HomeMy WebLinkAbout1973-14 Providing for the Review of all Landscaping as required by the Zoning Ordinace and the Sign Ordinancey' ORDINANCE N0, 14
(Series of 1973)
AN ORDINANCE PROVIDING FOR THE REVIEW OF ALL LANDSCAPING
A5 REQUIRED BY THE ZONING ORDINANCE AND THE SIGN ORDI-
NANCE, WlTH1N THE TOWN OF VAIL; I'ROVIDiNG REVIEW PROC1=-
DURES AND CRITERIA; ESTABLISHING PERFORMANCE BONDING
THEREFOR; REQUIRING MAINTENANCE THERE01=; RfJD SETTING
FORTH MATTERS IN RELATION THERETO AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF.
WHEREAS, the Town of Vail wishes to make the environment
more desirable and the community a more attractive place in
which to live and work; and
WHEREAS, the Town of Vail has adopted a new zoning ordinance
and a master plan and wants to assure that all' new landscaping is
in conformance with the zoning ordinance and in harmony with the
master p Ian; and
WHEREAS, certain trees, shrubs, and ground cover are more
suitable for the Montane (Canadian) zone and the Town of Vail
wishes to promote the highest survival rate possible; and
WHEREAS, the Design Review Board deems it appropriate to
control the design and maintenance of said landscaping;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO TWAT:
Section I, General Provisions.
I ) Short Title and Code Reference.
This ordinance may be cited as "the landscaping ordinance"
for the Town of Vail, and shall be incorporated in the
Municipal Cade of Vail, Colorado, otherwise referred
to as "Town Code of Vail".
2) Declaration of Purpose.
These regulations are enacted for the purpose of promoting
the health, safety,, morals, and general welfare of the
Town of Vail, and to promote the coordinated and harmo-
nious development of the Town in a manner that will conserve,
protec# and enhance its natural environment and its
established character as a resort and residential community
of high quality.
3) Definitions.
a) Administrator - A member of the Town of Vail staff
appointed by the Town Manager, designated to ad-
minister and enforce this ordinance.
b) Design Review Board - A group appointed by the Town
Council as dictated by the zoning ordinance which
shall consist of three (3} Planning Commission
members and two (2) members appointed from the
community.
c) Indirect Lighting - A light source separated from
the surface and illuminating such Landscaping by
means of spotlights or similar fixtures, which
shall be only as bright as necessary for pleasant
illumination.
d) Landscaping - Planted areas and plant materials,
including trees, shrubs, lawns, flower beds, and
ground cover together with decorative elements such
as walks, decks, patios, terraces, water features,
and like features. For the purposes of this
ordinance, natural or significant rock Out croppings,
trees, or native vegeta#ion shall be deemed land-
scaping.
e) Person - Shall include any person, firm, partnership,
association, corporation, company or organization
of any kind.
Section 2. Design Review Guidelines,
I) Location, design and materials for landscaping should
be native to the area and in keeping with the mountain
setting and alpine character of the Village.
2) Plant species proposed should be tolerant to the Mon-
tane (Canadian) zone in which we are located. A list of
suggested trees is included in this ordinance.
3) Materials used for walks, retaining walls, etc. should
be of native materials such as wood and stone.
4} Landscaping should be in harmony architecturally with
adjacent structures and surrounding natural landforms.
5) Any accent lighting used should be indirect and of
very low wattage.
6} Sculpture and water features should be encouraged.
7) RII landscaping should reflect the intent and spirit
of the master plan.
8} Large sizes of plants should be encouraged.
9) Mass planting should be used to carry out Vail's
attempted reforestation of the valley floor.
Section 3, Permits, Certificates and Approvals Required.
It shall be unlawful for any person to plant trees, shrubs, ground
cover or flowers; construct retaining walls, fountains, paths or
water features; in conjunction with a new structure or an addition
to an existing structure within the Town of Vail, as defined by this
ordinance, without complying with the following requirements:
I) Completion of a landscaping permit application;
2) Review by administrator;
3) Review and approval by the Design Review Board; and
4) Completion of inspection and approval by administrator.
Section 4, Applicat'son Procedures.
Tile procedures to be followed in fulfilling the intent of the land-
scaping ordinance are as follows:
I) A landscaping permit application must be obtained
from the administrator at the same time as application is
made for a building permit.
2) The applicant shall submit a cost estimate of all
landscaping work to be performed and the Design Review
Board shall determine if the estimate is ample to complete
the proposed work.
3) The application must be properly completed and returned
to the administrator with the following information attached:
a} Two (2) complete site plans drawn to a scale of
not less than l" equals Zd' showing location of
structure, recreational amenities, major rock out-
croppings, contours if necessary, parking areas,
trees or groups of trees existing and proposed
with species and size specified, retaining walls
and walkways.
b) Name, address and phone number of person or
persons who will perform the work,
Section 5. Duties of Design Review Board.
The Design Review Board shall review the appearance, lighting,
fiorm and species of ail landscaping required under this ordinance
to obtain approval. The Design Review Board shall make such
aesthetic,judgments necessary to insure that all landscaping re-
quiring approval under this ordinance is in conformance with the
landscaping and zoning ordinances and in harmony with the intent of
the Master Plan and surrounding terrain and the character of the
Town of Vail. The Design Review Board may adopt from time to time
such rules and regulations as it may deem necessary to perform its
prescribed duties, Reviews shall be in conformance with the
procedure outlined in the zoning ordinance.
Section 6. Approval of Design Review Board and Inspection by
Administrator Required.
The administrator upon review and acceptance of a properly completed
landscaping application permit shall forward the application to the
Design Review Board.
Following receipt of the landscaping permit application, the Design
Review Board shall consider said application at its next regularly
scheduled meeting. In the event the Design Review Board is unable
to review all plans at the scheduled meeting, the review may be
postponed until the next meeting if the postponement is approved
by the applican#.
After approval of plans by the Design Review Board and completion
of the work, the applicant shall call far the administrator to
perform an inspection. The administrator shall inspect the land-
scaping to determine if it has been completed in conformance with
the approved plans and the owner shall be notified in writing of
any corrections that must be made.
Section 7, Notice to Maintain or Remove.
if the Design Review Board shall find any landscaping approved under
this ordinance in a poorly maintained condition that is not aesthetic-
ally pleasing, it shall be deemed in violation of this ordinance and
the owner of said landscaping shall be notified by certified mail to
provide proper maintenance and/or remove and replace dead vegetation.
The decision of the Design Review Board shall be subject to appeal
to the Town Council at their next regularly scheduled meeting,
If such person fails to maintain and/or remove such plants within
fifteen (i5) days after receipt of such notice, the administrator
shall cause such landscaping to be maintained at the expense of
the owner, and shall, upon determination of such expenses, certify
same to the Director of Finance of the Town of Vail.
The Director of Finance shall notify the owner of the total costs
incurred for such maintenance, and if the person shall fail within
thirty (3d) days after the date of notification to pay the entire
costs of such maintenance, then such costs shall become a lien
against the property, and the Director of Finance shall certify same
to the Eagle County Treasurer for collection in the same manner as
general property taxes are collected.
The amount certified by the Di
Treasurer for collection shall
tenance and/or removal of said
(15~) and in addition thereto,
ten percent (!0~) representing
of collection.
rector of Finance to the County
include the actual cost of main-
landscaping, plus fifteen percent
shall include an amount equal to
penalty and interest for the cost
Section 8. Exemptions.
The provisions ofi this ordinance shall not apply to landscaping
of existing structures and their sites unless they are substantially
altered nor shall it apply to landscaping performed by the Town
of Vail or afifiiiated Special Improvement Districts. However,
the Design Review Board may require that any area sub,}ect to wind
or water~erosian or aesthetically not atfiractive be revegetated
as specified by the Design Review Board.
Section 9. Performance Bonding.
At the time of approval 6y the Design Review Board and prior to
commencement of landscaping work, the applicant shall submit to the
administrator letters of credit or surety bonds in an amount
suffiicient to cover the cost of the work to be performed as sub-
mitted under Section 4, item 2 of this ordinance.
The Town of Vail shall hold surety bond or letters of credit
until such time as landscaping is completed and certified by the
administrator upon inspection to be in compliance with the
approved plans in conformance with this ordinance.
In the event the landscaping, as approved by the Design Review
Board, is not complete within one (I) year after the Certifiica#e
of occupancy is issued, the Town of Vail shall take the necessary
steps to collect the funds required from the bonding company or
guarantor and complete such landscaping.
Section 10. Suggested Trees, Shrubs, and Reference mater'sal.
The following list of suggested trees is not meant to be exhaustive
and is to serve as a guideline for choosing among the many species
available. Artificial trees or plants of any type are prohibited.
We also suggest the following books for use as reference materiak
in aiding the developer in his choices: Rocky Mountain Horticulture,
George W. Kelly; Meet the Natives, M. Walter Penman; Rocky
Mounta i n Trees, Richard ~! . Preston, J r.
Lodgepole Pine - Pinus contorts
Ponderosa Pine - Pinus ponderosa
Colorado Biue Spruce -- Picea pungens
Engelmann Spruce - Picea engelmannii
Alpine Fir - Abies lasiocarpa
Corkbark Fir - Rbies lasiocarpa arizonica
White Fir - Rbies concolor
Douglas Fir - Pseudotsuga taxifolia
Limber Pine-Pinus flexilis
Bristle-Cone Pine - Pinus aristata
Quaking Aspen - Populus tremuloides
Narrow-leaf Cottonwood - Populus angustifolia
Balsam Poplar - Populus bafsamifera
Mountain Willow - Salix monticola
Southern Park Willow - Salix pseudomonticola
Geyer Willow - Salix geyeriana
5couler Willow - 5alix scouleriana
Rocky Mountain Rlder - Alnus tenuifolia
Rocky Mountain Birch - Betuia occidentalis
Dogwood - Cornus stolonifera
`~Jestern Chokecherry - Prunus melanocarpa
Rocky Mountain Maple - Rcer giabrum
Canada Buffaloberry - Shepherdia canadensis
Red-berried Elder - Sambucus pubens
Pin Cherry - Prunus pennsylvanica
Mountain Ash - Sorbus scopulina
Mountain Mahogany - Cercocarpus montanus
Squaw Currant - Ribes cereum
Kinnikinnick - Arctostaphylos uva-ursi
Greenleaf Manzanita - Arctostaphylos patula
Salmonberry - Rubus parviflorus
Mountain Blueberry - Vaccinium myrtillus
Mountain Balm - Ceanothus veiutinus
Wild Gooseberry - Ribes inerme
Colorado Currant - Ribes coloradense
Wolf's Currant - Ribes wolfii
Mountain Snowberry - Symphoricarpos oreophilus
Shrubby Cinquefoil - Potentilla fruticosa
Wild Rose - Rosa Acicularis, rosa nutkana
Thimbieberry - Rubus delicosus
Mountain Common Juniper - Juniperus communis
Smooth Shad tServiceberry) - Amelanchier pumila
5erv i ceberry or June berry -- Ame I anch i e r a l n i fo l i a
Special Native Grass Seed Mixture:
Intermed. Whit. grass
Timothy
Manchar Bromegrass
Smooth Bromegrass
Orchard grass
Crop Seed
Weed Seed
27.47
17.47
16.85
16,70
16.46
0,54
0.28
Section II. Administration.
I) Appointment.
The Town Manager shall appoint an administrator who shall
administer and enforce this ordinance. This position
may be combined with another position of the Town.
2) Duties.
The administrator shall be responsible for such duties
as prescribed in this ordinance, and shall be responsible
for enforcement of the landscaping regulations.
The administrator may serve notice indicating the nature
of any violation, or requiring the maintenance and/or
removal of landscaping in violation of this ordinance,
on the owner or his authorized agent. The administrator
may call upon the Town Attorney to institute necessary
legal proceedings to enforce the provisions of this or-
dinance, and the Town Attorney hereby is authorized to
institute appropriate actions to that end. The administrator
may call upon the Chief of Police and his authorized agents
to assist in the enforcement of this ordinance.
3) Appeal of Administrative Action,
Appeal from any administrative action or determination by
the Design Review Board or the administrator pursuant to
the provisions of this ordinance may be filed with the
Town Council by any applicant within 30 days following
such action or determination. In the event of appeal,
the Council, after receiving a report from the Design
Review Board and/or the Administrator, may confirm,
reverse or modify the action of the Design Review Board
or the Administrator. A hearing shall not be required.
Failure of the Council to act within 60 days of the
filing of appeal shall be deemed concurrence in the action
of the Design Review Board or the Administrator.
4) Amendments.
The regulations prescribed in this ordinance may be
amended, or repealed by the Town Council.
Section 12. Penalties.
Any person violating any of the provisions of this ordinance shall
be guilty of a misdemeanor and upon conviction thereof shall be
punished for such offense by imprisonment for not more than ninety
(90) days or by a fine of not more than Three Hundred Dollars
($300.00) or by both such fine and imprisonment. Each day such
violation is committed or permitted to continue, shall constitute
a separate offense and shall be punishable as such hereunder.
Section 13. Safety Clause.
The Town Council hereby finds, determines and declares that this
ordinance or any part of provisions hereof, shall be considered
severable and, if any provisions of this ordinance or application
thereof to any person or circumstance is held invalid, such in-
validity shall not affect other provisions or applications.
Section 14. Application of Other Laws.
If any of the provisions of this
the provisions of any other ordi
or enacted in the future, of the
quirements regarding landscaping
differ, the provision containing
wilt apply.
ordinance are inconsistent with
Hance or law, presently existing
Town of Vail, in that the re-
of the respective provisions
the more restrictive requirements
INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED THIS
twenty-first day of August, 1973.
ATTEST:
TOWN CLERK
l
By
MAYOR
TOWN OF VAIL
INTRODUCED, READ, ADOPTED AS AMENDED AND ORDERED
PUgL_ISHED THIS Fourth day of September, 1973.
TOWN OF VAIL
By
ATTEST:
Mayor
Town Clerk