HomeMy WebLinkAbout1970- 4 Regulating the Subdivision of Land in the TOV< ~~.
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TABLD OF COT3TETdTS
OP.DINANCE T3O. 4
Series of 1970
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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
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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
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ORDINANCE N0. 4
Series of 1970
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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
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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.
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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.
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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.
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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:
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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.
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(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:
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(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.
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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.
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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 .
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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• ~ • • ~ 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
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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.
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• ~ • • • ~ •
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.
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• ~• • •~~
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.
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~ ~ • • • •
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)
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