracy of survey and plat. j. A signature lire for Planning Conunission approval. k. flame of the proposed subdivision or development. 1. Title, scale, north arrow, and date. m. Titles: present tract designation according to official records in the office of the Eagle County Clerk and P.ecorder; title under which proposed develoUrient is to be recorded, with names and addresses of owners. n. Certificate of the civil engineer or surveyor, who shall be licensed by the Colorado State Board of I:szmi nc~rs f_or engineers and Land St~rv~yors . n. otl;er data.; natation stating total acreage, scale, north arrow, datum, benchmarks, date of survey. 11 2. Supplementary Tiaterial: a. Perpetual drainage easements and protective covenants in for:; for recording. b. Other data, certificates, affidavits, or docu- ments as may be required by the Planning Com- mission in the enforcernent of these regulations. ARTICLE IV ti1INOR SUBDIVISIONS :Minor subdivisions, as defined herein, shall be exempt from the requirements relating to the submission of a Prelir~linary Outline Development Plan. The subdivider shall submit to the Planning Commission, at any regular meeting, five copies of the minor subdivision plat. The plat shall contain any one or all of the items of informa- tion required for a plat under Article III, Section 3, in accordance ~9ith requirements to be determined by the Planninr, Commission in individual cases. The Planning Commission shall hold a hearing and approve or disapprove the plat in the same manner set forth for the consideration of plats under article III, Section 2. ARTICLE V DLSIGIT STAl.1DARDS SECTIO:~T 1. G%IdERAL DESIGN COiJSID1RATIOPIS 1. A proposed subdivision shall comply substantially with the Land Use taster Flan for the Town of Vail, with particular respect to major street rights-of- way, major utility easements, and public open spaces. 2. A subdivision shall be designed in such manner as to avoid casting an undue burden on the s~reet system, sto~~rn drainage system, or other municipal facilities, utilities, and services on or adjacent to the tract. 3. A proposed su~adivision shall be designed in such manner as to be coordinated with adjoining subdi- visions with respect to alignment of streets and utility and drainage easement rights-of-caay; and reservation of open spaces. 12 ~ ~• a •~ ~ 4. Subdivision design and layout shall give considera- tion to the preservation of ~tilooded areas, streams, unusually attractive topography, and other desirable natural landscape features. SECTIOPI 2. STREETS ANT) CIRCUL?'~.TIOt1 FACILITIrS 1. Arrange lent of Streets a. The arrangement, extent, width, type and Loca- tion of all streets shall be considered in their relation to existing or planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of land to be served. b. 6~~here the arrangerient of streets is not shown on the Land Use i:aster Plan, street arrange- ment shall provide for the continuation or pro- jection of existing streets on adjacent land. c. Streets shall be extended to the boundaries of the property, except where such extension is prevented by topography or other Physical conditions; or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous develop- ment of adjacent properties. d. ~~]here future extension of a street is antici- pated, a temporary turn-around having a mini- mum outside diameter of sixty-five (65) feet shall be provided. 2. Closed Fnd Streets a. Closed end streets shall be provided with circular turn--arounds or T-shaped or Y-shaped terrnini_i with minimum dimensions as follows (1) Circular turn-arounds shall have a minimum outside right-of~way diameter of eighty (80) feet, and a minimum pave- ment diameter of seventy (70) feet; with ap~~roval of Planning Commission sixty- five (65) feet diameter may be allo<<aed on steep hillsides. (2) A T-shaped or Y-shaped terminus may be provided in mountainside su?divisions as an alternative to the circular turn- around. ''?here rrovided, the `'wings" of 13 • ~• • •~ ~ such T or Y shall be at least twenty (20) feet deep, measured from the street boundary, and at least twelve (12) feet ~~aide, exclusive of parkinr, space. Curbs at the intersection of the street and the "wings`" of the T or Y shall k~e rounded with a minimum radius of twenty (20) feet. 3. Intersections: a. Streets shall intersect as nearly as possible at right angles. ~Io street shall intersect any other street at any angle of less than forty-five (45) degrees. b. Right angle street intersections shall be rounded with a minimum radius of twelve (12) feet at the intersections of minor streets with collector streets, and a minimum radius of twenty--five (25) feet at the intorseuLi~r~U of collector streets with arterials. c. If an intersection occurs at an angle other than a right angle, it shall be rounded with a curve of a radius acceptable to the Planning Commission. 4. Public Street Rights-of-~~'ay and Pavement 'Widths A~linimura rights-of-way and pavement widths ~ in feet : Street Type Right-of-Jay I^Jidth Pavement ti•Jidth Collector 50' 26' i.iinor {i•Zultiple family or. public 40' 26' accomrnodatior.~ dev. ) %~inor (Single 4C' 22' family residential dev). 5. I~orizontal nlignment~ Cross through streets which cannot be directly aliened at intersections shall be separated by horizontal offset of not less than one hundred twenty-•five (125) feet between centerlines, pro- vided that this requirement shall not apply to the alignment of slzort opposing closed enct streets. 14 • ~ ~ ~ ~, ~ • 6. Vertical Alignment a. i1o vertical grade shall be Less than 0.5 percent, ir. order to facilitate adequate drainage. U. I~aaxirnum percent of street grade, except as provided in c. below> T;:inor Streets 10°; Collector Streets 9 Arterial Streets 5~ c. Street grades shall not exceed four (~) per- cent for a distance extending at least forty (40) feet in each direction from a street inter- section. 7. Visibility requirements: a. I,linimun forward sight distance of fifty (50) feet to be maintained throughout the vertical and horizontal alignments measured from a point four (4) feet above the centerline to a point eighteen (18) inches above the centerline. b. Ito substantial impediment to visibility bettveen the heights of three (3) and eight (8) feet shall be created or rr<aintained at street inter- sections within a triangular area described as follows: Beginning at the point of intersection of the edges of the driving surface, then to points twenty five (25) feet along both intersecting edges, and then along a transverse line connectinq these points. 8. Street Flames dames of new streets shall not duplicate names of existing streets. T?e~~~ streets which are extensions of, or which are in alignment with, existing streets shall bear the names of such existing streets. 9. P~:ivate Streets: Private streets shall be exempt from the regulations contained in this sub-section provided such streets afford no abutting properties reasonably adequate access for entry by private and emergency vehicles. 15 • ~• • •~• SECTIOP~I 3. UTILITY EASEP~iENTS 1. t?here necessary for installation and maintenance of utility systems, easements at least ten (10) feet in width s:~all be providod along rear and side lot lines, or at other locations which will not inter- fere eaith the siting of buildings. 2. e7here a subdivision is traversed by a ~aater course, drainage caay or stream, there shall be provided a perpetual drainage easement conforming substantially with the lines of such water course, and of such width as necessary and adequate to carry off the predictable volume of storm water drainage. 3. Right-of-access easements shall be provided in mountainside subdivisions for access to any cut and fill slopes outside street rights-of-way. 4. In general, utility systems shall be arranged and located in such manner as to avoid cross connections, minimize trenching, and adequately separate incom- patible systems. SECTIOTJ 4. ~:~LOCKS 1. The lengths, widtTis, and shapes of S~locks shall be determined with due regard to the following a. Provision of adequate building sites suitable to the special needs of the type of use con- templated. b. T~1eed for convenient access, and control and safety of vehicular and pedestrian traffic circulation. c. Limitations and opportunities of topography. SE~`I'IOi1 5. LOTS 1. In general, .iot area, width, depth, shape and orientation shall be appropriate for the location of the subdivision and the development and use conternplateci; and shall facilitate the placement of buildings ~•~ith sufficient access, outdoor space, privacy anu view. 1G ~ ~ • • • ~ • 2. Depth and width of properties reserved or laid out for multiple family, public accommodations and corrlmmercial purposes shall be adequate to provide for the off-street parking and service areas required by the type of use and development contemplated. 3. Corner lots for residential use shall have extra width to accommodate the required yard setback on both street frontages. 4. Each lot shall have satisfactory access to an exist- ing public or approved private street. 5. Insofar as is practical, all lot lines shall be at right angles to straight streets and radial to curved streets. SECTIOiJ 6. PUDLIC SITES 1. I~Io plat shall receive the approval of the Planning Commission unless the subdivider makes a dedication of land equivalent to at least eight (8) percent of the total acreage of the proposed subdivision (not including the streets thereof) for parks and open spaces as provided by, or as is consistent with, the Land L'se T~iaster Plan. The Planning Commission, how- ever, may agree with the applicant upon a dedication of less than eight (8) percent of such acreage pro- vided such lesser percentage is reasonable in res- pect to the proposed use, height, area and bulk specifications contained in such Preliminary Out- line r~evelopment Plan governing buildings and pre- ~~ises ~~rithin the proposed subdivision. In consider- ing the reasonableness of any such proposed dedica- tion the Planning Commission shall consider the requirements of the Land Use Master Plan, the topography, geology and location of Land in the area of the proposed subdivision, the proximity and availability of existing open space or open spaces, the character of the neighborhood involved, the needs likely to be generated ay such proposed subdivision, traffic requirements, and the size, use or other conditions of the property in respect to which application is made. 2, In lieu of a dedication as hereinabove provided, the Pls.iining Commission may agree to approve, and the applicant may agree to make, a reservation of public open space located on the property for which application is made, provided such reservation meets the standard of reasonableness required hereinabove in the case of a dedication, and provided further 17 • ~• ~ •~ • such reservation contains guarantees which assure the public right to use and the permanency of such reserved open space as an integral part of the pro- posed subdivision, and for its maintenance and upkeep. 3. In lieu of dedication as hereinabove provided, the Planning Commission may agree to approve, and the applicant may agree to make, a reservation or dedi- cation of land for public purpose other than parks and open spaces. 4. where suitable and adequate private open space and recreational facilities are provided, public land dedication and/or reservation may be waived in total or in part by agreement between the Planning Commis- sion and the developer. 5. No such agreement shall be considered by the Board of Trustees which is not authorized under the Statutes of the State of Colorado, or which is in violation of the Vail Zoning Ordinance, or which is not the voluntary agreement of the parties thereto. No such agreement shall be approved by the Board of Trustees unless it finds such agreement to be reasonable and in the public interest. 6. No such agreement shall be binding for any purpose until the same has been submitted to the Board of Trustees for its consideration, and until the same has been approved by the Board of Trustees. ARTICLE VI REQUIRED ITIPROVEP1ErJTS SECTION 1. GE1ERAL REQUIRl;r•IENTS 1. Street and utility improvements shall be provided on each new subdivision in accordance caith the standards and requirements hereinafter set forth in Section 2. 2. T•1o plat shall receive final approval unless the sub- divider shall have met one or more of the folbwing requirements a. Constructed all improvements in accordance with Planning Commission requirements; or b. Deposited in escrow a sum sufficient to cover the cost of required improvements; or 1S • ~ • • • ~ • c. Furnished such performance bond or bonds as may be determined by the Planning Commission to be reasonably necessary to assure perfor- mance in accordance with the plat and to pro- tect the public interest in the event of aban- donment of said plat before completion. 3. No plat shall receive final approval until the developer furnishes plans and specifications show- ing all proposed streets, grades, elevations and drainage systems. Before the expiration date of the performance bond, the Town Engineer shall cer- tify that all required improvements have been con- structed in accordance with these reerulations and in accordance caith the plat filed by tYie subdivider. If the improvements have not been constructed the Planning Commission shall notify the subdivider and, if necessary, the bonding company. rdo plat shall be approved by the Planning Commission as long as the subdivider is in default on a previously approved plat. SECTION 2. STREET II~IPROVEPIEidTS The following street irprovements shall be provided in each new subdivision in accordance with requirements and standards hereinafter specified. 1. Paved streets shall be constructed in accordance with Town of Vail specifications for street and road construction, which specifications are on file in the Town Office. 2. L3ridges, culverts, and open drainage channels shall be provided ~•ahere required by the Planning Cor;~mi ss ion . SLCTIOid 3. UTILITY IP;PROVEi~~LTITS The following utility improvements shall be installed in each new subdivision in accordance with requirements and standards hereinafter specified. 1. Storm Drainage System: The storm. drainage system shall be of sufficient size and design to carry off all predictable sur- face water runoff within the subdivision or development, and storm water drainage cahich enters the development from adjacent areas. Conduits, drains, ditches, storm sewers, and other drainage improvements may be required where deemed necessary by the Planning Commission. ~.9 • ~ • • ~ r 2. Potable eater System: The potable water system shall be connected to the water system of the Vail Mater and Sanitation Dis- trict, and shall be of sufficient size and design as will, in the opinion of the Town Engineer, adequately supply water to each building to be erected in the development. Construction details shall be in accordance with Vail slater and Sanita- tion District specifications. All water system installations shall be subject to all Town Ordi- nances and agreements relating thereto. 3. Fire rydrants : Fire hydrants shall be installed at street inter- sections or as necessary to assure that no building is located a distance in excess of six hundred (GQO? feet from the nearest fire hydrant. 4. Sanitary Sewage System' The sanitary sewage system shall be connected to the sanitary sewage system of the Vail ~•later and Sanitation District, and shall be of sufficient size and design to collect all sewage from all proposed or probable structures in the development. The sanitary sewage system. shall other~•~ise be constructed and maintained in conformity with the requirements and standards of the Vail water and Sanitation District. SEC`PIOi1 4. IIISTALLATIOId OF OVEP.SIZED UTILITIES AND I~-1PF,OVE.~IE~1TS If a developer is required to provide excess capacity water or sewer lines or other improvements, arrangements shall be made for reimbursement, whereby the developer shall be allo~red to recover extra costs of providing water or sewer lines, streets, culverts, bridges, etc., of capacity in excess of the needs of his own develop- ment. SECTION 5. OTIiER I:'1PROVET~Ei~ITS 1. Telephone and electric lines, television cables, and similar utility installations shall be placed underground. Electric transmission and distribu- tion feeder lines and communication trunk and feeder lines and appurtenances necessary thereto may be placed above ground. Transformers, switching 20 boxes, terminal boxes, meter cabinets, pedestal ducts, and other facilities necessarily appurte- nant to underground utilities may also be placed above ground. 2. Permanent reference monuments of stone or concrete, at least thirty-six (3G) inches in length and six (6) inches square or round with suitable center point, shall be located and placed within the sub- division or development as required by the Town Engineer. Iron pin monuments, at least twenty- four (24) inches long and flush with the surface, shall be placed at block and lot corners on boun- dary lines where there is a change in direction, at all block and lot corners, and at other points as required by the Town Engineer. ARTICLE VII TECHNICAL VARIANCES SECTION 1. CRITERIA FOR GRATJT OF TECIiNICAL VARIANCE Where the Planning Commission finds that technical difficulty or disadvantage may result from strict com- pliance erith the design standards herein set forth, it may vary, modify, or waive the application of such standards, in particular cases, provided that the granting of any such variance, modification, or waiver does not have the effect of nullifying the intent and purpose of these regulations or the Land Use riaster Plan, and provided further that substantial rights are not thereby altered, affected or impaired. Applications for variance may be submitted together with the Prelimi- nary Outline Development Plan. ARTICLE VIII DEFINITIONS SECTIOTd 1. :~:ULES OF COTJSTRUCTION OF LAT3GUAGE For the purposes of these regulations, words used herein shall be interpreted in accordance with the following rules: 1. The particular controls the general. 21 • ~ • • • ~ • 2. In case of any difference of meaning or implica- tion between the text of this chapter and the captions for each article, the text shall control. 3. The word 'shall" is mandatory unless the context clearly indicates the contrary. The word "may" is permissive. 4. ~~dords used in the present tense include the future, unless the context clearly indicates the future tense. 5. tJords used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary. SECTIOid 2. SPECIFIC LORDS AIJD PHP.ASES ~9hen used in these regulations the following words and phrases shall have the specific meaning as hereinafter defined. 1. Block: r parcel of land bounded on all sides by a street or streets, or some other defining ele- ment such as public property, stream bank, etc. 2. Dedication: A grant of the owner, of a right to use land, to the public in general, involving a transfer of property rights, and an acceptance of the dedicated property by the appropriate public agency. 3. Drainage Easement: A grant to the Town of the right to control development of a drainage right- of-c~ay or an area subject to periodic flooding. 4. Easement: A grant of land by the o~•aner, for the specified use of such land, to the public in general. 5. Land Use iTaster Plan: The Plan for guiding and controlling the physical development of land use and circulation facilities in the Totan of Vail and any amendment or extension of such Plan. 6. Lot: A parcel of land intended for transfer of oc•:nership or building development, having twenty (20) feet minimum access to a puh7ic or aYpruvc.~ ~arivate street. 22 • ~• • •~~ 7. Tlountainside Subdivisions A subdivision as herein defined, developed on a tract of land with an average slope in excess of fifteen (15) percent. 8. Plat: A map, drawing or chart upon which the sub- divider presents proposals for the physical develop- ment of a subdivision, and which he submits for approval and intends to record in final form. 9. Reservation: A legal obligation to keep property free from development for a stated period of time, not involving any transfer of property rights. 10. Right-of-jJay: The width betcaeen property lines of a street. 11. Street--Public: Away for vehicular traffic, fur- ther classified and defined as follows: a. Arterial streets are those cahich permit the relatively rapid and unimpeded movement of large volumes of traffic from one part of the community to another. b. Collector streets are those which collect traffic from minor streets and carry it to arterial streets or to local traffic genera- tors. Collector streets include the principal entrance streets to a residential development, those linking such adjacent developments, and those streets providing circulation within such developments. c. I~;inor streets are those used primarily for direct access to properties abutting the right-of-way. Iinor streets carry traffic havi~lg an origin or destination within the development and do not carry through traffic. 12. Street--Private: A suitable improved private road as determined by the Planning Commission, cahich provides emergency vehicle access to abutting properties without undue hazard to public property or residents. 13. subdivider: Any person, individual, firm, partner- ship, association, corporation, estate, trust, or any other group or combination acting as a unit, dividing or proposing to divide Land so as to constitute a subdivision as herein defined, in- cludinc~ any agent of the subdivider. 23 ~ ~ • • • • 14. Subdivision: a. The division of a parcel of land into two or more parcels, sites, or lots for the purpose, whether immediate or future, of transfer of ownership or building development, provided that the division of land into parcels of more than five (5) acres which does not involve the creation of any new streets or easements of access shall ?~e e:~emptedr or b. The improve~~ent of one or more parcels of land for residential or commercial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets, the divi- sion or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sanitary sewerage, water, storm drainage or other public utilities or facilities. 15. Subdivision--t2inor: The term `°minor subdivision" means any subdivision containing not More than four (4) lots fronting on an existing street, not involving any new street or road. or the extension of municipal facilities and not adversely affecting the developrent of the remainder of the parcel or adjoining property and not in conflict ~~ith any provision or portion of the ::aster Plan, official map, or Zoning Ordinance if such exists, or these regulations. READ, PASSED, ADOPTED 11I.1D ORDERED PUELISHE this 12th day of January 1970. ~, G~ ~'' /s/ John A. Dobson ATTEST : r!ayor ~i~i~/' `~'~' /s/ F. Blake Lynch Tocm Clerk (SEAL) 24