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HomeMy WebLinkAbout1984-17 Emergency Ordinance Setting Forth Provisions for the Protection of the Inhabitants of the Town of Vail From Geologic Hazards and Providing Details in Regard Thereto• • • ORD I NANC1; # 17 (SERIES OF 1984) AN EDIERGENCY ORDINANCE SETTING FORTH PROVISIONS FOR THE PROTECTION OF T11E INHABITANTS OF TIIIa; TOWN OF VAIL FROriS GEOLOGIC IIAZARDS AND PROVIDING DETAILS IN REGARD THERETO. WIIE1?,EAS, recent developments within the Town indicate that it is essential that subdivisions and construction in the Town of Vail affected by geologic hazard be regulated for the protection o:f the health, safety and welfare of the inhabitants of the Town, an d WHEREAS, the Town Council and the Town staff are in the process of studying the best possible way to handle geologic hazards within the Town of Vail, and WIIEREAS, because the building season is approaching it is necessary to set forth a temporary means of dealing with the problems created by geologic hazards until a permanent solution can be hound. NOW, TITEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL AS FOLLOWS: Section 1. Purpose. The purpose of this ordinance is to protect the inhabitants of the Town :from dangers related to development in areas identified as geologic hazards and to protect ~~he economic and property values, the esthetic and recreational values and the natural :resources which are sometimes associated with geologic hazards and to protect the public health, safety and we ].fare. Section 2. For the purpose of this ordinance geologic hazard means landslides, rockfalls, mud flows, debris flows, unstable or potentially unstable slopes, ground subsidence and faulting, expansive soil or rock or any manmade modifications to slope which may be cause significant hazard to life or property. Section 3. For the purposes of this ordinance, development plan means the following whenever relevant: A. 13, C. Section ~ -2- Preiiminary plan far a major subdivision or A development plan for a special development district or The final plan for a minor subdivision, unless waived for good cause by the Community Development Department. The following special restrictions are imposed for the development of geologic hazard areas: ~. In any area identified as a geologic hazard area by either a master plan or map of the Town of Vail, the subdivision process of the Tawn of Vail or any reliable study done by a geologist or engineer, no development plan and no building permit for a new structure shall issue except as otherwise provided herein until site specific investigation has beery conducted and reviewed. For the purpose of this section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. AlI reports and studies required in this section shall be prepared under the direction of and at the expense of the owner/applicant and submitted to the Department of Community Development. The Community Development Department then shall have the discretion to send any report or study to the Colorado Geologic Survey for their review and recommendation. I3. The extent of the site specific geological investigation required shall be determined by the geologist or engineer who is responsible :for the investigation; however, the investigation shall be of sufficient thoroughness and aaccuracy to allow a geotechnical expert to cextify whether the geologic conditions are such that the site can or cannot be developed for the specific structure or use proposed without corrective engineering and engineered construction or whether corrective engineering and engineered construction, can or cannot be accomplished to eliminate the danger to the public health, safety or to property due to geologic hazard. ~Uhen any geotechnical study disturbs the surface of the area studied, construction on said area is not to be instituted within three {3) months of said study, then the owner will revegetate the area and return it to the same condition it was prior to the geotechnical investigation as much as is reasonably possible. ~.~ ]3. following the completion of the site specific geologic investigation, a development plan may be approved or a building permit issued as .('allows 1. If the conclusion of the engineer or geologist performing; the investigation is that the site can be developed for the specific structure or activity proposed. without corrective engineering and engineered construction, the development plan may be approved without conditions relating to the mitigation of geologic hazard and the building perm3_t may be issued. 2. If the finding of the engineer or geologist performing the geologic investigation is that the site is subject to geologic hazard but that corrective engineering and engineered construction can be accomplished to eliminate danger to the public health and safety or to property duo to such geologic hazard and such mitigation does not increase hazard to adjacent property or structures, approval of the development plan for the issuance of the building permit shall be conditional and contingent upon approval of plans for corrective engineering and engineered construction as set forth in this ordinance. 3. If the conclusion of the geologist or engineer during the geotechnical investigation is that the site cannot be developed for the structure or activity proposed due to the danger posed by geological hazard, the development plan or building permit shall be denied. C. The following requirements shall pertain to the construction of any building or structure to be built in an identified or designated geologic hazard area which requires corrective engineered construction to eliminate danger to the public health and safety or to property due to geologic hazard as set forth in paragraph ~ 2 above. The certified site specific reports and plans required by this paragraph shall be prepared by each engineer and geologist as applicable to their area of specialty. ~., Town approval of all reports, designs, and actual (as built) construction plans sha11 be required. ~]ll reports shall indicate that: -4- a. Adequate base data, including engineering, geology, hydrology and soils engineering and related information have been providE.d; b. Said base data is utilized in the design and planning of the proposed project; c. Design and construction procedures derived from said base data are executed; and d. Design and construction will reduce danger to the public health and safety or to property due to geologic hazard. 2. The following certified site specific reports and plans steal:l be prepared by the owner/applicant and submitted for approval to the Town Engineer and Building Official or their authorized representa- tzve prior to the issuance of a juilding permit: a. An engineering geology report, including an adequate description of the nature, distribution and strength of the existing soils of the site, conclusions regarding the effective soils condition on the proposed project and recommendations as to design criteria for corrective measures whenever necessary. b. Other reports and recommendations as determined necessary by the engineer or geologist pertaining to hydrology, slope, rockfall or other factors to be filed as separate reports or included in the reports required in Section 2 (a} and (b}. c. Plans and specifications for the proposed project and a report describing how the recommendations presented in the above noted report are incorporated into said plans and specifications. 3. No certificate of occupancy shall be issued until the fallowing have been approved by the town engineer and building official or their authorized representatives: a. Professional inspection and certification that the work was done in accordance with the plans and specifications set forth above. b. Preparation or review and certification of revised recommendations and/or plans and/or specifications as required for original reports, plans and specifications in subsections 1 and 2. • -5- c. Preparation and submission of final reports and/oz' p:Lans to include the summary of the tests conducted during construction and certification as to the adequacy of the site for the intended use and that the works has been done in accordance with the final approved plans and specifications. ~. If in the course of fulfilling their responsibility under this chapter, the engineer or geologist rind that the work is not be:~ng done in accordance with the approved plans and specifications, the descrepancy shall be reported immediately, in writing, to the contractor and to the building official of the Town. Recommendations for corrective measures, if necessary, shall also be submitted. 5. If the engineers or geologists of record are changed during the coarse of the work, the work shall. be stopped until the replacement has agreed to accept responsibility within the area of their technical competence with certification of work completed under their inspection and supervision. 6. All geological reports prepared under this Chapter sha11 be signed by and prepared by or under the responsible direction of professional geologists as defined by Colorado Revised Statutes, Section 34-~-201, as amended. Such professional geologists shall be experienced and competent in the geologic specialty required to meet the 'objectives of this Chapter. Such professional geologist shall be responsible for certification of all geologic maps and reports prepared by him under his responsible direction as specified in this section. All engineering reports required by this section shall be done by a registered professional engineer as defined by 1.2-25-1.02 CRS as amended. D. The following procedures shall be used in deciding cases in which the boundary of a designated geologic hazard area is disputed or i~n cases where because of local, detailed circumstances, the designated hazard conditon does not present a significant hazard to public he<~lth, safety or to property at the specific location for the particular proposed land use. • -6- • • Tn a1l suckz cases, the person contesting the designated geologic hazard area boundary ar the severity of conditions at a specific lacat:i.on within the designated geologic hazard area, shall bra given a reasonable opportunity to present its case to the Town Council and submit technical and geologic evidence to support his claim. The Town Council shall not allow deviations from the boundary lines as mapped or changes in the designation of a particular piece of property as a hazard area unless technical and geologic evidence clearly and conclusively establishes that the mapped location of the line is incorrect ar that the conditions affecting the specific property do not present a significant hazard to public health, safety or to property at the specific location within the hazard area boundary for the particular proposed land use. Section 5. This ordinance shall. be in effect for only sixty (60) days from tkae date it becomes law unless the Town Council extends said sl.xty (60) day period lay a majority vote. Section 6. The Town Council finds that due to the danger to people and property within the Town because of geologic hazard, this ordinance shall be passed as an emergency ordinance for the preserva-- lion a~f the public property, health, welfare, peace, or safety and shall take effect immediately upon passage. Section 7 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall. not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares i.t would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section S The Tawn Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. • • ~r ,'j_. Section 9 The ropeal or the repeal and reenactment of any provision of the Vail b~Zunicipa7. Code as provided i.n this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue o.~ the provision repealed or repealed and reenacted. The repeal o.f` any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. xN'l'I.~,ODUCED, READ AND APPROVED AS AN EMERCrENCY ORDINANCE THIS day o~f' 1984, and ordered published in fu1.1. Rodney E. Slifer, Mayor ATTLST: Pamela A. Brandmeyer, Town Clerk M