HomeMy WebLinkAbout1993- 6 Amending Title 12 - Streets and Sidewalks of the Vail Municipal Code by the Addition of Chapter 12.16 - Revocable Right of Way Permits~.' _ , ~ +.
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ORDINANCE NO. 6
SERIES OF 1993
AN ORDINANCE AARENDING TITLE 12 -STREETS AND Sllr?EWALKS
OF THE MUNICIPAL CODE OF THE TOWN OF VAIL,
BY THE ADDITION OF CHAPTER 12.16 -REVOCABLE RIGHT OF WAY PERMITS,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town Council ofi the Town of Vail {the "Yawn"} believes it will benefit the
health, safety, and welfare of the citizens of the Town of Vail to regulate the placement of
structures such as buildings, landscaping, and fences on public property such as street right-of-
ways and sidewalks to assure public access to and safe use of the Town's property.
IVOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado:
Title 12 of the Municipal Code of the Town of Vail is hereby amended by the
addition of Chapter 12.16 to read as follows:
CHAPTER 12.16 -REVOCABLE RIGHT OF WAY PERMIT,
Section 12.16.010 -Revocable Riaht of Wav Permit Required
A. No person shall erect or maintain any building, structure, stand, cart, fence,
barrier, post, hedge or other obstruction or encroachment under or upon any street, alley,
sidewalk or other public property without first obtaining a permit from the Community Devebpment
Departmen# under this Section.
B. An applicant for aright-af-way permit shall:
1. File a written application on forms furnished by the Community
Development Department that include the following: the date, the
name of the applicant, the location of the proposed encroachment
or obstruction, the type of encroachment or obstructions and such
other information as the Community Developmen# Department may
deem necessary.
2. File a site plan showing the location of the encroachment and how
it relates to the public right-of-way and where relevant a survey may
be required.
3. File evidence of adequate public liability insurance naming the
Town as an additional insured. Minor landscaping encroachments,
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such as Landscaping between the property line and the edge of
asphalt on the right of way may be excluded firom this requirement.
4. Pay a fee in the amount of $ None If an applicant's
encroachment is subject to the terms of Paragraph D hereof, an
additional fee of $ None shah be required.
C. Before issuing a right of way permit under this Section, the Community
Development Department shall consult with relevant Town departments which may include the
Fire, Police, Public Worlcs Departments, and all public utilities to determine whether the permit
meets all the requirements of this Code and other ordinances of the Tawn. The Community
Development Department shall issue each permit upon a finding that in view of the location or
area proposed to be used and the type of encroachment or abstraction proposed to be carried
on, the proposed encroachment or obstruction does not constitute a traffic hazard or destroy ar
impair the use of the right of way or land by the public or serves a purpose #hat can not otherwise
be accomplished and is a temporary obstruction of the right of way.
D. Far any encroachment, obstruction, or other structure which is (a}
recommended by the Town of Vail 5treetscape Plan, (b) the Town of Vail Village Master Plan,
or {c) the t.ionshead Urban Design Guide Plan, or other plans which are a part of the Town`s
comprehensive plan, the following process shall be utilized for the termination of any revocable
right of way permit for such improvement.
i . Prior to installation, the improvement shall be presented to the
Town Council at a work session or regular Town Council meeting.
The Tawn Council shall establish an amortization schedule
providing for specific payments to the permittee upon the
termination by the Town of the permit. In determining the maximum
length of time for the amortization scheduled, the Town Council
shall use the public interest as a guideline. However, in no event
shall the amortization schedule extend for a period greater than
eight ($} years. The amortization schedule shall be based on the
Lard costs of the improvement. Permittee may make application to
include the design and/or labor costs in the amortization schedule.
The casts and maintenance agreement shall be set after a review
of the Town Council.
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2. Should the Town terminate any revocable right of way permit for
any improvement set forth in this Paragraph D, the Town shall pay
the permit#ee the funds provided the-efore in the amortization
schedu{e for the year in which the improvement is terminated.
3. In the event the improvement is destroyed or e{iminated for any
reason or any cause other than the Town of Vall's revocation of the
permit, the Town shall not be liable for any damages or payment to
the permittee. Additionally, the permittee agrees that the
improvement will be returned to the condition that was in existence
pursuant to the permit prior to its destruction or elimination at the
expense of the permittee.
II. Section 12.16.020 -Revocation of Permits
A. A permit maybe revoked whenever the Town Manager determines that the
encroachment, obstruction, or other structure constitutes a nuisance, destroys and impairs the
use of the right of way by the public, constitutes a traffic hazard, or the property on which the
encroachment, obstruction, or structure exists is required far use by the pubiic; or it may be
revoked at any time for any reason deemed sufficient by the Town of Vai[. The permittee will
remove, at his expense, the encroachment, obstruction, or other structure within such period of
time as speci#ied by the Town Manager, not to exceed sixty (6(}) days after receiving notice of
revocation of permit.
B. If a person is notified under sub-section A of this Section and fails to comply
with the order to remove the encroachment or obstruction, the Town Manager may cause the
encroachment or obstruction to be removed and charge the cost thereof, plus up to fifteen percent
(15°t°) of such cost for adminis#ratian to the person so notified. If any person fails or refuses to
pay when due any charge imposed under this Section, the Town Manager may, in addition to
taking other collection remedies, certify due any unpaid charges, including interest, to the Eagle
County Treasurer to be levied against the person's property for collection by the County in the
same manner as delinquent general taxes upon such property are collected.
Ilf. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares itwould have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase #hereof, regardless of the fact that any
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one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid.
IV. The Town 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.
V. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any viola#ion that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repeated or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repeated or superseded unless expressly stated
herein.
Vt. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repeated.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 24th day of July, 1993, and a public hearing shall be held on this Ordinance
on the 3rd day of August, 1993, at 7:34 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
ATTEST:
~...~
p~ ~'}`~ ~
Holly L. McCutcheon, Tawn Clerk
~~, ~ ~ ~ ~
Margar@t A. Osterfoss, TU1ayo
FtEAD AND APPROVED ON SECOND REARING AND ORDERED PUBLISHED
in full this 3rd day of August, 1993.
ATTEST:
~~ ~~~~
Holly L. McCutcheon, Town Clerk
C:IORD93.8
terf s Ma or ~
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