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.
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C.
Section ~
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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:
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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.
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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.
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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.
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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
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