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HomeMy WebLinkAbout2022-Proof of Publication PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 2nd day of February 2022. Witness my hand and seal this 2nd day of February 2022. Stephanie Bibbens Deputy Town Clerk Ordinance No. 1, Series 2022 - 1 - ORDINANCE NO. 1 SERIES OF 2022 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A PORTION OF LOT 15, VAIL VILLAGE FILING NO. 6 FROM TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT TO THE OUTDOOR RECREATION (OR) DISTRICT AND TO ALLOW FOR A REZONING OF TWO PARCELS OF TOWN OF VAIL RIGHT-OF-WAY FROM UNDESIGNATED TO THE TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, on August 7, 1973, the Town adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations; WHEREAS, on January 10, 2022 the Town’s Planning and Environmental Commission (the “PEC”) held a public hearing on the zone district boundary amendment to rezone the property described and depicted in Exhibits A, B and C. attached hereto and made a part hereof by this reference; WHEREAS, on January 10, 2022 the PEC forwarded a recommendation of approval to the Council for the zone district boundary amendment; WHEREAS, the Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Town’s zoning regulations; and WHEREAS, the Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as Ordinance No. 1, Series 2022 - 2 - further described in Exhibit A: Two-Family Primary/Secondary Residential (P/S) District to the Outdoor Recreation (O/R) District Section 2. This ordinance adopts the following zone district boundary amendment as further described in Exhibits B and C: Undesignated to Two-Family Primary/Secondary Residential (P/S) District Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and d. This ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. 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 Council hereby declares it 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 5. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED Ordinance No. 1, Series 2022 - 3 - PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of February 2022, and a public hearing for second reading of this Ordinance set for the 15th day of February 2022 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________________ Kim Langmaid, Town Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of February 2022. ___________________________ Kim Langmaid, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 1 OF 2 EXHIBIT A TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT TO THE OUTDOOR RECREATION (O/R) DISTRICT LAND DESCRIPTION A PORTION OF LOT 15, BLOCK 1 OF VAIL VILLAGE, SIXTH FILING, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE ALONG THE NORTH LINE OF SAID LOT 15, NORTH 73°57’02” EAST, A DISTANCE OF 66.25 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 15; THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 16°02’58” WEST, A DISTANCE OF 31.48 FEET; THENCE DEPARTING SAID BOUNDARY, SOUTH 73°57’02” WEST, A DISTANCE OF 76.64 FEET TO A POINT ON THE WEST LINE OF SAID LOT 15; THENCE ALONG SAID WEST LINE OF LOT 15, NORTH 02°14’25” EAST, A DISTANCE OF 33.15 FEET TO THE POINT OF BEGINNING. CONTAINING 2,249 SQUARE FEET OR 0.052 ACRE OF LAND. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A NUMBER 3 REBAR. PREPARED BY: STACY LYNN JACOBS, PLS COLORADO REGISTRATION NO. 38495 FOR, AND ON BEHALF OF: R&R ENGINEERS-SURVEYORS, INC. PROJECT NO. EV20127 1 OF 2 EXHIBIT B UNDESIGNATED TO TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT LAND DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 14, BLOCK 1, VAIL VILLAGE, SIXTH FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 14, SOUTH 88°14’31” WEST, A DISTANCE OF 110.26 FEET TO THE NORTHWEST CORNER OF SAID LOT 14 AND THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 14, NORTH 02°4’25” EAST, A DISTANCE OF 17.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 61.05 FEET; THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 23°08’01”, FOR AN ARC LENGTH OF 24.65 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 77°00’34” FOR A LENGTH OF 24.48 FEET); THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, SOUTH 88°36’09” EAST, A DISTANCE OF 4.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 34.51 FEET; THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 45°14’04”, FOR AN ARC LENGTH OG 34.51 FEET (THE CHORD OF SAID CURVE BEARS NORTH 66°46’04” EAST FOR A LENGTH OF 33.62 FEET); THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, NORTH 39°54’26” EAST, A DISTANCE OF 2.46 FEET; THENCE SOUTH 63°53’26” EAST, A DISTANCE OF 54.06 FEET TO THE POINT OF BEGINNING. CONTAINING 1,494 SQUARE FEET OR 0.034 ACRE OF LAND. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A NUMBER 3 REBAR. PREPARED BY: STACY LYNN JACOBS, PLS COLORADO REGISTRATION NO. 38495 FOR, AND ON BEHALF OF: R&R ENGINEERS-SURVEYORS, INC. PROJECT NO. EV20127 1 OF 2 EXHIBIT C. UNDESIGNATED TO TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT LAND DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 15, CLOCK 1, VAIL VILLAGE SIXTH FILING; THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 16°02’58” EAST, A DISTANCE OF 37.04 FEET TO THE POINT OF BEGINNING, BEING THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 45.34 FEET; THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 40°27’45”, FOR AN ARC LENGTH OF 32.02 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 78°45’17” EAST FOR A LENGTH OF 31.36 FEET); THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, SOUTH 62°34’44” EAST, A DISTANCE OF 4.98 FEET, TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 15; THENCE ALONG SAID NORTHERLY EXTENSION OF SAID LOT 15, SOUTH 02°14’25” WEST, A DISTANCE OF 17.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 88°14’31” EAST, A DISTANCE OF 26.77 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 15; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 15, NORTH 16°02’58” WEST, A DISTANCE OF 27.96 FEET TO THE POINT OF BEGINNING. CONTAINING 756 SQUARE FEET OR 0.017 ACRE OF LAND. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A NUMBER 3 REBAR. PREPARED BY: STACY LYNN JACOBS, PLS COLORADO REGISTRATION NO. 38495 FOR, AND ON BEHALF OF: R&R ENGINEERS-SURVEYORS, INC. PROJECT NO. EV20127 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 16th day of February 2022. Witness my hand and seal this 16th day of February 2022. Stephanie Bibbens Deputy Town Clerk Ordinance No. 1, Series 2022 - 1 - ORDINANCE NO. 1 SERIES OF 2022 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A PORTION OF LOT 15, VAIL VILLAGE FILING NO. 6 FROM TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT TO THE OUTDOOR RECREATION (OR) DISTRICT AND TO ALLOW FOR A REZONING OF TWO PARCELS OF TOWN OF VAIL RIGHT-OF-WAY FROM UNDESIGNATED TO THE TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the “Town”), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, on August 7, 1973, the Town adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations; WHEREAS, on January 10, 2022 the Town’s Planning and Environmental Commission (the “PEC”) held a public hearing on the zone district boundary amendment to rezone the property described and depicted in Exhibits A, B and C. attached hereto and made a part hereof by this reference; WHEREAS, on January 10, 2022 the PEC forwarded a recommendation of approval to the Council for the zone district boundary amendment; WHEREAS, the Council finds and determines that the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Town’s zoning regulations; and WHEREAS, the Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as Ordinance No. 1, Series 2022 - 2 - further described in Exhibit A: Two-Family Primary/Secondary Residential (P/S) District to the Outdoor Recreation (O/R) District Section 2. This ordinance adopts the following zone district boundary amendment as further described in Exhibits B and C: Undesignated to Two-Family Primary/Secondary Residential (P/S) District Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and d. This ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. 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 Council hereby declares it 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 5. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED Ordinance No. 1, Series 2022 - 3 - PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of February 2022, and a public hearing for second reading of this Ordinance set for the 15th day of February 2022 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________________ Kim Langmaid, Town Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of February 2022. ___________________________ Kim Langmaid, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 1 OF 2 EXHIBIT A TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT TO THE OUTDOOR RECREATION (O/R) DISTRICT LAND DESCRIPTION A PORTION OF LOT 15, BLOCK 1 OF VAIL VILLAGE, SIXTH FILING, LYING WITHIN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE ALONG THE NORTH LINE OF SAID LOT 15, NORTH 73°57’02” EAST, A DISTANCE OF 66.25 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 15; THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 16°02’58” WEST, A DISTANCE OF 31.48 FEET; THENCE DEPARTING SAID BOUNDARY, SOUTH 73°57’02” WEST, A DISTANCE OF 76.64 FEET TO A POINT ON THE WEST LINE OF SAID LOT 15; THENCE ALONG SAID WEST LINE OF LOT 15, NORTH 02°14’25” EAST, A DISTANCE OF 33.15 FEET TO THE POINT OF BEGINNING. CONTAINING 2,249 SQUARE FEET OR 0.052 ACRE OF LAND. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A NUMBER 3 REBAR. PREPARED BY: STACY LYNN JACOBS, PLS COLORADO REGISTRATION NO. 38495 FOR, AND ON BEHALF OF: R&R ENGINEERS-SURVEYORS, INC. PROJECT NO. EV20127 1 OF 2 EXHIBIT B UNDESIGNATED TO TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT LAND DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 14, BLOCK 1, VAIL VILLAGE, SIXTH FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 14, SOUTH 88°14’31” WEST, A DISTANCE OF 110.26 FEET TO THE NORTHWEST CORNER OF SAID LOT 14 AND THE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT 14, NORTH 02°4’25” EAST, A DISTANCE OF 17.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 61.05 FEET; THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 23°08’01”, FOR AN ARC LENGTH OF 24.65 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 77°00’34” FOR A LENGTH OF 24.48 FEET); THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, SOUTH 88°36’09” EAST, A DISTANCE OF 4.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 34.51 FEET; THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHWESTERLY, THROUGH A CENTRAL ANGLE OF 45°14’04”, FOR AN ARC LENGTH OG 34.51 FEET (THE CHORD OF SAID CURVE BEARS NORTH 66°46’04” EAST FOR A LENGTH OF 33.62 FEET); THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, NORTH 39°54’26” EAST, A DISTANCE OF 2.46 FEET; THENCE SOUTH 63°53’26” EAST, A DISTANCE OF 54.06 FEET TO THE POINT OF BEGINNING. CONTAINING 1,494 SQUARE FEET OR 0.034 ACRE OF LAND. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A NUMBER 3 REBAR. PREPARED BY: STACY LYNN JACOBS, PLS COLORADO REGISTRATION NO. 38495 FOR, AND ON BEHALF OF: R&R ENGINEERS-SURVEYORS, INC. PROJECT NO. EV20127 1 OF 2 EXHIBIT C. UNDESIGNATED TO TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL (P/S) DISTRICT LAND DESCRIPTION A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 15, CLOCK 1, VAIL VILLAGE SIXTH FILING; THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 16°02’58” EAST, A DISTANCE OF 37.04 FEET TO THE POINT OF BEGINNING, BEING THE BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 45.34 FEET; THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 40°27’45”, FOR AN ARC LENGTH OF 32.02 FEET (THE CHORD OF SAID CURVE BEARS SOUTH 78°45’17” EAST FOR A LENGTH OF 31.36 FEET); THENCE NON-TANGENT TO THE LAST DESCRIBED CURVE, SOUTH 62°34’44” EAST, A DISTANCE OF 4.98 FEET, TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 15; THENCE ALONG SAID NORTHERLY EXTENSION OF SAID LOT 15, SOUTH 02°14’25” WEST, A DISTANCE OF 17.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE ALONG THE BOUNDARY OF SAID LOT 15, SOUTH 88°14’31” EAST, A DISTANCE OF 26.77 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID LOT 15; THENCE CONTINUING ALONG THE BOUNDARY OF SAID LOT 15, NORTH 16°02’58” WEST, A DISTANCE OF 27.96 FEET TO THE POINT OF BEGINNING. CONTAINING 756 SQUARE FEET OR 0.017 ACRE OF LAND. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE WEST LINE OF LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH FILING. SAID LINE IS ASSUMED TO BEAR SOUTH 02°14’25” WEST AND IS MONUMENTED AT THE NORTH END BY A NUMBER 3 REBAR BEING 0.7 FEET NORTH AND AT THE SOUTH END BY A NUMBER 3 REBAR. PREPARED BY: STACY LYNN JACOBS, PLS COLORADO REGISTRATION NO. 38495 FOR, AND ON BEHALF OF: R&R ENGINEERS-SURVEYORS, INC. PROJECT NO. EV20127 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 16th day of March 2022. Witness my hand and seal this 16th day of March 2022. Stephanie Bibbens Deputy Town Clerk Ordinance No. 3, Series of 2022 ORDINANCE NO. 3 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 2,579,701 Capital Projects Fund 28,852,269 Real Estate Transfer Tax Fund 6,663,751 Housing Fund 5,944,943 Marketing Fund 78,985 Heavy Equipment Fund 536,696 Dispatch Services Fund 10,506 Residences at Main Vail Fund 28,429,320 Interfund Transfers (7,341,183) Total $ 65,754,988 2.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 No. 3, Series of 2022 ordinance; and the Town Council hereby declares it 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. 3.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. 4.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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5.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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of March 2022, and a public hearing shall be held on this Ordinance on the 5th day of April, 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of April 2022. Witness my hand and seal this 7th day of April 2022. Stephanie Bibbens Deputy Town Clerk Ordinance No. 3, Series of 2022 ORDINANCE NO. 3 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 2,854,937 Capital Projects Fund 30,692,775 Real Estate Transfer Tax Fund 6,862,751 Housing Fund 6,774,943 Marketing Fund 78,985 Heavy Equipment Fund 536,696 Dispatch Services Fund 10,506 Residences at Main Vail Fund 28,116,258 Interfund Transfers (7,490,689) Total $ 68,437,162 2. 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 No. 3, Series of 2022 ordinance; and the Town Council hereby declares it 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. 3. 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. 4. 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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of March 2022, and a public hearing shall be held on this Ordinance on the 5th day of April, 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of April 2022. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of July 2022. Witness my hand and seal this 22nd day of July 2022. Stephanie Bibbens Deputy Town Clerk 1 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX ORDINANCE NO. 4 SERIES OF 2022 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT WHEREAS, ________________ (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Ordinance No. 21, Series of 2017, reestablished Special Development District No. 36, Four Seasons Resort ("SDD 36"); WHEREAS, on __________, the Applicant filed an application to amend SDD 36 (the "Application"); WHEREAS, amendments to a Special Development District are governed by Section 12-9A-10, Vail Town Code; WHEREAS, on March 14, 2022 and May 9, 2022, the Planning and Environmental Commission held a properly-noticed public hearing to consider the Application, and WHEREAS, at a properly-noticed public hearing on July 19, 2022, the Town Council considered the Application and the recommendation of the PEC and allowed for public comment on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Having considered the comments presented at the public hearing and the recommendation of the PEC, the Town Council hereby finds and determines as follows: a. The proposed amendments to SDD 36 comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; b. The proposed amendments to SDD 36 comply with the standards listed Article 12-9A of the Vail Town Code, or that a practical solution consistent with the public interest has been achieved; c. The proposed amendments to SDD 36 are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; d. The proposed amendments to SDD 36 are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 2 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX e. The proposed amendments to SDD 36 promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, SDD 36 is hereby amended as follows: (all additions are illustrated with underlined italics, deletions are illustrated with strikethrough): Section 4. Development Standards – Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005, and the plans provided by Braun Associates, dated July, 2017 and the 2022 Floor Plan Exhibit: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132’) g. A-2.0.2 Level 2 Plan (140’, 142’) h. A-2.0.3 Level 3 Plan (152’) i. A-2.0.4 Level 4 Plan (162’) j. A-2.0.5 Level 5 Plan (172’) k. A-2.0.6 Level 6 Plan (182’) l. A-2.0.7 Level 7 Plan (192’) m. A-2.0.8 Level 8 Plan (202’) n. A-2.0.9 Level 9 Plan (212’) o. A-2.0.10 Level 10 Plan (222’) p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations – Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations – Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades 3 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1 – Existing and Proposed Condition jj. Level 2 – Existing and Proposed Condition kk. Level 3 – Existing and Proposed Condition ll. Level 4 – Existing and Proposed Condition mm. Level 5 – Existing and Proposed Condition nn. Level 6 – Existing and Proposed Condition oo. Level 7 – Existing and Proposed Condition pp. Level 8 – Existing and Proposed Condition qq. Level 9 – Existing and Proposed Condition rr. Level 10 – Existing and Proposed Condition ss. Level 1 and Level 2 – Existing Parking tt. Level 1 and Level 2 – Proposed Parking uu. 2022 Floor Plan Exhibit Density – Units per Acre – Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units – The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units – 28 32 Accommodation Units – 130 123 Fractional Fee Club Units – 6 Type III Employee Housing Units – 28 as of the date of this Ordinance, 28 Type III Employee Housing Units are required, but upon conversion as described in Section 5, Item 29 below this amount may be reduced, but not below a minimum of 12 Attached Accommodation Units – 15 Density – Floor Area – The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA – 177,609 square feet Retail – 2,386 square feet 4 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Restaurant/Lounge – 5,946 square feet (seating capacity) Conference Facilities – 11,139 square feet Health Club and Spa – 18,577 square feet Setbacks – Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height – The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage – The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71%). Landscaping – The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Parking and Loading – The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (230 spaces required, 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 5 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 1. That the developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 24 employees on the Four Seasons Resort site (subject to the conversion provisions of Section 5, Item 29 of this Ordinance), and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. This deed restriction shall be amended as provided in Section 5, Item 29 upon provision of off-site employee housing in replacement of on-site employee housing. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 6 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 9. That the required Type Ill deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non-adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm-water discharge, etc.) prior to issuance of a building permit. 7 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design-related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. 8 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX b. The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. l. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. 9 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 27. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Vail deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two-bedrooms and 788 square feet, located within the Town of Vail. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 28. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, in the amount of $11,200 per net new P.M. peak hour vehicular trip. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 29. The applicant shall have the right and option, but not the obligation, to convert up to 16 of the on-site dormitory room EHUs to Accommodation Units by replacing on-site EHUs with off-site EHUs. Prior to and as a condition of issuance of a building permit for the conversion of any of the existing dormitory rooms, the applicant shall record with the Eagle County Clerk and Recorder an employee housing deed restriction, in a form approved by the Town, corresponding to the square footages in Table 23-2 for each employee. Each dormitory room repurposed equates to two employees for the purposes of mitigation. All employees required to be mitigated as a result of conversion of dormitory rooms shall be mitigated by recording deed restrictions on properties located within the Town. The applicant shall not be required or obligated to convert any dormitory room, and a conversion of dormitory rooms shall not require any future or further conversion of dormitory rooms. 30. As additional public benefit provided by applicant for the approval of this Ordinance, the applicant shall: a. Contribute the amount of $2,040,000.00 to the Town’s employee housing fund; and b. Provide new deed restrictions for 15.75 employees on seven residential units located in the Vail Daily Building in Eagle Vail (located at 40780 US Highway 6); provided, however, that in the event that the owner of the Vail Daily Building fails to convey the deed restrictions in violation of applicant’s contract to acquire them, then applicant shall be entitled to satisfy this requirement by contribution of $600,000.00 additional funds to the Town’s employee housing fund; 10 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Section 3. 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 Council hereby declares it 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 4. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2nd day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ 11 7/24/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of August 2022. Witness my hand and seal this 4th day of August 2022. Stephanie Bibbens Deputy Town Clerk 1 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX ORDINANCE NO. 4 SERIES OF 2022 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT WHEREAS, EX VAIL LLC, EXTELL (the "Applicant") owns the real property moreparticularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Ordinance No. 21, Series of 2017, reestablished Special Development District No. 36, Four Seasons Resort ("SDD 36"); WHEREAS, on December 9, 2021, the Applicant filed an application to amend SDD 36 (the "Application"); WHEREAS, amendments to a Special Development District are governed by Section 12-9A-10, Vail Town Code; WHEREAS, on March 14, 2022 and May 9, 2022, the Planning and Environmental Commission held a properly-noticed public hearing to consider the Application, and WHEREAS, at a properly-noticed public hearing on July 19, 2022, the Town Council considered the Application and the recommendation of the PEC and allowed for public comment on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Having considered the comments presented at the public hearing and the recommendation of the PEC, the Town Council hereby finds and determines as follows: a. The proposed amendments to SDD 36 comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; b. The proposed amendments to SDD 36 comply with the standards listed Article 12-9A of the Vail Town Code, or that a practical solution consistent with the public interest has been achieved; c. The proposed amendments to SDD 36 are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; d. The proposed amendments to SDD 36 are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 2 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX e. The proposed amendments to SDD 36 promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, SDD 36 is hereby amended as follows: (all additions are illustrated with underlined italics, deletions are illustrated with strikethrough): Section 4. Development Standards – Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005, and the plans provided by Braun Associates, dated July, 2017 and the 2022 Floor Plan Exhibit: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132’) g. A-2.0.2 Level 2 Plan (140’, 142’) h. A-2.0.3 Level 3 Plan (152’) i. A-2.0.4 Level 4 Plan (162’) j. A-2.0.5 Level 5 Plan (172’) k. A-2.0.6 Level 6 Plan (182’) l. A-2.0.7 Level 7 Plan (192’) m. A-2.0.8 Level 8 Plan (202’) n. A-2.0.9 Level 9 Plan (212’) o. A-2.0.10 Level 10 Plan (222’) p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations – Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations – Maximum Height/Interpolated Contours 3 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1 – Existing and Proposed Condition jj. Level 2 – Existing and Proposed Condition kk. Level 3 – Existing and Proposed Condition ll. Level 4 – Existing and Proposed Condition mm. Level 5 – Existing and Proposed Condition nn. Level 6 – Existing and Proposed Condition oo. Level 7 – Existing and Proposed Condition pp. Level 8 – Existing and Proposed Condition qq. Level 9 – Existing and Proposed Condition rr. Level 10 – Existing and Proposed Condition ss. Level 1 and Level 2 – Existing Parking tt. Level 1 and Level 2 – Proposed Parking uu. 2022 Floor Plan Exhibit Density – Units per Acre – Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units – The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units – 28 32 Accommodation Units – 130 123 Fractional Fee Club Units – 6 Type III Employee Housing Units – 28 as of the date of this Ordinance, 28 Type III Employee Housing Units are required, but upon conversion as described in Section 5, Item 29 below this amount may be reduced, but not below a minimum of 12 Attached Accommodation Units – 15 Density – Floor Area – The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA – 177,609 square feet 4 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Retail – 2,386 square feet Restaurant/Lounge – 5,946 square feet (seating capacity) Conference Facilities – 11,139 square feet Health Club and Spa – 18,577 square feet Setbacks – Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height – The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage – The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71%). Landscaping – The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Parking and Loading – The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (230 spaces required, 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort The approval of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 5 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 1. That the developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 24 employees on the Four Seasons Resort site (subject to the conversion provisions of Section 5, Item 29 of this Ordinance), and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. This deed restriction shall be amended as provided in Section 5, Item 29 upon provision of off-site employee housing in replacement of on-site employee housing. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 6 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 9. That the required Type Ill deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non-adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm-water discharge, etc.) prior to issuance of a building permit. 7 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design-related issues for final Design Review Board review and approval: 8 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross-slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd-West Meadow Drive path reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. l. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 9 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. 27. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Vail deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two-bedrooms and 788 square feet, located within the Town of Vail. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 28. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, in the amount of $11,200 per net new P.M. peak hour vehicular trip. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 29. The applicant shall have the right and option, but not the obligation, to convert up to 16 of the on-site dormitory room EHUs to Accommodation Units by replacing on-site EHUs with off-site EHUs. Prior to and as a condition of issuance of a building permit for the conversion of any of the existing dormitory rooms, the applicant shall record with the Eagle County Clerk and Recorder an employee housing deed restriction, in a form approved by the Town, corresponding to the square footages in Table 23-2 for each employee. Each dormitory room repurposed equates to two employees for the purposes of mitigation. All employees required to be mitigated as a result of conversion of dormitory rooms shall be mitigated by recording deed restrictions on properties located within the Town. The applicant shall not be required or obligated to convert any dormitory room, and a conversion of dormitory rooms shall not require any future or further conversion of dormitory rooms. 30. As additional public benefit provided by applicant for the approval of this Ordinance, the applicant shall: a. Contribute the amount of $2,040,000.00 to the Town’s employee housing fund; and b. Provide new deed restrictions for 15.75 employees on seven residential units located in the Vail Daily Building in Eagle Vail (located at 40780 US Highway 6); provided, however, that in the event that the owner of the Vail Daily Building fails to convey the deed restrictions in violation of 10 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX applicant’s contract to acquire them, then applicant shall be entitled to satisfy this requirement by contribution of $600,000.00 additional funds to the Town’s employee housing fund; Section 3. 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 Council hereby declares it 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 4. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2nd day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2022. 11 7/26/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING 7-19-2022 FINAL.DOCX Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of April 2022. Witness my hand and seal this 7th day of April 2022. Stephanie Bibbens Deputy Town Clerk 1 3/31/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TITLE 12 TO 44-O032522.DOCX ORDINANCE NO. 5 SERIES 2022 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL TOWN CODE RELATING TO ALCOHOLIC BEVERAGES, TO REFLECT CHANGES IN STATE LAW WHEREAS, the Colorado General Assembly recently passed, and the Governor recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1, 2018; and WHEREAS the Town Council wishes to update the Vail Town Code accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 3-5-2 of the Vail Town Code is hereby amended as follows: 3-5-2: LOCAL AUTHORITY DESIGNATED: Pursuant to the provisions of Colorado Revised Statutes section 12-46- 103(4), section 12-47-103(9) C.R.S. §§ 44-4-103(4), 44-3-103(27), and the Town Charter § 8.6, there is designated a Local Licensing Authority of the Town (the "Authority"), a commission composed of five members appointed by the Town Council, for the licensing of locations within the town to sell alcoholic liquors and fermented malt beverages and for the local administration of the Colorado Liquor Code of 1935, and the Colorado Beer Code Fermented Malt Beverages Act, in accordance with said statutes. Section 2. Section 3-5-8 of the Vail Town Code is hereby amended as follows: 3-5-8: CONDUCT OF PROCEEDINGS AND HEARINGS: The Local Licensing Authority shall conduct its proceedings in accordance with the provisions of the Colorado Liquor Code of 1935 and the Colorado Beer Code Fermented Malt Beverages Act. In order to ensure due process of law the Local Licensing Authority shall conduct its hearings and make its determinations as nearly as practicable in accordance with the procedures set forth in Colorado Revised Statutes section C.R.S. § 24-4-105, as amended. Written records of its proceedings shall be maintained, which shall be open to public inspection. Section 3. Section 4-2-1 of the Vail Town Code is hereby repealed in its entirety. 2 3/31/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TITLE 12 TO 44-O032522.DOCX Section 4. Section 4-2-2 of the Vail Town Code is hereby amended as follows: 4-2-2: STANDARDS FOR ISSUANCE OF OPTIONAL PREMISES LICENSE: The following standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the provisions of Colorado Revised Statutes section 12-47- 135.5 C.R.S. § 44-3-310, as amended. * * * B. Eligible Facilities: 1. An optional premises may only be approved when that premises is located on or adjacent to an "outdoor sports and recreational facility" as defined in Colorado Revised Statutes section 12-47-103(13.5)(b) C.R.S. § 44-3-103(33)(b), as amended. The types of outdoor sports and recreational facilities which may be considered for an outdoor premises license include the following: a. Country club. b. Golf courses and driving ranges. c. Ice skating areas. d. Ski areas. e. Swimming pools. * * * E. Advanced Notification. Pursuant to Colorado Revised Statutes section 12-47-135(6) and (7) C.R.S. § 44-3-310(3) and (4), as amended, no alcoholic beverages may be served on the optional premises until the licensee has provided written notice to the state and local licensing authorities forty eight (48) hours prior to serving alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used. In this regard, there is with no limitation on the number of days which a licensee may specify in each notice. However, no notice may specify any date of use which is more than one hundred eighty (180) days from the notice date. 3 3/31/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TITLE 12 TO 44-O032522.DOCX Section 5. Section 4-2-3.A of the Vail Town Code is hereby amended as follows: 4-2-3: TEMPORARY PERMITS: A. Statutory Authority Authorization. This Section is enacted in accordance with Colorado Revised Statutes sections 12-46-106.5 and 12- 47-106.5 C.R.S. § 44-3-303 which authorize a local licensing authority, at its discretion, to issue a temporary permit to a transferee of a fermented malt beverage license or a liquor license issued by the state licensing authority. Section 6. Section 4-2-4 of the Vail Town Code is hereby amended as follows: 4-2-4: BED AND BREAKFAST PERMIT: A. Statutory Authority. This Section is enacted in accordance with Colorado Revised Statutes section 12-47-118.5 C.R.S. § 44-3-412, as amended, which authorizes a Local Licensing Authority, at its option, to issue a bed and breakfast permit to a person operating a bed and breakfast establishment. * * * E. Cancellation. A bed and breakfast permit may be suspended or revoked in accordance with Colorado Revised Statutes section 12-47-110 C.R.S. § 44-3-412, as amended, if the permittee violates any provision of Colorado Revised Statutes article 47 C.R.S. Title 44 Article 3, or any rule adopted pursuant to said Colorado Revised Statutes article 47 C.R.S. Title 44 Article 3, or fails truthfully to furnish any required information in connection with a permit application. Section 7. Section 4-2-5 of the Vail Town Code is hereby amended as follows: 4-2-5: ALCOHOLIC BEVERAGE TASTINGS: Pursuant to section 12-47-301(10)(a), Colorado Revised Statutes C.R.S. § 44-3-301(10)(a), the Town hereby authorizes alcoholic beverage tastings at licensed retail liquor stores and liquor licensed drugstores in the Town, subject to the limitations contained in section 12-47-301(10), Colorado Revised Statutes C.R.S. § 44-3-301(10), and subject to the approval by the local licensing authority of a tastings permit. Section 8. Section 4-2-6 of the Vail Town Code is hereby amended as follows: 4-2-6: SPECIAL EVENT PERMITS: A. Pursuant to Colorado Revised Statutes section 12-48-107(5)(a) C.R.S. § 44-5-107(5)(a), the local licensing authority ("Authority") elects not 4 3/31/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TITLE 12 TO 44-O032522.DOCX to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special event permits. * * * C. Upon receipt of an application for a special event permit, the Authority shall, as required by Colorado Revised Statutes section 12-48- 107(5)(c) C.R.S. § 44-5-107(5)(c), access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The Authority shall consider compliance with the provisions of Colorado Revised Statutes section 12-48-105(3) C.R.S. § 44-5-105(3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. * * * E. Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by Colorado Revised Statutes section 12-48-107(2) C.R.S. § 44-5-107(2)(c). Section 9. Section 5-13-7.B. of the Vail Town Code is hereby amended as follows: 5-13-7: EXEMPTIONS: * * * B. A retail liquor store, as defined in Colorado Revised Statutes section 12-47-103(31) C.R.S. § 44-3-103(48), may provide a disposable paper bag to a customer with no fee if the disposable paper bag is provided for the containment of carry out alcoholic beverages as defined in Colorado Revised Statutes section 12-47-103(2) C.R.S. § 44-3-103(2). Section 10. Section 6-3C-4.A. of the Vail Town Code is hereby amended as follows: 6-3C-4: DRINKING IN PUBLIC: A. Prohibited: It is unlawful for any person to drink any malt, vinous, or spirituous liquors upon any street, alley, sidewalk, public building or public parking lot in the Town or within any vehicle upon the streets, alleys, sidewalks or public parking lots in the Town except by written authorization of the Town Council. It is unlawful for any person to possess in or upon any street, alley, sidewalk, public building or public parking lot in the Town, any malt, vinous, or spirituous liquors in any container of any kind or description which is not sealed or upon which the seal is broken. The word "sealed" 5 3/31/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TITLE 12 TO 44-O032522.DOCX means the regular seal applied by the United States government over the cap of all malt, vinous or spirituous liquors. Notwithstanding the foregoing, it is shall not be unlawful for any person to have in his or her their possession or under his or her their control one open container of vinous liquor removed from a licensed premises pursuant to and subject to the limitations set forth in compliance with Colorado Revised Statutes section 12-47-411(3.5) C.R.S. § 44-3-423, as amended. Section 11. Section 6-3C-5.C.1 of the Vail Town Code is hereby amended as follows: 6-3C-5. SALE OF INTOXICATING LIQUORS: C. Illegal Possession or Consumption of Liquor By Underage Persons: 1. As used in this subsection, unless the context otherwise requires: * * * PRIVATE PROPERTY: Any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public, and privately-owned real property which is not open to the public. "Private property" shall not include: a. Any establishment which has or is required to have a license pursuant to article 46, 47, or 48 of title 12, Colorado Revised Statutes C.R.S. Title 44, Article 3, 4, or 5; or * * * Section 12. 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 Council hereby declares it 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 13. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 14. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 6 3/31/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TITLE 12 TO 44-O032522.DOCX Section 15. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of _________, 2022 and a public hearing for second reading of this Ordinance is set for the ___ day of ____________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of April 2022. Witness my hand and seal this 20th day of April 2022. Stephanie Bibbens Deputy Town Clerk Ordinance No. 5, Series of 2022 ORDINANCE NO. 5 SERIES 2022 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL TOWN CODE RELATING TO ALCOHOLIC BEVERAGES, TO REFLECT CHANGES IN STATE LAW WHEREAS, the Colorado General Assembly recently passed, and the Governor recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1, 2018; and WHEREAS the Town Council wishes to update the Vail Town Code accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 3-5-2 of the Vail Town Code is hereby amended as follows: 3-5-2: LOCAL AUTHORITY DESIGNATED: Pursuant to the provisions of Colorado Revised Statutes section 12-46- 103(4), section 12-47-103(9) C.R.S. §§ 44-4-103(4), 44-3-103(27), and the Town Charter § 8.6, there is designated a Local Licensing Authority of the Town (the "Authority"), a commission composed of five members appointed by the Town Council, for the licensing of locations within the town to sell alcoholic liquors and fermented malt beverages and for the local administration of the Colorado Liquor Code of 1935, and the Colorado Beer Code Fermented Malt Beverages Act, in accordance with said statutes. Section 2. Section 3-5-8 of the Vail Town Code is hereby amended as follows: 3-5-8: CONDUCT OF PROCEEDINGS AND HEARINGS: The Local Licensing Authority shall conduct its proceedings in accordance with the provisions of the Colorado Liquor Code of 1935 and the Colorado Beer Code Fermented Malt Beverages Act. In order to ensure due process of law the Local Licensing Authority shall conduct its hearings and make its determinations as nearly as practicable in accordance with the procedures set forth in Colorado Revised Statutes section C.R.S. § 24-4-105, as amended. Written records of its proceedings shall be maintained, which shall be open to public inspection. Section 3. Section 4-2-1 of the Vail Town Code is hereby repealed in its entirety. Ordinance No. 5, Series of 2022 Section 4. Section 4-2-2 of the Vail Town Code is hereby amended as follows: 4-2-2: STANDARDS FOR ISSUANCE OF OPTIONAL PREMISES LICENSE: The following standards for the issuance of optional premises licenses or for optional premises for a hotel and restaurant license are hereby adopted pursuant to the provisions of Colorado Revised Statutes section 12-47- 135.5 C.R.S. § 44-3-310, as amended. * * * B. Eligible Facilities: 1. An optional premises may only be approved when that premises is located on or adjacent to an "outdoor sports and recreational facility" as defined in Colorado Revised Statutes section 12-47-103(13.5)(b) C.R.S. § 44-3-103(33)(b), as amended. The types of outdoor sports and recreational facilities which may be considered for an outdoor premises license include the following: a. Country club. b. Golf courses and driving ranges. c. Ice skating areas. d. Ski areas. e. Swimming pools. * * * E. Advanced Notification. Pursuant to Colorado Revised Statutes section 12-47-135(6) and (7) C.R.S. § 44-3-310(3) and (4), as amended, no alcoholic beverages may be served on the optional premises until the licensee has provided written notice to the state and local licensing authorities forty eight (48) hours prior to serving alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used . In this regard, there is with no limitation on the number of days which a licensee may specify in each notice. However, no notice may specify any date of use which is more than one hundred eighty (180) days from the notice date. Ordinance No. 5, Series of 2022 Section 5. Section 4-2-3.A of the Vail Town Code is hereby amended as follows: 4-2-3: TEMPORARY PERMITS: A. Statutory Authority Authorization. This Section is enacted in accordance with Colorado Revised Statutes sections 12-46-106.5 and 12- 47-106.5 C.R.S. § 44-3-303 which authorize a local licensing authority, at its discretion, to issue a temporary permit to a transferee of a fermented malt beverage license or a liquor license issued by the state licensing authority. Section 6. Section 4-2-4 of the Vail Town Code is hereby amended as follows: 4-2-4: BED AND BREAKFAST PERMIT: A. Statutory Authority. This Section is enacted in accordance with Colorado Revised Statutes section 12-47-118.5 C.R.S. § 44-3-412, as amended, which authorizes a Local Licensing Authority, at its option, to issue a bed and breakfast permit to a person operating a bed and breakfast establishment. * * * E. Cancellation. A bed and breakfast permit may be suspended or revoked in accordance with Colorado Revised Statutes section 12-47-110 C.R.S. § 44-3-412, as amended, if the permittee violates any provision of Colorado Revised Statutes article 47 C.R.S. Title 44 Article 3, or any rule adopted pursuant to said Colorado Revised Statutes article 47 C.R.S. Title 44 Article 3, or fails truthfully to furnish any required information in connection with a permit application. Section 7. Section 4-2-5 of the Vail Town Code is hereby amended as follows: 4-2-5: ALCOHOLIC BEVERAGE TASTINGS: Pursuant to section 12-47-301(10)(a), Colorado Revised Statutes C.R.S. § 44-3-301(10)(a), the Town hereby authorizes alcoholic beverage tastings at licensed retail liquor stores and liquor licensed drugstores in the Town, subject to the limitations contained in section 12-47-301(10), Colorado Revised Statutes C.R.S. § 44-3-301(10), and subject to the approval by the local licensing authority of a tastings permit. Section 8. Section 4-2-6 of the Vail Town Code is hereby amended as follows: 4-2-6: SPECIAL EVENT PERMITS: A. Pursuant to Colorado Revised Statutes section 12-48-107(5)(a) C.R.S. § 44-5-107(5)(a), the local licensing authority ("Authority") elects not Ordinance No. 5, Series of 2022 to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special event permits. * * * C. Upon receipt of an application for a special event permit, the Authority shall, as required by Colorado Revised Statutes section 12-48- 107(5)(c) C.R.S. § 44-5-107(5)(c), access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The Authority shall consider compliance with the provisions of Colorado Revised Statutes section 12-48-105(3) C.R.S. § 44-5-105(3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. * * * E. Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by Colorado Revised Statutes section 12-48-107(2) C.R.S. § 44-5-107(2)(c). Section 9. Section 5-13-7.B. of the Vail Town Code is hereby amended as follows: 5-13-7: EXEMPTIONS: * * * B. A retail liquor store, as defined in Colorado Revised Statutes section 12-47-103(31) C.R.S. § 44-3-103(48), may provide a disposable paper bag to a customer with no fee if the disposable paper bag is provided for the containment of carry out alcoholic beverages as defined in Colorado Revised Statutes section 12-47-103(2) C.R.S. § 44-3-103(2). Section 10. Section 6-3C-4.A. of the Vail Town Code is hereby amended as follows: 6-3C-4: DRINKING IN PUBLIC: A. Prohibited: It is unlawful for any person to drink any malt, vinous, or spirituous liquors upon any street, alley, sidewalk, public building or public parking lot in the Town or within any vehicle upon the streets, alleys, sidewalks or public parking lots in the Town except by written authorization of the Town Council. It is unlawful for any person to possess in or upon any street, alley, sidewalk, public building or public parking lot in the Town, any malt, vinous, or spirituous liquors in any container of any kind or description which is not sealed or upon which the seal is broken. The word "sealed" Ordinance No. 5, Series of 2022 means the regular seal applied by the United States government over the cap of all malt, vinous or spirituous liquors. Notwithstanding the foregoing, it is shall not be unlawful for any person to have in his or her their possession or under his or her their control one open container of vinous liquor removed from a licensed premises pursuant to and subject to the limitations set forth in compliance with Colorado Revised Statutes section 12-47-411(3.5) C.R.S. § 44-3-423, as amended. Section 11. Section 6-3C-5.C.1 of the Vail Town Code is hereby amended as follows: 6-3C-5. SALE OF INTOXICATING LIQUORS: C. Illegal Possession or Consumption of Liquor By Underage Persons: 1. As used in this subsection, unless the context otherwise requires: * * * PRIVATE PROPERTY: Any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public, and privately-owned real property which is not open to the public. "Private property" shall not include: a. Any establishment which has or is required to have a license pursuant to article 46, 47, or 48 of title 12, Colorado Revised Statutes C.R.S. Title 44, Article 3, 4, or 5; or * * * Section 12. 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 Council hereby declares it would have passed this ordinance, and each part, section, subsect ion, 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 13. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 14. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 5, Series of 2022 Section 15. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of April, 2022 and a public hearing for second reading of this Ordinance is set for the 19th day of April, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of April, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of April 2022. Witness my hand and seal this 20th day of April 2022. Stephanie Bibbens Deputy Town Clerk 1 4/13/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\21\PEC21-0043\ORDINANCE NO. 6 SERIES OF 2020\STREAM SETBACK-O41322.DOCX ORDINANCE NO. 6 SERIES 2022 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO ESTABLISH SETBACKS FROM GORE CREEK AND ITS TRIBUTARIES WHEREAS, the Town's current stream setback, as established by Ordinance No. 19, Series of 1976, requires a minimum setback of 30 feet from the center of an established creek or stream channel and 50 from the centerline of Gore Creek; WHEREAS, the Gore Creek Strategic Plan adopted by the Town Council in 2016 identifies loss of riparian vegetation as one of the main causes of declining water quality in Gore Creek; and WHEREAS, the Town Council wishes to prevent further deterioration of Gore Creek and its named tributaries by enacting a clear, comprehensible, and enforceable set of guidelines for setbacks from Gore Creek and its tributaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-14-17 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 12-21-2 of the Vail Town Code is hereby amended by the addition of the following new definitions, to appear in alphabetical order: TWO-YEAR FLOOD LINE ("TYFL"): The average two-year flood line on Gore Creek and its named tributaries, as established by the data set adopted by the Town Council by resolution. Section 3. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Section 12-21-17, to read as follows: 12-21-17: GORE CREEK SETBACKS: A. Purpose: The purpose of this Section is to protect the public health, safety and welfare by ensuring the resiliency of Gore Creek and its named tributaries and by mitigating hazards associated with the deterioration of Gore Creek and its named tributaries. B. Applicability: This Section shall apply to all property located within twenty-five (25) feet of the TYFL, in whole or in part; provided that this Section shall not apply to any stream tract already protected by Chapter 14 of Title 5 of this Code. 2 4/13/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\21\PEC21-0043\ORDINANCE NO. 6 SERIES OF 2020\STREAM SETBACK-O41322.DOCX C. Setbacks: 1. No mowing, landscaping, grading or other disturbance shall be permitted within ten (10) feet of the TYFL, other than: a. Removal of noxious weeds pursuant to Section 5-1-6 of this Code; b. With prior approval of the Vail Fire Department, removal of vegetation for purposes of fire mitigation; c. With approval of the Design Review Board, the installation and maintenance of one access path per lot or parcel, of up to four (4) feet in width, consisting of permeable materials including without limitation native soils, sand and gravel, or flagstone set in a permeable base; d. Public roadways, public bridges, public recreational paths and trails, and public parks and open spaces; e. Utility infrastructure within utility easements; f. With approval of the Design Review Board, erosion control measures, stream grade-control structures and riparian restoration activities that conform with bank stabilization best management practices; and g. Buildings, structures, fences, walls, patios, walkways, landscaping features, furniture and similar improvements lawfully existing on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. 2. No building or structure shall be located within twenty-five (25) feet of the TYFL, other than: a. With approval of the Design Review Board, those items listed in Section 14-10-4 of this Code; and b. Buildings and structures lawfully established on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. D. Corrections: 1. If a property owner wishes to correct the location of a designated TYFL affecting such property owner's property, the property owner shall submit sufficient documentation to the Community Development Department to support the property owner's corrected 3 4/13/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\21\PEC21-0043\ORDINANCE NO. 6 SERIES OF 2020\STREAM SETBACK-O41322.DOCX delineation of the TYFL. The submittal shall comply with all of the following standards: a. The submittal shall include a survey stamped by a licensed Colorado surveyor. b. The survey shall include at least 3 cross sections, perpendicular to the flow of the stream, in the same vertical and horizontal datum as that referenced in the Town's data set, extending from beyond the 100 year flood line on one bank to beyond the 100 year flood line on the opposite bank and including all stream channels. The 3 cross sections shall be taken at each property boundary and the center of the property. c. The survey shall include an adequate number of elevation points for each cross section to accurately reflect the contours of the stream bed. d. The survey shall tie into National Geologic Survey control points. e. The submittal shall include a site map or aerial image showing locations of stream cross sections, and photographs of the location of each stream cross section. f. The submittal shall include a model of the TYFL using the Hydrologic Engineering Center’s River Analysis System ("HEC- RAS"), stamped by a professional engineer. 2. Within 30 days of receipt of a complete submittal, the Town shall correct the location of the TYFL on the property as indicated on the submittal. E. Variances. The setbacks set forth in this Section are subject to the variance process set forth in Chapter 17 of this Title. F. Violation and Penalty: 1. It is unlawful for any person to violate any provision of this Section. 2. It is unlawful for any person to re-channel or modify Gore Creek or any of its named tributaries so as to avoid application of this Section. 3. Each separate act in violation of this Section and each and every day or portion thereof during which any separate act in violation of 4 4/13/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\21\PEC21-0043\ORDINANCE NO. 6 SERIES OF 2020\STREAM SETBACK-O41322.DOCX this Section is committed, continued or permitted shall be deemed a separate offense. 4. Violations of this Section shall be punishable as provided in Chapter 4 of Title 1 of this Code. Section 4. 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 Council hereby declares it 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. Section 8. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of April, 2022 and a public hearing for second reading of this Ordinance set for the ___ day of ____________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 5 4/13/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\21\PEC21-0043\ORDINANCE NO. 6 SERIES OF 2020\STREAM SETBACK-O41322.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of ________________, 2022. _______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of May 2022. Witness my hand and seal this 18th day of May 2022. Stephanie Bibbens Deputy Town Clerk 1 6/21/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\STREAM SETBACK-O41322.DOCX ORDINANCE NO. 6 SERIES 2022 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO ESTABLISH SETBACKS FROM GORE CREEK AND ITS TRIBUTARIES WHEREAS, the Town's current stream setback, as established by Ordinance No. 19, Series of 1976, requires a minimum setback of 30 feet from the center of an established creek or stream channel and 50 from the centerline of Gore Creek; WHEREAS, the Gore Creek Strategic Plan adopted by the Town Council in 2016 identifies loss of riparian vegetation as one of the main causes of declining water quality in Gore Creek; and WHEREAS, the Town Council wishes to prevent further deterioration of Gore Creek and its named tributaries by enacting a clear, comprehensible, and enforceable set of guidelines for setbacks from Gore Creek and its tributaries. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-14-17 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 12-21-2 of the Vail Town Code is hereby amended by the addition of the following new definitions, to appear in alphabetical order: TWO-YEAR FLOOD LINE ("TYFL"): The average two-year flood line on Gore Creek and its named tributaries, as established by the data set adopted by the Town Council by resolution. Section 3. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Section 12-21-17, to read as follows: 12-21-17: GORE CREEK SETBACKS: A. Purpose: The purpose of this Section is to protect the public health, safety and welfare by ensuring the resiliency of Gore Creek and its named tributaries and by mitigating hazards associated with the deterioration of Gore Creek and its named tributaries. B. Applicability: This Section shall apply to all property located within twenty-five (25) feet of the TYFL, in whole or in part; provided that this Section shall not apply to any stream tract already protected by Chapter 14 of Title 5 of this Code. 2 6/21/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\STREAM SETBACK-O41322.DOCX C. Setbacks: 1. No mowing, landscaping, grading or other disturbance shall be permitted within ten (10) feet of the TYFL, other than: a. Removal of noxious weeds pursuant to Section 5-1-6 of this Code; b. With prior approval of the Vail Fire Department, removal of vegetation for purposes of fire mitigation; c. With approval of the Design Review Board, the installation and maintenance of one access path per lot or parcel, of up to four (4) feet in width, consisting of permeable materials including without limitation native soils, sand and gravel, or flagstone set in a permeable base; d. Public roadways, public bridges, public recreational paths and trails, and public parks and open spaces; e. Utility infrastructure within utility easements; f. With approval of the Design Review Board, erosion control measures, stream grade-control structures and riparian restoration activities that conform with bank stabilization best management practices; and g. Buildings, structures, fences, walls, patios, walkways, landscaping features, furniture and similar improvements lawfully existing on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. 2. No building or structure shall be located within twenty-five (25) feet of the TYFL, other than: a. With approval of the Design Review Board, those items listed in Section 14-10-4 of this Code; and b. Buildings and structures lawfully established on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title. D. Corrections: 1. If a property owner wishes to correct the location of a designated TYFL affecting such property owner's property, the property owner shall submit sufficient documentation to the Community Development Department to support the property owner's corrected 3 6/21/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\STREAM SETBACK-O41322.DOCX delineation of the TYFL. The submittal shall comply with all of the following standards: a. The submittal shall include a survey stamped by a licensed Colorado surveyor. b. The survey shall include at least 3 cross sections, perpendicular to the flow of the stream, in the same vertical and horizontal datum as that referenced in the Town's data set, extending from beyond the 100 year flood line on one bank to beyond the 100 year flood line on the opposite bank and including all stream channels. The 3 cross sections shall be taken at each property boundary and the center of the property. c. The survey shall include an adequate number of elevation points for each cross section to accurately reflect the contours of the stream bed. d. The survey shall tie into National Geologic Survey control points. e. The submittal shall include a site map or aerial image showing locations of stream cross sections, and photographs of the location of each stream cross section. f. The submittal shall include a model of the TYFL using the Hydrologic Engineering Center’s River Analysis System ("HEC- RAS"), stamped by a professional engineer. 2. Within 30 days of receipt of a complete submittal, the Town shall correct the location of the TYFL on the property as indicated on the submittal. E. Variances. The setbacks set forth in this Section are subject to the variance process set forth in Chapter 17 of this Title. F. Violation and Penalty: 1. It is unlawful for any person to violate any provision of this Section. 2. It is unlawful for any person to re-channel or modify Gore Creek or any of its named tributaries so as to avoid application of this Section. 3. Each separate act in violation of this Section and each and every day or portion thereof during which any separate act in violation of 4 6/21/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\STREAM SETBACK-O41322.DOCX this Section is committed, continued or permitted shall be deemed a separate offense. 4. Violations of this Section shall be punishable as provided in Chapter 4 of Title 1 of this Code. Section 4. 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 Council hereby declares it 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. Section 8. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of April, 2022 and a public hearing for second reading of this Ordinance set for the 17th day of May, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 5 6/21/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\STREAM SETBACK-O41322.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of May, 2022. _______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of May 2022. Witness my hand and seal this 18th day of May 2022. Stephanie Bibbens Deputy Town Clerk 1 5/5/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC22-0002\WUI-O022522.DOCX ORDINANCE NO. 7 SERIES 2022 AN ORDINANCE AMENDING TITLES 12 AND 14 OF THE VAIL TOWN CODE TO AMEND THE REGULATIONS FOR BUILDING DESIGN AND LANDSCAPING IN THE WILDLAND URBAN INTERFACE TO REDUCE THE RISK OF WILDFIRE WHEREAS, each year wildfires continue to grow more destructive and impactful to communities across Colorado; WHEREAS, the Town is built in an environment that depends on wildfire to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at any given time; and WHEREAS, a wildland-urban interface (“WUI”) code is specifically designed to mitigate the risks from wildfire to life and property by regulation construction materials and methods in sch a way as to resist ignition from wildfires for a safer and more resilient community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-3(C)(5) of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 14-10-3 of the Vail Town Code is hereby amended as follows: 14-10-3: SITE PLANNING: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, those essential for creating defensible space, and those found to impact view corridors as further regulated by Title 12, Chapter 22, "View Corridors", of this Code. Mitigation may be required for tree removal. 2 5/5/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC22-0002\WUI-O022522.DOCX D. All areas disturbed during construction shall be revegetated. Replacement of disturbed soils and vegetation All landscaping within the identified limits of disturbance shall comply with Section 14-10-8 of this Code. If necessary, the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction.. Section 3. Section 14-10-5 of the Vail Town Code is hereby amended as follows: 14-10-5: BUILDING MATERIALS AND DESIGN: A. Intent: The Town is situated within the wildland urban interface where community values intersect with the potential consequences of wildland fires. Wildland fires both big and small have the potential to destroy homes and neighborhoods within the Town. The architecture and chosen materials of a building greatly affect the survivability of that structure in the face of a wildfire. The use of Class A roof coverings and ignition-resistant building materials decrease the hazards to the individual structures structure as well as the surrounding homes. B. Ignition-Resistant Materials: The use of ignition-resistant building materials and designs intended to prevent the spread of fire are required, unless otherwise exempted by Section 12-11-3 of this Code. Vail Fire and Emergency Services is available to provide more information on the use of ignition-resistant materials and designs. Predominantly natural building materials shall be used within the Town. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials is shall be prohibited: stucco or EIFS with gross textures or surface features that appear to imitate other materials; simulated stone; simulated brick; plastic; and vinyl. 1. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, if where the Design Review Board finds: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; b. That the use of the proposed material complies with the intent of the provisions of this Code; and 3 5/5/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC22-0002\WUI-O022522.DOCX c. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town. 2. This subsection The provisions of this Paragraph B shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the Town, unless otherwise exempt by Section 12-11-3(C)(5) of this Code. Buildings or structures moved into or within the Town of Vail shall comply with the provisions of this Code for new buildings and structures. 3. Repair or replacement of twenty-five percent (25%) or less of a deck surface or support structure is exempt from the ignition-resistant requirements of this subsection Paragraph B. 4. Repair or replacement of twenty-five percent (25%) or less of a building’s exterior siding is exempt from the ignition-resistant requirements of this subsection B. 4.5. Combustible siding, as defined in the Town's adopted building code codes, may be used as long as it does not cover more than thirty- three percent (33%) of a given wall (excluding windows, doors and other openings) and may not be within five (5) feet of the ground level. Combustible siding with which has a profile that may allow ember intrusion, such as wood shake or wood shingle, is prohibited. C. Same or Similar Materials: The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials shall must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be nonreflective. E. Roof Forms: The majority of roof forms within the Town Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or 4 5/5/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC22-0002\WUI-O022522.DOCX entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. G. Regulations: All structures shall have Class A roof assemblies or shall have Class A roof covering materials, as defined by the Town's adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including without limitation, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall be designed to provide visual relief through texture, dimension and depth of appearance. For purposes of this subsection G, all parts of a mansard roof are considered “roof” and shall comply with current roofing regulations. The use of wood Wood shake, wood shingles and rolled roofing are prohibited shall not be permitted. Two-family dwellings and multi-family dwellings shall be required to have uniform roof covering materials, unless except when the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure, and different materials do not share any ridges or planes, but may share a valley. Section 4. 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 Council hereby declares it 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. 5 5/5/2022 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC22-0002\WUI-O022522.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ____ day of ____________, 2022 and a public hearing for second reading of this Ordinance set for the ___ day of ____________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of ________________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of June 2022. Witness my hand and seal this 8th day of June 2022. Stephanie Bibbens Deputy Town Clerk 1 6/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\WUI-O022522.DOCX ORDINANCE NO. 7 SERIES 2022 AN ORDINANCE AMENDING TITLES 12 AND 14 OF THE VAIL TOWN CODE TO AMEND THE REGULATIONS FOR BUILDING DESIGN AND LANDSCAPING IN THE WILDLAND URBAN INTERFACE TO REDUCE THE RISK OF WILDFIRE WHEREAS, each year wildfires continue to grow more destructive and impactful to communities across Colorado; WHEREAS, the Town is built in an environment that depends on wildfire to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at any given time; and WHEREAS, a wildland-urban interface (“WUI”) code is specifically designed to mitigate the risks from wildfire to life and property by regulation construction materials and methods in sch a way as to resist ignition from wildfires for a safer and more resilient community. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-3(C)(5) of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 14-10-3 of the Vail Town Code is hereby amended as follows: 14-10-3: SITE PLANNING: A. The location and configuration of structures and accessways shall be responsive to the existing topography of the site upon which they are to be located. Grading requirements resulting from development shall be designed to blend into the existing or natural landscape. Any cuts or fills shall be sculptural in form and contoured to blend with the existing natural undisturbed terrain within the property boundary. B. Building siting and access thereto shall be responsive to existing features of terrain rock outcroppings, drainage patterns, and vegetation. C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, those essential for creating defensible space, and those found to impact view corridors as further regulated by Title 12, Chapter 22, "View Corridors", of this Code. Mitigation may be required for tree removal. 2 6/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\WUI-O022522.DOCX D. All areas disturbed during construction shall be revegetated. Replacement of disturbed soils and vegetation All landscaping within the identified limits of disturbance shall comply with Section 14-10-8 of this Code. If necessary, the Design Review Board may designate allowable limits of construction activity and require physical barriers in order to preserve significant natural features and vegetation upon a site and adjacent sites during construction.. Section 3. Section 14-10-5 of the Vail Town Code is hereby amended as follows: 14-10-5: BUILDING MATERIALS AND DESIGN: A. Intent: The Town is situated within the wildland urban interface where community values intersect with the potential consequences of wildland fires. Wildland fires both big and small have the potential to destroy homes and neighborhoods within the Town. The architecture and chosen materials of a building greatly affect the survivability of that structure in the face of a wildfire. The use of Class A roof coverings and ignition-resistant building materials decrease the hazards to the individual structures structure as well as the surrounding homes. B. Ignition-Resistant Materials: The use of ignition-resistant building materials and designs intended to prevent the spread of fire are required, unless otherwise exempted by Section 12-11-3 of this Code. Vail Fire and Emergency Services is available to provide more information on the use of ignition-resistant materials and designs. Predominantly natural building materials shall be used within the Town. The exterior use of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may be permitted. Concrete surfaces, when permitted, shall be treated with texture and color; however, exposed aggregate is more acceptable than raw concrete. The exterior use of the following siding materials is shall be prohibited: stucco or EIFS with gross textures or surface features that appear to imitate other materials; simulated stone; simulated brick; plastic; and vinyl. 1. The exterior use of any building material, including those not specifically identified by this Section, shall only be permitted, unless otherwise prohibited by this Code, if where the Design Review Board finds: a. That the proposed material is satisfactory in general appearance, quality over time, architectural style, design, color, and texture; b. That the use of the proposed material complies with the intent of the provisions of this Code; and 3 6/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\WUI-O022522.DOCX c. That the use of the proposed material is compatible with the structure, site, surrounding structures, and overall character of the Town. 2. This subsection The provisions of this Paragraph B shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises within the Town, unless otherwise exempt by Section 12-11-3(C)(5) of this Code. Buildings or structures moved into or within the Town of Vail shall comply with the provisions of this Code for new buildings and structures. 3. Repair or replacement of twenty-five percent (25%) or less of a deck surface or support structure is exempt from the ignition-resistant requirements of this subsection Paragraph B. 4. Repair or replacement of twenty-five percent (25%) or less of a building’s exterior siding is exempt from the ignition-resistant requirements of this subsection B. 4.5. Combustible siding, as defined in the Town's adopted building code codes, may be used as long as it does not cover more than thirty- three percent (33%) of a given wall (excluding windows, doors and other openings) and may not be within five (5) feet of the ground level. Combustible siding with which has a profile that may allow ember intrusion, such as wood shake or wood shingle, is prohibited. C. Same or Similar Materials: The same or similar building materials and colors shall be used on main structures and any accessory structures upon the site. Translucent components of greenhouses shall be exempt from this requirement. D. Colors: Exterior wall colors should be compatible with the site and surrounding buildings. Natural colors (earth tones found within the Vail area) should be utilized. Primary colors or other bright colors should be used only as accents and then sparingly such as upon trim or railings. All exterior wall materials shall must be continued down to finished grade thereby eliminating unfinished foundation walls. All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall be anodized, painted or capable of weathering so as to be nonreflective. E. Roof Forms: The majority of roof forms within the Town Vail are gable roofs with a pitch of at least four feet (4') in twelve feet (12'). However, other roof forms are allowed. Consideration of environmental and climatic determinants such as snow shedding, drainage, fire safety and solar exposure should be integral to the roof design. F. Rooflines: Rooflines should be designed so as not to deposit snow on parking areas, trash storage areas, stairways, decks and balconies, or 4 6/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\WUI-O022522.DOCX entryways. Secondary roofs, snow clips, and snow guards should be utilized to protect these areas from roof snow shedding if necessary. G. Regulations: All structures shall have Class A roof assemblies or shall have Class A roof covering materials, as defined by the Town's adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including without limitation, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall be designed to provide visual relief through texture, dimension and depth of appearance. For purposes of this subsection G, all parts of a mansard roof are considered “roof” and shall comply with current roofing regulations. The use of wood Wood shake, wood shingles and rolled roofing are prohibited shall not be permitted. Two-family dwellings and multi-family dwellings shall be required to have uniform roof covering materials, unless except when the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure, and different materials do not share any ridges or planes, but may share a valley. Section 4. 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 Council hereby declares it 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. 5 6/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\WUI-O022522.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of May, 2022 and a public hearing for second reading of this Ordinance set for the 7th day of June, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of June, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of May 2022. Witness my hand and seal this 4th day of May 2022. Stephanie Bibbens Deputy Town Clerk 1 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX ORDINANCE NO. 8 SERIES OF 2022 AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL TOWN CODE AND ADOPTING BY REFERENCE THE 2021 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL EXISTING BUILDING CODE AND THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS; AND ADOPTING THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, WITH AMENDMENTS WHEREAS, the 2021 editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code; and the 2020 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings have been published; WHEREAS, the adoption and use of the 2020 edition of the National Electrical Code is required by the State of Colorado; WHEREAS, the 2018 International Codes currently adopted by the Town of Vail lack the updates contained within in the 2021 International Codes that address modern construction means, methods, safety improvements, and code clarity; and WHEREAS, the Town's Building and Fire Code Appeals Board has recommended adoption of the codes as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 1 of Title 10 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 10-1-1: CODES ADOPTED BY REFERENCE: The following codes are hereby adopted by reference, as amended. Copies shall be available for inspection at the office of the Town Clerk during regular business hours and can be viewed online at www.iccsafe.org and www.vailgov.com: A. The International Building Code, 2021 edition, including Appendices B, E, G, J, K, and O published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. 2 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX B. Chapters 1-10 of The International Residential Code, 2021 edition, including Appendices AF, AJ and AV, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. C. The International Fire Code, 2021 edition, including Appendices A, B, C, D, E, F, G, H, I, J, and N published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. D. The International Energy Conservation Code, 2021 edition, including Appendices CA and RA, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. E. The International Plumbing Code, 2021 edition, including Appendices C and F, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. F. The International Fuel Gas Code, 2021 edition, including Appendix E, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. G. The International Mechanical Code, 2021 edition, including Appendix C, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. H. The International Existing Building Code, 2021 edition, including Appendix D, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. I. NFPA 70 - The National Electrical Code, 2020 Edition, published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02269. J. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601-2298. 10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Building Code. Section 101.4 is amended to read as follows: 101.4 Referenced codes. The codes specified in Sections 101.4.1-101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted. Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The 3 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX function of this agency shall be the implementation, administration, and enforcement of this code. Section 105.2, item 14 of the Building portion, is amended to read as follows: 14. Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches (762 mm) above grade at any point and are not part of a means of egress or accessible route. Section 110.3.10 is amended to read as follows: 110.3.10 Other Inspections. In addition to the inspections specified in Sections 110.3.1-110.3.9, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation. Section 202 is amended by the addition of the following definitions: ACCESSORY STRUCTURE. A structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. FIRE CHIEF. The Vail Fire Chief or designee. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a structure to safeguard against the spread of fire within a structure and the spread of fire to or from structures to the wildland-urban interface area. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in Chapter 7A. IGNITION-RESISTANT CONSTRUCTION. As described in Section 7A06, the schedule of additional requirements for construction in wildland-urban interface areas based on fire hazard levels. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). NONCOMBUSTIBLE. A building construction material that, in the form in which it is used, is either: 1. Material of which no part will ignite and burn when subjected to fire (any material conforming to ASTM E136 shall be considered noncombustible); or 4 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall conform to item 1 above. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms, that is temporarily placed or installed over an entire pool, spa or hot tub and secured in place after all bathers are absent from the water. UNENCLOSED ACCESSORY STRUCTURE. An accessory structure without a complete exterior wall system enclosing the area under the roof or floor above. WILDLAND-URBAN INTERFACE AREA. That geographical area, as depicted and defined in the Community Wildfire Protection Plan, where structures and other human development meets or intermingles with wildland or vegetative fuels. CHAPTER 7A is added as follows: CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION 7A01 GENERAL 7A01.1 Scope. This Chapter shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure, or premises into or within the wildland-urban interface areas of the Town. Exceptions: 1. Repair or replacement of less than 25% of a deck surface or structure. 2. Repair or replacement of less than 25% of the exterior siding of a structure. 3. Accessory structures not exceeding 120 sq/ft in floor area where located not less than 30 feet from buildings containing habitable spaces. 4. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. 7A01.2 Objectives. Because the unrestricted use of property in wildland- urban interface areas is a potential threat to life and property from fire and resulting erosion, the objectives of this Chapter are to establish minimum 5 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX regulations consistent with nationally recognized good practice for the safeguarding of life and for property protection, and to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. These regulations are intended to be tiered commensurate with the relative level of hazard present. This Chapter supplements the Town's codes to provide for special regulations to mitigate fire and life-safety hazards in the wildland-urban interface areas. 7A01.3 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with the requirements of this chapter; provided that the addition or alteration conforms to that required for a new building or structure. 7A02 APPLICABILITY 7A02.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this Chapter specify different materials, methods of construction or other requirements, the most restrictive shall apply. 7A02.2 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this Chapter shall be permitted to continue without change, except as is specifically governed by the International Fire Code. 7A03 COMPLIANCE ALTERNATIVES 7A03.1 Practical difficulties. Where there are practical difficulties involved in carrying out provisions of this Chapter, the building official or fire chief are authorized to grant modifications for individual cases upon application, in writing, by the owner or owner’s authorized agent. The building official or fire chief shall first find that a special individual reason makes enforcement of this Chapter impractical, that the modification is in conformance to the intent and purpose of this Chapter, and that the modification does not lessen any fire protection requirements or any degree of structural integrity. 7A03.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the building official or fire chief, the building official or fire chief are authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the code official and the owner or the owner's authorized agent, and shall analyze the fire safety of 6 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes. 7A03.3 Alternative materials or methods. This Chapter is not intended to prevent the use of any material, design or method not specifically prescribed by this Chapter, provided that any such alternative is approved. An alternative material, design or method shall be approved where the building official and fire chief find that the proposed design is satisfactory and complies with the intent of this Chapter, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability, and safety. If an alternative material, design or method is not approved, the building official or fire chief shall provide written reasons as to why the alternative was not approved. 7A04 SPECIAL CONSTRUCTION REGULATIONS 7A04.1 General. Structures shall be constructed in accordance with this Section, unless previously exempted in Section 7A01.1. 7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1-hour fire-resistance-rated construction, the fire-resistance rating of building elements, components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263. Exceptions: 1. The fire-resistance rating of building elements, components or assemblies based on the prescriptive designs prescribed in Section 721. 2. The fire-resistance rating of building elements, components or assemblies based on the calculation procedures in Section 722. 7A05 IGNITION-RESISTANT MATERIAL 7A05.1 General. Structures hereafter constructed, modified, or relocated into or within wildland-urban interface areas shall meet the requirements of Section 7A06. Materials required to be ignition-resistant shall comply with the requirements of Section 7A05.2. 7A05.2 Ignition-resistant building materials. Ignition-resistant building materials shall comply with any one or more of the following: 1. Material shall be tested on all sides with the extended ASTM E 84 (UL 723) test or ASTM E 2768, except panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or with ASTM E 2768, comply with the following: 7 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive combustion following the extended 30-minute test. 1.2. Flame front. Material shall exhibit a flame front that does not progress more than 10½ feet (3200 mm) beyond the centerline of the burner at any time during the extended 30-minute test. 1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to temperature, moisture, and ultraviolet radiation) contained in the following standards, as applicable to the materials and the conditions of use: 1.3.1. Method A "Test Method for Accelerated Weathering of Fire- Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire- retardant-treated wood, wood- plastic composite and plastic lumber materials. 1.3.2. ASTM D 7032 for wood-plastic composite materials. 1.3.3. ASTM D 6662 for plastic lumber materials. 1.4. Identification. Materials shall bear identification showing fire test results. Exceptions: 1. Materials composed of a combustible core and a noncombustible exterior covering, made from either aluminum at a minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel at a minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap. 2. Noncombustible material. Material that complies with the requirements for noncombustible materials. 3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 4. Materials meeting the following standards of quality. 4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for a 10-minute duration. 4.2. SFM Standard 12-7A-3, Horizontal Projection Underside. A fire resistance test standard consisting of a 300kW intensity direct flame exposure for a10-minute duration. 4.3. SFM Standard 12-7A-4, Decking. A two-part test consisting of a heat release rate (Part A) deck assembly combustion 8 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX test with an under-deck exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.2lb (1kg) burning "Class A" size 12"x12"x2.25" (300mm x 300mm x 57mm) roof test brand. 4.4. SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release deck assembly combustion test with an under- deck exposure of 80kW intensity direct flame for a 3-minute duration. 4.5. SFM Standard 12-7A-5, Ignition-resistant Material. A generic building material surface burning flame spread test standard consisting of an extended 30-minute ASTM E84 or UL 723 test method as is used for fire-retardant-treated wood. 5. Exterior Windows. Dual or triple pane windows that meet the requirements of the International Energy Conservation Code. 7A06 IGNITION-RESISTANT CONSTRUCTION 7A06.1 General. Ignition-resistant construction shall comply with Sections 7A06.2-7A06.11. 7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of this code. 7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion- resistant metal installed over a minimum 36 inch (914 mm) wide underlayment consisting of one layer of 72 pound (32.4 kg) mineral- surfaced, non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 7A06.3 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by ignition-resistant building materials or by materials approved for not less than 1 hour fire-resistance-rated construction, 2 inch (51 mm) nominal dimension lumber, or 1 inch (25 mm) nominal fire- retardant-treated wood or ¾ inch (19.1 mm) nominal fire-retardant-treated plywood, identified for exterior use and complying with Section 2303.2. Fascias are required and shall be protected on the back-side by ignition- resistant building materials or by materials approved for not less than 1- hour fire-resistance-rated construction or 2 inch (51 mm) nominal dimension lumber. 7A06.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 7A06.5 Exterior walls. Exterior walls of structures shall be constructed with one of the following methods and all such material shall extend from the top of the foundation to the underside of the roof sheathing: 9 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1. Materials approved for not less than 1 hour fire-resistance- rated construction on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Ignition-resistant building materials complying with Section 7A05.2 on the exterior side. Exception: Combustible siding materials not complying with Section 7A05.2 may be used but shall not cover more than 33% of a given wall and shall not be within 5 feet of finish grade. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. 7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 7A06.5. Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire- resistance-rated construction or heavy timber construction or fire-retardant- treated wood, if labeled for exterior use and complying with Section 2303.2. 7A06.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1 hour fire-resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials. 2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 3. Ignition-resistant building materials in accordance with Section 7A05.2. 7A06.8 Exterior doors. Exterior doors shall be constructed of approved noncombustible materials, standard solid core wood not less than 1¾ inches thick (44 mm) or have a fire protection rating of not less than 20 minutes. Tempered glass doors are permissible. Exception: Vehicle access doors. 7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each and shall be covered with noncombustible corrosion-resistant materials with openings not to exceed ¼ inch (6.4 mm) or perforated noncombustible materials with perforations not to exceed ¼ inch (6.4 mm), or shall be designed and approved to prevent flame or ember penetration into the structure. 10 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 7A06.9.1 Vent locations. Attic ventilation openings shall not be located in the inner two thirds of soffits, eave overhangs, or other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical. 7A06.10 Detached accessory structures. Detached accessory structures located less than 30 feet (15,240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire-resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or ignition resistant building materials in accordance with Section 7A05.2. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.10.1 Underfloor areas. Where the detached accessory structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10%, the area below the structure shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 7A06.5 or underfloor protection in accordance with Section 7A06.6. Exception: Enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy-timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and comply with Section 2303.2. 7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues, incinerators, or decorative heating appliances in which solid or liquid fuel is used shall include a spark arrester constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch, 2.66 mm) having openings not exceeding ½ inch (12.7 mm). The net free area of the spark arrester shall be not less than 4 times the net free area of the outlet of the chimney. Section 1505.1 is amended to read as follows: 1505.1 General. All roof assemblies and roof coverings shall be Class A. Wood shakes and shingles are prohibited unless exempted for replacement or repair as defined in Section 1505.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. Section 1505.1.1 is added as follows: 11 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1505.1.1 Replacement or repair. Each structure with a nonconforming roof covering or roof assembly shall be allowed one replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. Emergency repairs of less than 10 sq/ft shall not be subject to the 25% rule. Table 1505.1 is deleted. Sections 1505.3, 1505.4, 1505.5, 1505.6, and 1505.7 are deleted. Section 1507.1.2 is amended to read as follows: 1507.1.2 Ice barriers. Ice barriers shall be installed for all shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. Exception: Detached accessory structures that do not contain conditioned floor area. Sections 1507.8 and 1597.9 are deleted. Section 1511.7.6 is added as follows: 1511.7.6 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings, areas directly above or in front of utility meters, and adjacent properties. Snow retention devices shall be designed by a registered design professional or as approved by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface. Section 1603.2 is added as follows: 1603.2 Boulder or rock walls. Boulder or rock walls with a height greater than 4 feet (1219 mm) shall be designed by a registered design professional and comply with Section 1603.1. Section 1604.1.1 is added as follows: 1604.1.1 Hazard areas. All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazard areas shall be designed in compliance with Title 12, Chapter 21 of the Vail Town Code. Section 1608.1 is amended to read as follows: 12 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1608.1 General. Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, and design roof loads shall be not less than that determined by Section 1608.2. Section 1608.2 is amended to read as follows: 1608.2 Ground and roof snow loads. The ground snow loads to be used in determining the design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a snow load of 100 pounds per sq/ft. 2. Roof pitches of 4:12 and greater shall be designed to carry a snow load of 80 pounds per sq/ft. All structures shall be designed in accordance with accepted engineering practice for non-slippery roof surfaces. Snow loads for decks and exterior balconies shall be as required for roofs. Section 1612.3 is amended to read as follows: 1612.3 Flood hazard areas. The Town has adopted a flood hazard map including areas of special flood hazard as identified by FEMA in the report entitled "The Flood Insurance Study for The Town of Vail" dated December 2007, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data. The flood hazard map and supporting data are hereby adopted by reference. Section 2111.1 is amended to read as follows: 2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall comply with this Section and Title 5, Chapter 3 of the Vail Town Code. Section 2902.2, Exception 2 is amended to read as follows: 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or fewer. Section 2902.2, Exception 4 is deleted. Section 3107.1 is amended to read as follows: 3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code and Title 11 of the Vail Town Code. Section 3109 is amended to read as follows: SECTION 3109 SWIMMING POOLS, SPAS AND HOT TUBS 3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the requirements of Sections 3109.2-3109.5, other applicable sections of this code, and the Colorado Department of 13 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Public Health and Environment (CDPHE) Water Quality Control Division standard 5 CCR 1003-5. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall be exempt from Sections 3109.2-3109.6. 3109.2 Public and semi-public swimming pools. Public and semi-public swimming pools shall be completely enclosed by a barrier not less than 60 inches (1524 mm) in height and shall comply with Sections 3109.4-3109.6. 3109.3 Private swimming pools. Private swimming pools shall be completely enclosed by a barrier not less than 48 inches (1524 mm) in height and shall comply with Sections 3109.4-3109.6. 3109.4 Barriers. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). 3109.4.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3109.4.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints. 3109.4.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the barrier. Spacing between vertical members shall be not greater than 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2¼ inch (57 mm) square unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1¾ inches (44 mm). 14 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 3109.4.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1¾ inches (44 mm). 3109.4.7 Clear zone. Where any equipment, including pool equipment, are on the same lot as a pool or spa and such equipment is located outside of the barrier protecting the pool or spa, such equipment shall be located not less than 36 inches (914 mm) from the outside of the barrier. 3109.4.8 Doors and gates. Access doors or gates shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self- latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. If the release mechanism of the self- latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more below the top of the door or gate, and the door or gate and barrier shall be without openings greater than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.9 Structure wall as barrier. Where a wall of a structure serves as part of the barrier, one of the following shall apply: 1. Doors, gates and operable windows with direct access to the pool through the wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be accessible units, Type A units or Type B units, the alarm deactivation switch(es) shall be located not less than 54 inches (1372 mm) above the finished floor. In dwellings required to be Accessible units, Type A units or Type B units, the alarm deactivation switch(es) shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor. In structures other than dwellings, the alarm deactivation switch(es) shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor. 2. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spas. 3. An approved means of protection, such as self-closing doors with self-latching devices, that provides a degree of protection that is not less than the protection afforded by Item 1 or 2. 3109.4.10 Pool structure as barrier. Where an above-ground pool structure is used as a barrier or the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Section 3109.4.1-3109.4.8. Where the ladder or 15 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch (102 mm) diameter sphere. 3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.9. 3109.6 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb over the barriers. 3109.7 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7. 10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Residential Code. Section R105.2, Item 10 in the Building portion, is amended to read as follows: 10. Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches (762 mm) above grade at any point, and not serving the exit door required by Section R311.4. Section R109.1.5 is amended to read as follows: R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1-R109.1.4, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation. Table R301.2 is amended to read as follows: CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOADo WIND DESIGN SEISMIC DESIGN CATEGORYf SUBJECT TO DAMAGE FROM ICE BARRIER UNDERLAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj Speedd (mph) Topographical effectsk Special wind regionl Windborne debris zonem Weatheringa Frost line depthb Termitec 140 115 NO NO NO B SEVERE 48" None to Slight YES, 100% - 2500 37.40 MANUAL J DESIGN CRITERIAn Elevation Altitude correction factore Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry-bulb temperature Outdoor winter design dry- bulb temperature Heating temperature difference 8150' .745 540 30% 700 -50 750 Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature difference 39.640 N H 50% -33 to -53 750 820 70 Section R301.2.3 is amended to read as follows: 16 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX R301.2.3 Snow loads. The ground snow loads to be used in determining design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a snow load of 100 pounds per sq/ft. 2. Roof pitches of 4:12 and greater shall be designed to carry a snow load of 80 pounds per sq/ft. All buildings and structures shall be designed in accordance with accepted engineering practice for non-slippery roof surfaces. Snow loads for decks and exterior balconies shall be as required for roofs. Section 311.7.11, Exception is amended to read as follows: Exception: Alternating tread devices are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom. Section R311.7.12, Exception is amended to read as follows: Exception: Ships ladders are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom. Section R313.1, Exception is amended to read as follows: Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a townhouse unit that is 3600 sq/ft or greater, including attached garages. Existing townhouses that are 3600 sq/ft or more may add up to 100 sq/ft of floor area without triggering the sprinkler retrofit requirement. This exemption may only be taken once and does not include a detached garage. Section R313.1.1 is amended to read as follows: R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency Services sprinkler installation standards. Section R313.2, Exception is amended to read as follows: Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a one- or two-family dwelling that is 3,600 sq/ft or greater, including attached garages. 17 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Existing one- or two-family dwellings of 3600 sq/ft or more may add up to 100 sq/ft of floor area without triggering the sprinkler retrofit requirement. This exemption may only be taken once. This does not include a detached garage. For purposes of this Section, a two-family dwelling shall be considered two separate structures. Section R313.2.1 is amended to read as follows: R313.2.1 Design and installation. Automatic residential fire sprinkler systems for one- and two-family dwellings shall be designed and installed in accordance with NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency Services sprinkler installation standards. Section R315.2 is amended to read as follows: R315.2 Where required. Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.2.1 is amended to read as follows: R315.2.1 New construction. For new construction, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.3 is amended by the addition of the following text: In addition to the above locations, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.7 is amended to read as follows: R315.7 Carbon monoxide detection systems. Carbon monoxide detection systems shall be permitted to be used in lieu of carbon monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.7.2 is amended to read as follows: R315.7.2 Location. Carbon monoxide detectors shall be installed in accordance with Section R315.3. Section R327.1 is amended to read as follows: R327.1 General. The design and construction of swimming pools and spas shall comply with Section 3109 of the Vail Building Code. Section R329.2 is amended to read as follows: R329.2 Installation. The installation of stationary engine generators shall be in an approved location and in accordance with the listing, the manufacturer's installation instructions and NFPA 70. 18 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section R507.2.1 is amended by the addition of the following exception: Exception: An approved flashing detail in accordance with Section R507.2.4 that prevents moisture and water accumulation on member surfaces and joints may be utilized in-lieu of preservative-treated materials. Section R902.1 is amended to read as follows: R902.1 Roofing materials. All roof assemblies and roof coverings shall be Class A. Wood shakes and shingles are prohibited unless exempted for replacement or repair as defined in Section 1505.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non- perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Section R902.1.1 is added as follows: R902.1.1 Replacement or repair. Each structure with a nonconforming roof covering or roof assembly shall be allowed one replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. Emergency repairs of less than 10 sq/ft are not subject to the 25% rule. For purposes of this Section, a two-family dwelling shall be considered two separate structures. Section R902.2 is deleted. Section R903.5 is added as follows: R903.5 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto areas directly above or in front of utility meters or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as approved by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface. Section R905.1.2 is amended to read as follows: R905.1.2 Ice barriers. Ice barriers shall be installed for all shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. 19 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Exception: Detached accessory structures that do not contain conditioned floor area. Sections R905.7 and R905.8 are deleted. Section R1001.1 is amended to read as follows: R1001.1 General. Masonry fireplaces shall be constructed in accordance with this Section, the applicable provisions of Chapters 3 and 4 of this code, and Title 5, Chapter 3 of the Vail Town Code. Chapters 11-43 are deleted from the Vail Residential Code and replaced with the corresponding Vail Codes and the National Electrical Code. 10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Fire Code. Section 202 is amended by the addition of the following definitions: FALSE ALARM. See Title 4 of Vail Town Code. PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid fuel burning fireplace constructed of steel, concrete, clay or other non- combustible material and equipped with a screen or other approved spark arrestor, of open design or equipped with a small hearth opening and a short chimney or chimney opening in the top. Section 307.1.1 is amended to read as follows: 307.1.1 Prohibited open burning. The following burning activities are prohibited: 1. Open burning. 2. Bonfires. 3. Recreational fires. 4. The burning of any materials when a National Weather Service Red Flag Warning is activated. 5. The burning of any materials when Stage 2 or 3 fire restrictions are in place. 6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions are in place. Exceptions: 1. Burning conducted for training purposes by Vail Fire and Emergency Services. 20 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 2. If the burning is a smokeless flare or safety flare used to indicate danger to the public. 3. Open burning conducted pursuant to a permit issued by the Fire Code Official upon written application, if the Fire Code Official determines that such burning will be performed without hazard to the public health, safety or welfare. 4. Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the Fire Code Official. 5. The use of propane or natural gas appliances equipped with automatic shut-off controls. Section 307.3 is amended to read as follows: 307.3 Extinguishment authority. Where any open burning, permitted or otherwise (including the use of a portable outdoor fireplace), creates or adds to a hazardous situation or creates a nuisance or health risk due to smoke or other products of combustion, the fire shall be ordered to be extinguished by Vail Fire and Emergency Services or the Vail Police Department. Sections 307.4.1 and 3.07.4.2 are deleted. Section 307.4.3 is amended to read as follows: 307.4.3 Portable outdoor fireplaces. Use of a portable outdoor fireplace shall be permitted, subject to the following restrictions: 1. Portable outdoor fireplaces shall be equipped with a properly fitting spark screen or arrestor. 2. Portable outdoor fireplaces shall be used in accordance with manufacturer's instructions. 3. Portable outdoor fireplaces shall maintain a minimum clearance of 15 feet from any structure or other combustible materials. 4. Smoke created from a portable outdoor fireplace shall be maintained in such a manner as to avoid causing a nuisance or hazardous condition. 5. Use of a portable outdoor fireplace shall be in accordance with Section 307.5, as amended. 6. Use of a portable outdoor fireplace on short-term rental property is strictly prohibited. 7. Use of a portable outdoor fireplace is prohibited when Stage 2 or 3 fire restrictions are in place. Section 308.1.4, Exception 3 is amended to read as follows: 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 20 pounds [nominal 17-pound (0.454 kg) LP gas capacity]. 21 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section 308.3.1 is amended to add: 11. Candles may only be used in constantly attended locations. Section 308.1.6.3 is amended to read as follows: 308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited. Section 503.6 is amended to read as follows: 503.6 Security gates. The installation of security gates across a fire apparatus access road or driveway shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. Section 605.9 is amended to read as follows: 605.9 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Snow & ice build-up around gas and other utility meters shall be kept clear and maintained at all times. Section 903.2.10, item 2 is amended by deleting the exception. Section 903.3.1.3 is amended to read as follows: 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems in one- and two-family dwellings and townhouses shall be installed in accordance with NFPA 13D and Vail Fire and Emergency Services installation standards. Section 903.4 is amended by deleting all exceptions. Section 907.2 is amended to read as follows: 907.2 Where required. An approved fire alarm system installed in accordance with this code, NFPA 72 and Vail Fire and Emergency Services installation standards is required in new buildings, structures, one- and two- family dwellings and townhomes in accordance with Sections 907.2.1- 907.2.23, with occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. Not fewer than one manual fire alarm box is required in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. 22 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Exceptions: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the Fire Code Official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public. 3. The manual fire alarm box is not required for fire alarm systems dedicated to one- and two-family dwellings and townhouses. Section 907.2.11.2 is amended to read as follows: 907.2.11.2 Groups R-2, R-3, R-4, I-2, and all residential properties for rent or lease. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, I-2, and all residential properties that are available for rent or lease, regardless of occupant load, in all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Section 907.4.1 is amended by the addition of the following Exception: 2. In residential installations where the control panel is located in a closet or room with no mechanical equipment. Section 907.6.6 is amended by deleting all exceptions. Section 915.1.1 is amended to read as follows: 915.1.1 Where required. Carbon monoxide detection shall be provided in Group I-1, I-2, I-4, R, one- and two-family dwellings and townhomes, and in classrooms in E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2-915.1.6 exist. Section 1103.8 is amended to read as follows: 1103.8 Single- and multiple-station smoke alarms. Single- and multiple- station smoke alarms shall be installed in existing I-1, R, one- and two- family dwellings and townhomes in accordance with Sections 1103.8.1- 1103.8.3. Section 1103.8.1 is amended by deleting Exception 2. 23 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Appendix B, Section B101.1 is amended by the addition of the following: The maximum flow reduction for sprinklered buildings shall not exceed 50%. 10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code, 2021 Edition: Section C101.1 is amended to read as follows: C101.1 Title. These regulations shall be known as the Vail Energy Conservation Code. Section C202 is amended by the addition of the following definitions: EV-CAPABLE PARKING SPACE. A parking space for an electric vehicle (EV) with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and a dedicated, labeled space in the electrical panel. EV-INSTALLED PARKING SPACE. A parking space for an electric vehicle (EV) that has the EV supply equipment (EVSE) fully installed from the electrical panel to the parking space, including charging equipment. Section C405.13 is added as follows: C405.13 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table C405.13. Exception: A request for a reduction in the number of required EV- installed parking spaces can be made if DC fast charging stations are installed to fulfill the requirements of this subsection. An EV parking study must be submitted to support the request and based on the findings of the analysis or study, the building official is authorized to approve a reduction in the number of required EV-installed parking spaces. Table C405.13 is added as follows: TABLE C405.13 EV PARKING SPACESa Property Type Space Requirements All commercial properties (incl. multi-family developments) 5% EV-installed parking spaces + 50% EV-capable parking spaces a. These provisions are for new construction only. Section R101.1 is amended to read as follows: R101.1 Title. These regulations shall be known as the Vail Energy Conservation Code. Section R202 is amended by the addition of the following definitions: 24 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX EV-CAPABLE PARKING SPACE. An EV parking space with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, with a dedicated, labeled space within the electrical panel. SOLAR-READY ZONE. A section of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system. Table R402.1.3 is amended by deleting footnote i. Section R403.7 is amended to read as follows: R403.7 Equipment sizing and efficiency rating. Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other heating and cooling calculation methodologies. All new heating and cooling equipment shall have an efficiency rating of 92% AFUE or better. Exception: The replacement, alteration or repair of an existing system. Section R403.13 is added as follows: R403.13 Fire pits. Gas fueled fire pits and other outdoor fireplaces and appliances require automatic shut-off controls with a maximum 60-minute timer. Section R403.14 is added as follows: R403.14 Solar-ready zone. New one- and two-family dwellings and townhouses with not less than 600 sq/ft (55.74 m2) of roof area oriented between 110 degrees and 270 degrees of true north, shall comply with Sections R403.14.1-R403.7. Exceptions: 1. A new residential building with a permanently installed on-site renewable energy system. 2. A building where all areas of the roof that would otherwise meet the requirements of Section R403.14 are in full or partial shade for more than 70% of daylight hours annually. R403.14.1 Construction document requirements for solar-ready zone. Construction documents shall indicate the solar-ready zone. R403.14.2 Solar-ready zone. The solar-ready zone shall be not less than 300 sq/ft (27.87 m2) exclusive of mandatory access or setback areas as required by the Vail Fire Code. New townhouses of 3 stories or less in height above grade plane and with a total floor area less than or equal to 2,000 sq/ft (185.8 m2) per dwelling shall have a solar-ready zone area of not less than 150 sq/ft (13.94 m2). The solar-ready zone shall be composed of areas not less than 5 feet (1524 mm) in width and not less than 80 sq/ft 25 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX (7.44 m2) exclusive of access or set-back areas as required by the Vail Fire Code. R403.14.3 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and other roof- mounted equipment. R403.14.4 Capped roof penetration sleeve. A capped roof penetration sleeve shall be provided adjacent to all solar-ready zones located on roofs. The capped roof penetration sleeve shall be sized to accommodate the future photovoltaic system conduit and shall have an inside diameter of not less than 1½ inches (38 mm). R403.14.5 Roof load documentation. The structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents. R403.14.6 Interconnection pathway. Construction documents shall indicate pathways for routing of conduit or plumbing from the solar-ready zone to the electrical service panel or service hot water system. R403.14.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled "For Future Solar Electric." The reserved space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. R403.14.8 Certificate. A permanent certificate, indicating the solar-ready zone and other requirements of this section, shall be posted near the electrical distribution panel, water heater or other conspicuous location by the builder or registered design professional. Section R404.4 is added as follows: R404.4 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table R404.4. Table R404.4 is added as follows: TABLE R404.4 EV PARKING SPACESa Property Type Space Requirements One- and two-family dwellings, townhouses 1 EV-capable space per dwelling unit a. These provisions are for new construction only. Section R404.5 is added as follows: R404.5 Electric readiness. Systems using gas or propane to serve individual dwelling units shall comply with R404.5.1 and R404.5.2. R404.5.1 Receptacle required. A dedicated electrical receptacle connected to the electric panel with an appropriately sized branch circuit 26 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX shall be provided within 36 inches (914 mm) of each gas or propane water heater, clothes dryer, and conventional cooking appliance. R404.5.2 Receptacle identification. The branch circuits within the electric panel serving the future electric appliances shall be appropriately labeled for their intended use. 10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The International Plumbing Code, 2021 Edition, is amended by all amendments adopted by the State of Colorado and referred to as the "Colorado Plumbing Code", in addition to the following: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Plumbing Code. Section 103.1 is amended to read as follows: 103.1 Creation of Agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Section 305.4.1 is amended to read as follows: 305.4.1 Sewer depth. Per Eagle River Water and Sanitation District (ERWSD) standards, building sewers shall be installed not less than 54 inches (1372 mm) below grade. Section 903.1 is amended to read as follows: 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 16 inches (406 mm) above the roof. Section 903.2 is amended to read as follows: 903.2 Frost closure. Vent extensions through a roof or wall shall be not less than 3 inches (76 mm) in diameter. Any increase in size of the vent shall be made not less than 1 foot (305 mm) inside the thermal envelope of the building. 10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The International Fuel Gas Code, 2021 Edition is amended by all amendments adopted by the State and referred to as the "Colorado Fuel Gas Code," and the following : Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Fuel Gas Code. Section 103.1 is amended to read as follows: 27 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Table 503.8 is amended as follows: A Clearance above finished grade level, veranda, porch, deck, or balcony 36 inches (all other values within the table are unchanged.) 10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the International Mechanical Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Mechanical Code. Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Section 401.4 is amended by the addition of the following text: 5. The bottom of intake openings shall be located not less than 36 inches (914 mm) above finished grade. Section 701.3 is added as follows: 701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches (914 mm) above finished grade. Section 804.3.4, Item 6 is amended to read as follows: 6. The bottom of the vent termination shall be located not less than 36 inches (914 mm) above finished grade. 10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE: The following amendments are hereby made to the International Existing Building Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Existing Building Code. 28 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 101.4.2 is amended to read as follows: 101.4.2: Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Vail Fire Code, or as deemed necessary by the code official for safety. 10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70: The Town hereby adopts, by reference, all amendments to the National Electrical Code, NFPA 70, 2020 Edition, as adopted by the State of Colorado and referred to as the "Colorado Electrical Code". 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendment is hereby made to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition: Section 301 is amended to read as follows: Section 301 General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this section or as specified in the Vail Building Code. BUILDING CODE is the 2021 International Building Code, as adopted, amended and titled the Vail Building Code. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10-1-12: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of any code adopted in this Chapter. B. Violations of this Chapter shall be subject to the penalties provided in Section 1-4-1 of this Code. Each day the violation continues shall constitute a separate offense. In addition, the Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief for a violation of any provision of this Chapter. Section 2. The Codes adopted and amended by this Ordinance shall be effective for all complete building permit applications received by the Town's Community Development Department on or after July 5, 2022. 29 5/5/2022 S:\COMMUNITY DEVELOPMENT\BUILDING\CODE REFERENCE ITEMS & ADOPTION\2021 CODES\COUNCIL PACKAGE\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section 3. 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 it 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 4. The amendment of any provision of the Vail Town Code in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3 rd day of May, 2022 and a public hearing for second reading of this Ordinance set for the ___ day of _________________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ________________________________ Kim Langmaid, Mayor ATTEST: _______________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of ________________, 2022. ________________________________ Kim Langmaid, Mayor ATTEST: _______________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of May 2022. Witness my hand and seal this 18th day of May 2022. Stephanie Bibbens Deputy Town Clerk 1 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX ORDINANCE NO. 8 SERIES OF 2022 AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL TOWN CODE AND ADOPTING BY REFERENCE THE 2021 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL EXISTING BUILDING CODE AND THE 2020 EDITION OF THE NATIONAL ELECTRICAL CODE, WITH AMENDMENTS; AND ADOPTING THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, WITH AMENDMENTS WHEREAS, the 2021 editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code; and the 2020 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings have been published; WHEREAS, the adoption and use of the 2020 edition of the National Electrical Code is required by the State of Colorado; WHEREAS, the 2018 International Codes currently adopted by the Town of Vail lack the updates contained within in the 2021 International Codes that address modern construction means, methods, safety improvements, and code clarity; and WHEREAS, the Town's Building and Fire Code Appeals Board has recommended adoption of the codes as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 1 of Title 10 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 10-1-1: CODES ADOPTED BY REFERENCE: The following codes are hereby adopted by reference, as amended. Copies shall be available for inspection at the office of the Town Clerk during regular business hours and can be viewed online at www.iccsafe.org and www.vailgov.com: A. The International Building Code, 2021 edition, including Appendices B, E, G, J, K, and O published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. 2 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX B. Chapters 1-10 of The International Residential Code, 2021 edition, including Appendices AF, AJ and AV, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. C. The International Fire Code, 2021 edition, including Appendices A, B, C, D, E, F, G, H, I, J, and N published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. D. The International Energy Conservation Code, 2021 edition, including Appendices CA and RA, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. E. The International Plumbing Code, 2021 edition, including Appendices C and F, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. F. The International Fuel Gas Code, 2021 edition, including Appendix E, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. G. The International Mechanical Code, 2021 edition, including Appendix C, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. H. The International Existing Building Code, 2021 edition, including Appendix D, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975. I. NFPA 70 - The National Electrical Code, 2020 Edition, published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02269. J. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601-2298. 10-1-2: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Building Code. Section 101.4 is amended to read as follows: 101.4 Referenced codes. The codes specified in Sections 101.4.1-101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted. Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The 3 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX function of this agency shall be the implementation, administration, and enforcement of this code. Section 105.2, item 14 of the Building portion, is amended to read as follows: 14. Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches (762 mm) above grade at any point and are not part of a means of egress or accessible route. Section 110.3.10 is amended to read as follows: 110.3.10 Other Inspections. In addition to the inspections specified in Sections 110.3.1-110.3.9, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation. Section 202 is amended by the addition of the following definitions: ACCESSORY STRUCTURE. A structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. FIRE CHIEF. The Vail Fire Chief or designee. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a structure to safeguard against the spread of fire within a structure and the spread of fire to or from structures to the wildland-urban interface area. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently to reduce losses from wildland-urban interface conflagrations under worst-case weather and fuel conditions with wildfire exposure of burning embers and small flames, as prescribed in Chapter 7A. IGNITION-RESISTANT CONSTRUCTION. As described in Section 7A06, the schedule of additional requirements for construction in wildland-urban interface areas based on fire hazard levels. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is at least 6 inches (152 mm). NONCOMBUSTIBLE. A building construction material that, in the form in which it is used, is either: 1. Material of which no part will ignite and burn when subjected to fire (any material conforming to ASTM E136 shall be considered noncombustible); or 4 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. "Noncombustible" does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall conform to item 1 above. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring mechanisms, that is temporarily placed or installed over an entire pool, spa or hot tub and secured in place after all bathers are absent from the water. UNENCLOSED ACCESSORY STRUCTURE. An accessory structure without a complete exterior wall system enclosing the area under the roof or floor above. WILDLAND-URBAN INTERFACE AREA. That geographical area, as depicted and defined in the Community Wildfire Protection Plan, where structures and other human development meets or intermingles with wildland or vegetative fuels. CHAPTER 7A is added as follows: CHAPTER 7A FIRE-RESISTIVE CONSTRUCTION 7A01 GENERAL 7A01.1 Scope. This Chapter shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure, or premises into or within the wildland-urban interface areas of the Town. Exceptions: 1. Repair or replacement of less than 25% of a deck surface or structure. 2. Repair or replacement of less than 25% of the exterior siding of a structure. 3. Accessory structures not exceeding 120 sq/ft in floor area where located not less than 30 feet from buildings containing habitable spaces. 4. Agricultural buildings located not less than 30 feet from buildings containing habitable spaces. 7A01.2 Objectives. Because the unrestricted use of property in wildland- urban interface areas is a potential threat to life and property from fire and resulting erosion, the objectives of this Chapter are to establish minimum 5 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX regulations consistent with nationally recognized good practice for the safeguarding of life and for property protection, and to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. These regulations are intended to be tiered commensurate with the relative level of hazard present. This Chapter supplements the Town's codes to provide for special regulations to mitigate fire and life-safety hazards in the wildland-urban interface areas. 7A01.3 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with the requirements of this chapter; provided that the addition or alteration conforms to that required for a new building or structure. 7A02 APPLICABILITY 7A02.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall apply. Where, in any specific case, different sections of this Chapter specify different materials, methods of construction or other requirements, the most restrictive shall apply. 7A02.2 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this Chapter shall be permitted to continue without change, except as is specifically governed by the International Fire Code. 7A03 COMPLIANCE ALTERNATIVES 7A03.1 Practical difficulties. Where there are practical difficulties involved in carrying out provisions of this Chapter, the building official or fire chief are authorized to grant modifications for individual cases upon application, in writing, by the owner or owner’s authorized agent. The building official or fire chief shall first find that a special individual reason makes enforcement of this Chapter impractical, that the modification is in conformance to the intent and purpose of this Chapter, and that the modification does not lessen any fire protection requirements or any degree of structural integrity. 7A03.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the building official or fire chief, the building official or fire chief are authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the Town, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the code official and the owner or the owner's authorized agent, and shall analyze the fire safety of 6 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes. 7A03.3 Alternative materials or methods. This Chapter is not intended to prevent the use of any material, design or method not specifically prescribed by this Chapter, provided that any such alternative is approved. An alternative material, design or method shall be approved where the building official and fire chief find that the proposed design is satisfactory and complies with the intent of this Chapter, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this Chapter in quality, strength, effectiveness, fire resistance, durability, and safety. If an alternative material, design or method is not approved, the building official or fire chief shall provide written reasons as to why the alternative was not approved. 7A04 SPECIAL CONSTRUCTION REGULATIONS 7A04.1 General. Structures shall be constructed in accordance with this Section, unless previously exempted in Section 7A01.1. 7A04.2 Fire-resistance-rated construction. Where this Chapter requires 1-hour fire-resistance-rated construction, the fire-resistance rating of building elements, components or assemblies shall be determined in accordance with the test procedures set forth in ASTM E 119 or UL 263. Exceptions: 1. The fire-resistance rating of building elements, components or assemblies based on the prescriptive designs prescribed in Section 721. 2. The fire-resistance rating of building elements, components or assemblies based on the calculation procedures in Section 722. 7A05 IGNITION-RESISTANT MATERIAL 7A05.1 General. Structures hereafter constructed, modified, or relocated into or within wildland-urban interface areas shall meet the requirements of Section 7A06. Materials required to be ignition-resistant shall comply with the requirements of Section 7A05.2. 7A05.2 Ignition-resistant building materials. Ignition-resistant building materials shall comply with any one or more of the following: 1. Material shall be tested on all sides with the extended ASTM E 84 (UL 723) test or ASTM E 2768, except panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test procedures set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or with ASTM E 2768, comply with the following: 7 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25 and shall not show evidence of progressive combustion following the extended 30-minute test. 1.2. Flame front. Material shall exhibit a flame front that does not progress more than 10½ feet (3200 mm) beyond the centerline of the burner at any time during the extended 30-minute test. 1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. Materials shall meet the performance requirements for weathering (including exposure to temperature, moisture, and ultraviolet radiation) contained in the following standards, as applicable to the materials and the conditions of use: 1.3.1. Method A "Test Method for Accelerated Weathering of Fire- Retardant-Treated Wood for Fire Testing" in ASTM D 2898, for fire- retardant-treated wood, wood- plastic composite and plastic lumber materials. 1.3.2. ASTM D 7032 for wood-plastic composite materials. 1.3.3. ASTM D 6662 for plastic lumber materials. 1.4. Identification. Materials shall bear identification showing fire test results. Exceptions: 1. Materials composed of a combustible core and a noncombustible exterior covering, made from either aluminum at a minimum 0.019-inch (0.48 mm) thickness or corrosion-resistant steel at a minimum 0.0149-inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap. 2. Noncombustible material. Material that complies with the requirements for noncombustible materials. 3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 4. Materials meeting the following standards of quality. 4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing. A fire resistance test standard consisting of a 150 kW intensity direct flame exposure for a 10-minute duration. 4.2. SFM Standard 12-7A-3, Horizontal Projection Underside. A fire resistance test standard consisting of a 300kW intensity direct flame exposure for a10-minute duration. 4.3. SFM Standard 12-7A-4, Decking. A two-part test consisting of a heat release rate (Part A) deck assembly combustion 8 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX test with an under-deck exposure of 80 kW intensity direct flame for a 3-minute duration and a (Part B) sustained deck assembly combustion test consisting of a deck upper surface burning ember exposure with a 12 mph wind for 40 minutes using a 2.2lb (1kg) burning "Class A" size 12"x12"x2.25" (300mm x 300mm x 57mm) roof test brand. 4.4. SFM Standard 12-7A-4A, Decking Alternate Method A. A heat release deck assembly combustion test with an under- deck exposure of 80kW intensity direct flame for a 3-minute duration. 4.5. SFM Standard 12-7A-5, Ignition-resistant Material. A generic building material surface burning flame spread test standard consisting of an extended 30-minute ASTM E84 or UL 723 test method as is used for fire-retardant-treated wood. 5. Exterior Windows. Dual or triple pane windows that meet the requirements of the International Energy Conservation Code. 7A06 IGNITION-RESISTANT CONSTRUCTION 7A06.1 General. Ignition-resistant construction shall comply with Sections 7A06.2-7A06.11. 7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of this code. 7A06.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage) corrosion- resistant metal installed over a minimum 36 inch (914 mm) wide underlayment consisting of one layer of 72 pound (32.4 kg) mineral- surfaced, non-perforated cap sheet complying with ASTM D 3909 running the full length of the valley. 7A06.3 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by ignition-resistant building materials or by materials approved for not less than 1 hour fire-resistance-rated construction, 2 inch (51 mm) nominal dimension lumber, or 1 inch (25 mm) nominal fire- retardant-treated wood or ¾ inch (19.1 mm) nominal fire-retardant-treated plywood, identified for exterior use and complying with Section 2303.2. Fascias are required and shall be protected on the back-side by ignition- resistant building materials or by materials approved for not less than 1- hour fire-resistance-rated construction or 2 inch (51 mm) nominal dimension lumber. 7A06.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 7A06.5 Exterior walls. Exterior walls of structures shall be constructed with one of the following methods and all such material shall extend from the top of the foundation to the underside of the roof sheathing: 9 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1. Materials approved for not less than 1 hour fire-resistance- rated construction on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Ignition-resistant building materials complying with Section 7A05.2 on the exterior side. Exception: Combustible siding materials not complying with Section 7A05.2 may be used but shall not cover more than 33% of a given wall and shall not be within 5 feet of finish grade. Combustible siding which has a profile that may allow ember intrusion such as wood shake or wood shingle is prohibited. 7A06.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground with exterior walls in accordance with Section 7A06.5. Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire- resistance-rated construction or heavy timber construction or fire-retardant- treated wood, if labeled for exterior use and complying with Section 2303.2. 7A06.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be not less than 1 hour fire-resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials. 2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2. 3. Ignition-resistant building materials in accordance with Section 7A05.2. 7A06.8 Exterior doors. Exterior doors shall be constructed of approved noncombustible materials, standard solid core wood not less than 1¾ inches thick (44 mm) or have a fire protection rating of not less than 20 minutes. Tempered glass doors are permissible. Exception: Vehicle access doors. 7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or other ventilation openings in vertical exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each and shall be covered with noncombustible corrosion-resistant materials with openings not to exceed ¼ inch (6.4 mm) or perforated noncombustible materials with perforations not to exceed ¼ inch (6.4 mm), or shall be designed and approved to prevent flame or ember penetration into the structure. 10 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 7A06.9.1 Vent locations. Attic ventilation openings shall not be located in the inner two thirds of soffits, eave overhangs, or other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical. 7A06.10 Detached accessory structures. Detached accessory structures located less than 30 feet (15,240 mm) from a building containing habitable space shall have exterior walls constructed with materials approved for not less than 1-hour fire-resistance-rated construction, heavy timber, log wall construction, or constructed with approved noncombustible materials or ignition resistant building materials in accordance with Section 7A05.2. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2. 7A06.10.1 Underfloor areas. Where the detached accessory structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10%, the area below the structure shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in accordance with Section 7A06.5 or underfloor protection in accordance with Section 7A06.6. Exception: Enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction or heavy-timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and comply with Section 2303.2. 7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues, incinerators, or decorative heating appliances in which solid or liquid fuel is used shall include a spark arrester constructed of woven or welded wire screening of 12 USA standard gage wire (0.1046 inch, 2.66 mm) having openings not exceeding ½ inch (12.7 mm). The net free area of the spark arrester shall be not less than 4 times the net free area of the outlet of the chimney. Section 1505.1 is amended to read as follows: 1505.1 General. All roof assemblies and roof coverings shall be Class A. Wood shakes and shingles are prohibited unless exempted for replacement or repair as defined in Section 1505.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. Section 1505.1.1 is added as follows: 11 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1505.1.1 Replacement or repair. Each structure with a nonconforming roof covering or roof assembly shall be allowed one replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. Emergency repairs of less than 10 sq/ft shall not be subject to the 25% rule. Table 1505.1 is deleted. Sections 1505.3, 1505.4, 1505.5, 1505.6, and 1505.7 are deleted. Section 1507.1.2 is amended to read as follows: 1507.1.2 Ice barriers. Ice barriers shall be installed for all shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. Exception: Detached accessory structures that do not contain conditioned floor area. Sections 1507.8 and 1597.9 are deleted. Section 1511.7.6 is added as follows: 1511.7.6 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, stairways, sidewalks, streets, alleys, pedestrian and vehicle exits from buildings, areas directly above or in front of utility meters, and adjacent properties. Snow retention devices shall be designed by a registered design professional or as approved by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface. Section 1603.2 is added as follows: 1603.2 Boulder or rock walls. Boulder or rock walls with a height greater than 4 feet (1219 mm) shall be designed by a registered design professional and comply with Section 1603.1. Section 1604.1.1 is added as follows: 1604.1.1 Hazard areas. All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazard areas shall be designed in compliance with Title 12, Chapter 21 of the Vail Town Code. Section 1608.1 is amended to read as follows: 12 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 1608.1 General. Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, and design roof loads shall be not less than that determined by Section 1608.2. Section 1608.2 is amended to read as follows: 1608.2 Ground and roof snow loads. The ground snow loads to be used in determining the design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a snow load of 100 pounds per sq/ft. 2. Roof pitches of 4:12 and greater shall be designed to carry a snow load of 80 pounds per sq/ft. All structures shall be designed in accordance with accepted engineering practice for non-slippery roof surfaces. Snow loads for decks and exterior balconies shall be as required for roofs. Section 1612.3 is amended to read as follows: 1612.3 Flood hazard areas. The Town has adopted a flood hazard map including areas of special flood hazard as identified by FEMA in the report entitled "The Flood Insurance Study for The Town of Vail" dated December 2007, as amended, with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data. The flood hazard map and supporting data are hereby adopted by reference. Section 2111.1 is amended to read as follows: 2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall comply with this Section and Title 5, Chapter 3 of the Vail Town Code. Section 2902.2, Exception 2 is amended to read as follows: 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 30 or fewer. Section 2902.2, Exception 4 is deleted. Section 3107.1 is amended to read as follows: 3107.1 General. Signs shall be designed, constructed and maintained in accordance with this code and Title 11 of the Vail Town Code. Section 3109 is amended to read as follows: SECTION 3109 SWIMMING POOLS, SPAS AND HOT TUBS 3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the requirements of Sections 3109.2-3109.5, other applicable sections of this code, and the Colorado Department of 13 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Public Health and Environment (CDPHE) Water Quality Control Division standard 5 CCR 1003-5. Where spas or hot tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot tubs or pools are located shall be exempt from Sections 3109.2-3109.6. 3109.2 Public and semi-public swimming pools. Public and semi-public swimming pools shall be completely enclosed by a barrier not less than 60 inches (1524 mm) in height and shall comply with Sections 3109.4-3109.6. 3109.3 Private swimming pools. Private swimming pools shall be completely enclosed by a barrier not less than 48 inches (1524 mm) in height and shall comply with Sections 3109.4-3109.6. 3109.4 Barriers. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). 3109.4.1 Openings. Openings in the barrier shall not allow passage of a 4-inch-diameter (102 mm) sphere. 3109.4.2 Solid barrier surfaces. Solid barriers which do not have openings shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints. 3109.4.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches (1143 mm), the horizontal members shall be located on the swimming pool side of the barrier. Spacing between vertical members shall be not greater than 1¾ inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.4 Widely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is 45 inches (1143 mm) or more, spacing between vertical members shall be not greater than 4 inches (102 mm). Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1¾ inches (44 mm) in width. 3109.4.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2¼ inch (57 mm) square unless the fence is provided with slats fastened at the top or the bottom that reduce the openings to not more than 1¾ inches (44 mm). 14 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 3109.4.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1¾ inches (44 mm). 3109.4.7 Clear zone. Where any equipment, including pool equipment, are on the same lot as a pool or spa and such equipment is located outside of the barrier protecting the pool or spa, such equipment shall be located not less than 36 inches (914 mm) from the outside of the barrier. 3109.4.8 Doors and gates. Access doors or gates shall be equipped to accommodate a locking device. Pedestrian access doors or gates shall open outward away from the pool and shall be self-closing and have a self- latching device. Doors or gates other than pedestrian access doors or gates shall have a self-latching device. If the release mechanism of the self- latching device is located less than 54 inches (1372 mm) from the bottom of the door or gate, the release mechanism shall be located on the pool side of the door or gate 3 inches (76 mm) or more below the top of the door or gate, and the door or gate and barrier shall be without openings greater than ½ inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.9 Structure wall as barrier. Where a wall of a structure serves as part of the barrier, one of the following shall apply: 1. Doors, gates and operable windows with direct access to the pool through the wall shall be equipped with an alarm that produces an audible warning when the door or its screen, if present, are opened. The alarm shall be listed and labeled in accordance with UL 2017. In dwellings not required to be accessible units, Type A units or Type B units, the alarm deactivation switch(es) shall be located not less than 54 inches (1372 mm) above the finished floor. In dwellings required to be Accessible units, Type A units or Type B units, the alarm deactivation switch(es) shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor. In structures other than dwellings, the alarm deactivation switch(es) shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the finished floor. 2. A safety cover that is listed and labeled in accordance with ASTM F1346 is installed for the pools and spas. 3. An approved means of protection, such as self-closing doors with self-latching devices, that provides a degree of protection that is not less than the protection afforded by Item 1 or 2. 3109.4.10 Pool structure as barrier. Where an above-ground pool structure is used as a barrier or the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Section 3109.4.1-3109.4.8. Where the ladder or 15 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch (102 mm) diameter sphere. 3109.5 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.9. 3109.6 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb over the barriers. 3109.7 Entrapment avoidance. Suction outlets shall be designed and installed in accordance with ANSI/APSP-7. 10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Residential Code. Section R105.2, Item 10 in the Building portion, is amended to read as follows: 10. Decks not exceeding 200 sq/ft (18.6 m2) in area, not more than 30 inches (762 mm) above grade at any point, and not serving the exit door required by Section R311.4. Section R109.1.5 is amended to read as follows: R109.1.5 Other inspections. In addition to inspections in Sections R109.1.1-R109.1.4, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with this code and any other Town code, standard, requirement or regulation. Table R301.2 is amended to read as follows: CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOADo WIND DESIGN SEISMIC DESIGN CATEGORYf SUBJECT TO DAMAGE FROM ICE BARRIER UNDERLAYMENT REQUIREDh FLOOD HAZARDSg AIR FREEZING INDEXi MEAN ANNUAL TEMPj Speedd (mph) Topographical effectsk Special wind regionl Windborne debris zonem Weatheringa Frost line depthb Termitec 140 115 NO NO NO B SEVERE 48" None to Slight YES, 100% - 2500 37.40 MANUAL J DESIGN CRITERIAn Elevation Altitude correction factore Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry-bulb temperature Outdoor winter design dry- bulb temperature Heating temperature difference 8150' .745 540 30% 700 -50 750 Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature difference 39.640 N H 50% -33 to -53 750 820 70 Section R301.2.3 is amended to read as follows: 16 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX R301.2.3 Snow loads. The ground snow loads to be used in determining design snow loads shall be 142 pounds per sq/ft. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a snow load of 100 pounds per sq/ft. 2. Roof pitches of 4:12 and greater shall be designed to carry a snow load of 80 pounds per sq/ft. All buildings and structures shall be designed in accordance with accepted engineering practice for non-slippery roof surfaces. Snow loads for decks and exterior balconies shall be as required for roofs. Section 311.7.11, Exception is amended to read as follows: Exception: Alternating tread devices are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom. Section R311.7.12, Exception is amended to read as follows: Exception: Ships ladders are allowed to be used as an element of a means of egress for lofts, mezzanines and similar areas of 200 gross sq/ft (18.6 m2) or less where an emergency escape and rescue opening is provided for the area served and such devices do not provide exclusive access to a kitchen or bathroom. Section R313.1, Exception is amended to read as follows: Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a townhouse unit that is 3600 sq/ft or greater, including attached garages. Existing townhouses that are 3600 sq/ft or more may add up to 100 sq/ft of floor area without triggering the sprinkler retrofit requirement. This exemption may only be taken once and does not include a detached garage. Section R313.1.1 is amended to read as follows: R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency Services sprinkler installation standards. Section R313.2, Exception is amended to read as follows: Exception: An automatic sprinkler system is required when a Level 3 alteration, as classified by the Vail Existing Building Code, occurs to a one- or two-family dwelling that is 3,600 sq/ft or greater, including attached garages. 17 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Existing one- or two-family dwellings of 3600 sq/ft or more may add up to 100 sq/ft of floor area without triggering the sprinkler retrofit requirement. This exemption may only be taken once. This does not include a detached garage. For purposes of this Section, a two-family dwelling shall be considered two separate structures. Section R313.2.1 is amended to read as follows: R313.2.1 Design and installation. Automatic residential fire sprinkler systems for one- and two-family dwellings shall be designed and installed in accordance with NFPA 13D, NFPA 13R or NFPA 13 standards and Vail Fire and Emergency Services sprinkler installation standards. Section R315.2 is amended to read as follows: R315.2 Where required. Carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.2.1 is amended to read as follows: R315.2.1 New construction. For new construction, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.3 is amended by the addition of the following text: In addition to the above locations, carbon monoxide alarms shall be provided in accordance with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.7 is amended to read as follows: R315.7 Carbon monoxide detection systems. Carbon monoxide detection systems shall be permitted to be used in lieu of carbon monoxide alarms and shall comply with NFPA 72, NFPA 720, C.R.S. § 38-45-101 and Vail Fire and Emergency Services alarm installation standards. Section R315.7.2 is amended to read as follows: R315.7.2 Location. Carbon monoxide detectors shall be installed in accordance with Section R315.3. Section R327.1 is amended to read as follows: R327.1 General. The design and construction of swimming pools and spas shall comply with Section 3109 of the Vail Building Code. Section R329.2 is amended to read as follows: R329.2 Installation. The installation of stationary engine generators shall be in an approved location and in accordance with the listing, the manufacturer's installation instructions and NFPA 70. 18 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section R507.2.1 is amended by the addition of the following exception: Exception: An approved flashing detail in accordance with Section R507.2.4 that prevents moisture and water accumulation on member surfaces and joints may be utilized in-lieu of preservative-treated materials. Section R902.1 is amended to read as follows: R902.1 Roofing materials. All roof assemblies and roof coverings shall be Class A. Wood shakes and shingles are prohibited unless exempted for replacement or repair as defined in Section 1505.1.1. Where the roof profile allows space between the roof covering and the roof decking at the eave ends, the spaces shall be constructed to prevent intrusion of flames and embers or have one layer of 72-pound (32.4 kg) mineral-surfaced non- perforated cap sheet complying with ASTM D3909 installed over the combustible decking. Section R902.1.1 is added as follows: R902.1.1 Replacement or repair. Each structure with a nonconforming roof covering or roof assembly shall be allowed one replacement or repair of 25% or less of the roof area. Replacement or repair in excess of 25% or a second replacement or repair of the roof covering or roof assembly shall trigger replacement of the nonconforming covering or assembly in its entirety. Emergency repairs of less than 10 sq/ft are not subject to the 25% rule. For purposes of this Section, a two-family dwelling shall be considered two separate structures. Section R902.2 is deleted. Section R903.5 is added as follows: R903.5 Snow retention devices. New roof assemblies shall be designed to prevent accumulations of snow from shedding onto areas directly above or in front of utility meters or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as approved by the building official. Exception: Roof areas with a horizontal projection of less than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to the intersecting wall surface. Section R905.1.2 is amended to read as follows: R905.1.2 Ice barriers. Ice barriers shall be installed for all shingle types, metal roof panels and mineral-surfaced roll roofing. The ice barrier shall consist of not less than two layers of underlayment cemented together, or a self-adhering polymer modified bitumen sheet shall be used in place of normal underlayment. The ice barrier shall completely cover all roof surfaces. 19 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Exception: Detached accessory structures that do not contain conditioned floor area. Sections R905.7 and R905.8 are deleted. Section R1001.1 is amended to read as follows: R1001.1 General. Masonry fireplaces shall be constructed in accordance with this Section, the applicable provisions of Chapters 3 and 4 of this code, and Title 5, Chapter 3 of the Vail Town Code. Chapters 11-43 are deleted from the Vail Residential Code and replaced with the corresponding Vail Codes and the National Electrical Code. 10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Fire Code. Section 202 is amended by the addition of the following definitions: FALSE ALARM. See Title 4 of Vail Town Code. PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid fuel burning fireplace constructed of steel, concrete, clay or other non- combustible material and equipped with a screen or other approved spark arrestor, of open design or equipped with a small hearth opening and a short chimney or chimney opening in the top. Section 307.1.1 is amended to read as follows: 307.1.1 Prohibited open burning. The following burning activities are prohibited: 1. Open burning. 2. Bonfires. 3. Recreational fires. 4. The burning of any materials when a National Weather Service Red Flag Warning is activated. 5. The burning of any materials when Stage 2 or 3 fire restrictions are in place. 6. The use of portable outdoor fireplaces when Stage 2 or 3 fire restrictions are in place. Exceptions: 1. Burning conducted for training purposes by Vail Fire and Emergency Services. 20 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 2. If the burning is a smokeless flare or safety flare used to indicate danger to the public. 3. Open burning conducted pursuant to a permit issued by the Fire Code Official upon written application, if the Fire Code Official determines that such burning will be performed without hazard to the public health, safety or welfare. 4. Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the Fire Code Official. 5. The use of propane or natural gas appliances equipped with automatic shut-off controls. Section 307.3 is amended to read as follows: 307.3 Extinguishment authority. Where any open burning, permitted or otherwise (including the use of a portable outdoor fireplace), creates or adds to a hazardous situation or creates a nuisance or health risk due to smoke or other products of combustion, the fire shall be ordered to be extinguished by Vail Fire and Emergency Services or the Vail Police Department. Sections 307.4.1 and 3.07.4.2 are deleted. Section 307.4.3 is amended to read as follows: 307.4.3 Portable outdoor fireplaces. Use of a portable outdoor fireplace shall be permitted, subject to the following restrictions: 1. Portable outdoor fireplaces shall be equipped with a properly fitting spark screen or arrestor. 2. Portable outdoor fireplaces shall be used in accordance with manufacturer's instructions. 3. Portable outdoor fireplaces shall maintain a minimum clearance of 15 feet from any structure or other combustible materials. 4. Smoke created from a portable outdoor fireplace shall be maintained in such a manner as to avoid causing a nuisance or hazardous condition. 5. Use of a portable outdoor fireplace shall be in accordance with Section 307.5, as amended. 6. Use of a portable outdoor fireplace on short-term rental property is strictly prohibited. 7. Use of a portable outdoor fireplace is prohibited when Stage 2 or 3 fire restrictions are in place. Section 308.1.4, Exception 3 is amended to read as follows: 3. LP-gas cooking devices having LP-gas container with a water capacity not greater than 20 pounds [nominal 17-pound (0.454 kg) LP gas capacity]. 21 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section 308.3.1 is amended to add: 11. Candles may only be used in constantly attended locations. Section 308.1.6.3 is amended to read as follows: 308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited. Section 503.6 is amended to read as follows: 503.6 Security gates. The installation of security gates across a fire apparatus access road or driveway shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. Section 605.9 is amended to read as follows: 605.9 Gas meters. Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner. Snow & ice build-up around gas and other utility meters shall be kept clear and maintained at all times. Section 903.2.10, item 2 is amended by deleting the exception. Section 903.3.1.3 is amended to read as follows: 903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems in one- and two-family dwellings and townhouses shall be installed in accordance with NFPA 13D and Vail Fire and Emergency Services installation standards. Section 903.4 is amended by deleting all exceptions. Section 907.2 is amended to read as follows: 907.2 Where required. An approved fire alarm system installed in accordance with this code, NFPA 72 and Vail Fire and Emergency Services installation standards is required in new buildings, structures, one- and two- family dwellings and townhomes in accordance with Sections 907.2.1- 907.2.23, with occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code. Not fewer than one manual fire alarm box is required in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or waterflow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. 22 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Exceptions: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is not required for Group R-2 occupancies unless required by the Fire Code Official to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. Where provided, the manual fire alarm box shall not be located in an area that is open to the public. 3. The manual fire alarm box is not required for fire alarm systems dedicated to one- and two-family dwellings and townhouses. Section 907.2.11.2 is amended to read as follows: 907.2.11.2 Groups R-2, R-3, R-4, I-2, and all residential properties for rent or lease. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, I-2, and all residential properties that are available for rent or lease, regardless of occupant load, in all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Section 907.4.1 is amended by the addition of the following Exception: 2. In residential installations where the control panel is located in a closet or room with no mechanical equipment. Section 907.6.6 is amended by deleting all exceptions. Section 915.1.1 is amended to read as follows: 915.1.1 Where required. Carbon monoxide detection shall be provided in Group I-1, I-2, I-4, R, one- and two-family dwellings and townhomes, and in classrooms in E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2-915.1.6 exist. Section 1103.8 is amended to read as follows: 1103.8 Single- and multiple-station smoke alarms. Single- and multiple- station smoke alarms shall be installed in existing I-1, R, one- and two- family dwellings and townhomes in accordance with Sections 1103.8.1- 1103.8.3. Section 1103.8.1 is amended by deleting Exception 2. 23 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Appendix B, Section B101.1 is amended by the addition of the following: The maximum flow reduction for sprinklered buildings shall not exceed 50%. 10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code, 2021 Edition: Section C101.1 is amended to read as follows: C101.1 Title. These regulations shall be known as the Vail Commercial Energy Conservation Code. Section C202 is amended by the addition of the following definitions: EV-CAPABLE PARKING SPACE. A parking space for an electric vehicle (EV) with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and a dedicated, labeled space in the electrical panel. EV-INSTALLED PARKING SPACE. A parking space for an electric vehicle (EV) that has the EV supply equipment (EVSE) fully installed from the electrical panel to the parking space, including charging equipment. Section C405.13 is added as follows: C405.13 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table C405.13. Exception: A request for a reduction in the number of required EV- installed parking spaces can be made if DC fast charging stations are installed to fulfill the requirements of this subsection. An EV parking study must be submitted to support the request and based on the findings of the analysis or study, the building official is authorized to approve a reduction in the number of required EV-installed parking spaces. Table C405.13 is added as follows: TABLE C405.13 EV PARKING SPACESa Property Type Space Requirements All commercial properties (incl. multi-family developments) 5% EV-installed parking spaces + 50% EV-capable parking spaces a. These provisions are for new construction only. Section R101.1 is amended to read as follows: R101.1 Title. These regulations shall be known as the Vail Residential Energy Conservation Code. Section R202 is amended by the addition of the following definitions: 24 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX EV-CAPABLE PARKING SPACE. An EV parking space with the electrical panel capacity and conduit installed to support future implementation of EV charging with a 208/240-volt (or greater), 40-ampere (or greater) circuit, and a dedicated, labeled space in the electrical panel. SOLAR-READY ZONE. A section of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar thermal system. Table R402.1.3 is amended by deleting footnote i. Section R403.7 is amended to read as follows: R403.7 Equipment sizing and efficiency rating. Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other heating and cooling calculation methodologies. All new heating and cooling equipment shall have an efficiency rating of 92% AFUE or better. Exception: The replacement, alteration or repair of an existing system. Section R403.13 is added as follows: R403.13 Fire pits. Gas fueled fire pits and other outdoor fireplaces and appliances require automatic shut-off controls with a maximum 60-minute timer. Section R403.14 is added as follows: R403.14 Solar-ready zone. New one- and two-family dwellings and townhouses with not less than 600 sq/ft (55.74 m2) of roof area oriented between 110 degrees and 270 degrees of true north, shall comply with Sections R403.14.1-R403.7. Exceptions: 1. A new residential building with a permanently installed on-site renewable energy system. 2. A building where all areas of the roof that would otherwise meet the requirements of Section R403.14 are in full or partial shade for more than 70% of daylight hours annually. R403.14.1 Construction document requirements for solar-ready zone. Construction documents shall indicate the solar-ready zone. R403.14.2 Solar-ready zone. The solar-ready zone shall be not less than 300 sq/ft (27.87 m2) exclusive of mandatory access or setback areas as required by the Vail Fire Code. New townhouses of 3 stories or less in height above grade plane and with a total floor area less than or equal to 2,000 sq/ft (185.8 m2) per dwelling shall have a solar-ready zone area of not less than 150 sq/ft (13.94 m2). The solar-ready zone shall be composed of areas not less than 5 feet (1524 mm) in width and not less than 80 sq/ft 25 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX (7.44 m2) exclusive of access or set-back areas as required by the Vail Fire Code. R403.14.3 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and other roof- mounted equipment. R403.14.4 Capped roof penetration sleeve. A capped roof penetration sleeve shall be provided adjacent to all solar-ready zones located on roofs. The capped roof penetration sleeve shall be sized to accommodate the future photovoltaic system conduit and shall have an inside diameter of not less than 1½ inches (38 mm). R403.14.5 Roof load documentation. The structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents. R403.14.6 Interconnection pathway. Construction documents shall indicate pathways for routing of conduit or plumbing from the solar-ready zone to the electrical service panel or service hot water system. R403.14.7 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow installation of a dual pole circuit breaker for future solar electric installation and shall be labeled "For Future Solar Electric." The reserved space shall be positioned at the opposite (load) end from the input feeder location or main circuit location. R403.14.8 Certificate. A permanent certificate, indicating the solar-ready zone and other requirements of this section, shall be posted near the electrical distribution panel, water heater or other conspicuous location by the builder or registered design professional. Section R404.4 is added as follows: R404.4 EV charging. EV charging capabilities and required parking spaces shall be determined according to Table R404.4. Table R404.4 is added as follows: TABLE R404.4 EV PARKING SPACESa Property Type Space Requirements One- and two-family dwellings, townhouses 1 EV-capable space per dwelling unit a. These provisions are for new construction only. Section R404.5 is added as follows: R404.5 Electric readiness. Systems using gas or propane to serve individual dwelling units shall comply with R404.5.1 and R404.5.2. R404.5.1 Receptacle required. A dedicated electrical receptacle connected to the electric panel with an appropriately sized branch circuit 26 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX shall be provided within 36 inches (914 mm) of each gas or propane water heater, clothes dryer, and conventional cooking appliance. R404.5.2 Receptacle identification. The branch circuits within the electric panel serving the future electric appliances shall be appropriately labeled for their intended use. 10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The International Plumbing Code, 2021 Edition, is amended by all amendments adopted by the State of Colorado and referred to as the "Colorado Plumbing Code", in addition to the following: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Plumbing Code. Section 103.1 is amended to read as follows: 103.1 Creation of Agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Section 305.4.1 is amended to read as follows: 305.4.1 Sewer depth. Per Eagle River Water and Sanitation District (ERWSD) standards, building sewers shall be installed not less than 54 inches (1372 mm) below grade. Section 903.1 is amended to read as follows: 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 16 inches (406 mm) above the roof. Section 903.2 is amended to read as follows: 903.2 Frost closure. Vent extensions through a roof or wall shall be not less than 3 inches (76 mm) in diameter. Any increase in size of the vent shall be made not less than 1 foot (305 mm) inside the thermal envelope of the building. 10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The International Fuel Gas Code, 2021 Edition is amended by all amendments adopted by the State and referred to as the "Colorado Fuel Gas Code," and the following : Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Fuel Gas Code. Section 103.1 is amended to read as follows: 27 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Table 503.8 is amended as follows: A Clearance above finished grade level, veranda, porch, deck, or balcony 36 inches (all other values within the table are unchanged.) 10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the International Mechanical Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Mechanical Code. Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 115.4 is deleted. Section 401.4 is amended by the addition of the following text: 5. The bottom of intake openings shall be located not less than 36 inches (914 mm) above finished grade. Section 701.3 is added as follows: 701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches (914 mm) above finished grade. Section 804.3.4, Item 6 is amended to read as follows: 6. The bottom of the vent termination shall be located not less than 36 inches (914 mm) above finished grade. 10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE: The following amendments are hereby made to the International Existing Building Code, 2021 Edition: Section 101.1 is amended to read as follows: 101.1 Title. These regulations shall be known as the Vail Existing Building Code. 28 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section 103.1 is amended to read as follows: 103.1 Creation of agency. The Town's Building Department is hereby created and the official in charge shall be known as the building official. The function of this agency shall be the implementation, administration, and enforcement of this code. Section 101.4.2 is amended to read as follows: 101.4.2: Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Vail Fire Code, or as deemed necessary by the code official for safety. 10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70: The Town hereby adopts, by reference, all amendments to the National Electrical Code, NFPA 70, 2020 Edition, as adopted by the State of Colorado and referred to as the "Colorado Electrical Code". 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendment is hereby made to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition: Section 301 is amended to read as follows: Section 301 General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this section or as specified in the Vail Building Code. BUILDING CODE is the 2021 International Building Code, as adopted, amended and titled the Vail Building Code. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10-1-12: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of any code adopted in this Chapter. B. Violations of this Chapter shall be subject to the penalties provided in Section 1-4-1 of this Code. Each day the violation continues shall constitute a separate offense. In addition, the Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief for a violation of any provision of this Chapter. Section 2. The Codes adopted and amended by this Ordinance shall be effective for all complete building permit applications received by the Town's Community Development Department on or after July 5, 2022. 29 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 8, SERIES 22 - TITLE 10 BUILDING AND FIRE CODE UPDATE, 2ND READING.DOCX Section 3. 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 it 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 4. The amendment of any provision of the Vail Town Code in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of May, 2022 and a public hearing for second reading of this Ordinance set for the 17th day of May, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ________________________________ Kim Langmaid, Mayor ATTEST: _______________________________ Tammy Nagel, Town Clerk READ, APPROVED AND ADOPTED ON SECOND READING AND ORDERED PUBLISHED this 17th day of May, 2022. ________________________________ Kim Langmaid, Mayor ATTEST: _______________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of May 2022. Witness my hand and seal this 4th day of May 2022. Stephanie Bibbens Deputy Town Clerk 1 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ORDINANCE NO. 9 SERIES 2022 AN ORDINANCE CORRECTING VARIOUS SECTIONS OF TITLE 12 OF THE VAIL TOWN CODE TO REFLECT CHANGES IN STATE LAW WHEREAS, the Town seeks to maintain an accurate municipal code, substantive changes were made to various Title 12 zoning regulations; and WHERAS, the Town wishes to have accurate guidelines regarding geologically sensitive areas and development. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows: 12-2-2: DEFINITIONS OF WORDS AND TERMS: For purposes of this Title, the following terms shall have the following meanings: When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section. * * * FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to Colorado Revised Statutes 12-61-401 et seq., C.R.S. § 12-10-501, et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the Department of Community Development a copy of the application or request for exemption filed with the State of Colorado Real Estate Commission and/or evidence of approval of the application or request for exemption. * * * Section 2. Section 12-21-2 of the Vail Town Code is hereby amended as follows: 12-21-2: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings words contained in this section are defined as follows: 2 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX * * * START OF CONSTRUCTION (for other than new construction or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. No. 97-348 16 U.S.C. § 3501, et seq.)): Includes Ssubstantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means: either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings; the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. * * * Section 3. Section 12-21-13.B.1 of the Vail Town Code is hereby amended as follows: 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: * * * B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purposes of this Section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this Section shall be prepared by a "professional geologist", as defined by Colorado Revised Statutes section 34-1-01 C.R.S. § 23-41-208, as amended, or a "registered professional engineer", as defined by Colorado Revised Statutes section 12-25-102 C.R.S. § 12-120-202, as amended, 3 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX under the direction of and at the expense of the owner/applicant and submitted to the Department of Community Development. * * * Section 4. 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 Council hereby declares it 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 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2022 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor 4 4/18/2022 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\22\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of May 2022. Witness my hand and seal this 18th day of May 2022. Stephanie Bibbens Deputy Town Clerk 1 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ORDINANCE NO. 9 SERIES 2022 AN ORDINANCE CORRECTING VARIOUS SECTIONS OF TITLE 12 OF THE VAIL TOWN CODE TO REFLECT CHANGES IN STATE LAW WHEREAS, the Town seeks to maintain an accurate municipal code, substantive changes were made to various Title 12 zoning regulations; and WHERAS, the Town wishes to have accurate guidelines regarding geologically sensitive areas and development. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows: 12-2-2: DEFINITIONS OF WORDS AND TERMS: For purposes of this Title, the following terms shall have the following meanings: When used in this title, the words and phrases contained in this title shall have the specific meanings as defined in this section. * * * FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to Colorado Revised Statutes 12-61-401 et seq., C.R.S. § 12-10-501, et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the Department of Community Development a copy of the application or request for exemption filed with the State of Colorado Real Estate Commission and/or evidence of approval of the application or request for exemption. * * * Section 2. Section 12-21-2 of the Vail Town Code is hereby amended as follows: 12-21-2: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings words contained in this section are defined as follows: 2 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX * * * START OF CONSTRUCTION (for other than new construction or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. No. 97-348 16 U.S.C. § 3501, et seq.)): Includes Ssubstantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means: either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings; the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. * * * Section 3. Section 12-21-13.B.1 of the Vail Town Code is hereby amended as follows: 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: * * * B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purposes of this Section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this Section shall be prepared by a "professional geologist", as defined by Colorado Revised Statutes section 34-1-01 C.R.S. § 23-41-208, as amended, or a "registered professional engineer", as defined by Colorado Revised Statutes section 12-25-102 C.R.S. § 12-120-202, as amended, 3 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX under the direction of and at the expense of the owner/applicant and submitted to the Department of Community Development. * * * Section 4. 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 Council hereby declares it 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 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2022 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor 4 5/18/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of May 2022. Witness my hand and seal this 4th day of May 2022. Stephanie Bibbens Deputy Town Clerk 4/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HARASSMENT UPDATE-O041222.DOCX ORDINANCE NO. 10 SERIES 2022 AN ORDINANCE AMENDING SECTION 6-3D-4.A.4. OF THE VAIL TOWN CODE, REGARDING HARASSMENT WHEREAS, the Colorado Supreme Court's recent decision in People v. Moreno, 22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18- 9-111(1)(e), was an impermissible restriction on free speech; and WHEREAS, Vail Town Code § 6-3D-4.A.4. contains substantially similar language to C.R.S. § 18-9-111(1)(e). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3D-4.A.4. of the Vail Town Code is hereby amended to read as follows: 6-3D-4: DISTURBING THE PEACE: A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: * * * 4. Initiating communication with a person in any medium, anonymously or otherwise, in a manner intended to threaten bodily injury or property damage, or make any any comment, request, suggestion, or proposal that is obscene; or * * * Section 2. 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 Council hereby declares it 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 3. The Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in 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 of the provision 2 4/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HARASSMENT UPDATE-O041222.DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2022 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of May 2022. Witness my hand and seal this 18th day of May 2022. Stephanie Bibbens Deputy Town Clerk 4/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HARASSMENT UPDATE-O041222.DOCX ORDINANCE NO. 10 SERIES 2022 AN ORDINANCE AMENDING SECTION 6-3D-4.A.4. OF THE VAIL TOWN CODE, REGARDING HARASSMENT WHEREAS, the Colorado Supreme Court's recent decision in People v. Moreno, 22 CO 15 (2022) held that certain language in the state harassment statute, C.R.S. § 18- 9-111(1)(e), was an impermissible restriction on free speech; and WHEREAS, Vail Town Code § 6-3D-4.A.4. contains substantially similar language to C.R.S. § 18-9-111(1)(e). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6-3D-4.A.4. of the Vail Town Code is hereby amended to read as follows: 6-3D-4: DISTURBING THE PEACE: A.Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person by: * * * 4.Initiating communication with a person in any medium, anonymously or otherwise, in a manner intended to threaten bodily injury or property damage, or make any any comment, request, suggestion, or proposal that is obscene; or * * * Section 2. 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 Council hereby declares it 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 3. The Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in 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 of the provision 2 4/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\HARASSMENT UPDATE-O041222.DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of May, 2022 and a public hearing for second reading of this Ordinance set for the 17th day of May, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of May, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of May 2022. Witness my hand and seal this 18th day of May 2022. Stephanie Bibbens Deputy Town Clerk 1 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX ORDINANCE NO. 11 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4-14 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTALS, AND ESTABLISHING A LICENSING PROGRAM AND ANNUAL FEE FOR SHORT-TERM RENTALS WHEREAS, guests staying in short-term rentals ("STRs") in the Town spend money in the local economy, primarily in the retail, food and beverage and recreation industries, and in turn create local jobs; WHEREAS, these jobs generate demand for housing, but many of the jobs created are at wage levels that do not pay enough for employees to afford market rate housing in the Town; WHEREAS, without an adequate supply of housing and housing support programs, the Town risks losing some of its labor supply that is essential to the businesses in which STR guests spend money during their stay; WHEREAS, to pay for the required housing supply and support programs, and to cover the costs of administering the Town's STR licensing program, annual fees for STRs are necessary; WHEREAS, the Town contracted with Economic and Planning Systems, Inc. to conduct a study to determine the appropriate fees for STRs, and the Town Council is relying on that study to set the annual fees for STRs; WHEREAS, without regulation by the Town, nuisances created by STRs, such as noise, parking issues and over-occupancy, would negatively impact neighborhoods in the Town; and WHEREAS, the Town wishes to ensure the safety of guests staying in STRs by ensuring that they meet minimal life-safety requirement. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 14 SHORT-TERM RENTALS 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish a comprehensive licensing program to safeguard the public health, safety, and welfare by 2 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX regulating and controlling the use, occupancy, location, and maintenance of short-term rentals in the Town. B. This Chapter shall apply to short-term rentals only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to short-term rentals. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: Any agreement, whether verbal or written, by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. PRINCIPAL PLACE OF RESIDENCE: The home or place in which one's habitation is fixed and to which one has a present intention of returning after a departure or absence therefrom. In determining what is a principal place of residence, the Town shall consider the criteria set forth in C.R.S. § 31- 10-201(3), as amended. PROPERTY MANAGEMENT FIRM: An entity comprised of one or more professional property managers with all required licenses in good standing, or a group of one or more employees of a lodge or fractional fee club (as those terms are defined in Section 12-2-2 of this Code) who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club, which entity or group is designated by the STR owner to act as the STR owner's agent regarding the STR. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a property management firm. SHORT-TERM RENTAL (STR): A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days, but excluding bed and breakfasts and accommodation units. 4-14-3: LICENSE REQUIRED: A. General. A current, valid license is required for each STR in the Town. Each STR license is non-transferable. B. Application. For new licenses and renewals, the STR owner or property management firm shall file an application with the Finance Director or designee, on forms supplied by the Town, accompanied by the following: 1. The applicable license fee established by Section 4-14-4; 3 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX 2. An administrative fee of $150, which administrative fee shall be used by the Town to offset the costs of processing the application; 3. An affidavit, signed by the owner or the property management firm, under penalty of perjury, certifying that the STR is in habitable condition and complies with the health and safety standards set forth in this Chapter; and 4. If the STR is located within a duplex, a copy of a written notice sent by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit, by first-class mail at least seven (7) days prior to submission of the application. B. Local Representative. Each application shall include the appointment of a natural person who shall remain within a sixty (60) minute distance of the STR and is available twenty four (24) hours per day, seven (7) days per week, to serve as the local representative for the STR. At least five (5) days prior to any change in such appointment, the STR owner or property management firm shall notify the Town of such change, including new contact information. For an STR located in a building with onsite management services available at all times, if the STR owner uses such services, no local representative appointment shall be required. C. Expiration; Renewal. Each STR license shall expire on February 28 of each calendar year, or when title of the STR transfers to a new owner, whichever occurs first; each change in ownership of a STR shall require a new license. D. Timing. An initial license application shall be filed at least thirty (30) days prior to any advertising of an STR. A renewal application shall be filed by January 31 of the year in which the license expires. E. Revocation. In addition to any other penalties allowed by this Chapter, the Town may revoke any STR license if the Town finds and determines that any violation of this Chapter exists at the STR; provided that the Town provides the licensee with at least fourteen (14) days' prior written notice and an opportunity to be heard prior to revocation. The notice shall include a description of the violation and the date and time when the STR owner may appear and be heard, and the notice shall be either personally served on the STR owner or mailed by first-class United States Mail to the last-known address of the STR owner or property management firm. 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property 4 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX liability insurance; commercial liability insurance; or an endorsement to a homeowner’s policy for coverage of STR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 4-14-5: HEALTH AND SAFETY STANDARDS; INSPECTIONS: A. Standards: Each STR shall comply with all of the following standards, at a minimum, at all times while the STR is occupied: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected and shall be kept in sound condition and in good repair. 3. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficient privacy. 4. There shall be a sufficient number of trash receptacles to accommodate all trash generated by the occupants, and all receptacles shall comply with Title 5, Chapter 9 of this Code. 5. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 6. The use of portable outdoor fireplaces is prohibited. 7. Electrical panels shall be clearly labeled. 8. All pets shall be subject to Title 6, Chapter 4 of this Code. 9. All items listed in subsection B.2. hereof shall comply with the current Vail Fire Code. 10. Parking for each STR shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 11. A sign shall be conspicuously inside each STR with the STR license number, the local representative's current contact information, and the physical address of the STR, including unit number if applicable. 5 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX B. Inspections: 1. When required: a. Each STR, other than those located in buildings with on-site management services available at all times, shall obtain a fire and life safety inspection as a condition of license issuance and every three (3) years thereafter. Requests for inspections shall be made to Vail Fire and Emergency Services at least sixty (60) days prior to the date of the initial license application and at least sixty (60) days prior to the end of each subsequent three (3) year period. b. Notwithstanding the foregoing, each STR that was validly registered with the Town on the date of the ordinance codified in this Section, and is not located in a building with on-site management services available at all times, is eligible for an STR license without an initial inspection, provided that the STR is inspected prior to January 1, 2026 and every three (3) years thereafter. Requests for initial inspections shall be made to Vail Fire and Emergency Services on or before July 1, 2025, and requests for later inspections shall be made at least sixty (60) days prior to the end of each subsequent three (3) year period. 2. Items Inspected: The following will be inspected by Vail Fire and Emergency Services for compliance with the current Vail Fire Code: a. Fire extinguishers; b. Adequacy of egress; c. Posted egress plan; d. Carbon monoxide detectors; e. Smoke alarms; f. Occupant load; g. Improvised electrical conditions and use of extension cords; h. Use of portable heating appliances and outdoor heating appliances; and i. Conspicuous posting of the physical address of the STR. 3. Re-inspection: If an inspection reveals that an STR is not in compliance with this Chapter, a re-inspection shall be required. Re- 6 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX inspections must be scheduled in advance and may take up to sixty (60) days to complete. 4-14-6: ADVERTISING: Advertising for an STR shall include the STR license number immediately following the description of the STR. 4-14-7: TAXES: A. All applicable Town Sales and Lodging Taxes for STRs shall be timely collected and remitted. B. A property management firm may submit one tax payment for multiple STRs, so long as there is sufficient supporting information to identify each individual STR and the taxes collected on such STR. 4-14-8: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local representative. The local representative shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. and 7:00 a.m., including visiting the site if necessary. 4-14-9: VIOLATION AND PENALTY: A. Violation: It is unlawful to violate any provision of this Chapter. Each day of violation shall be deemed a separate offense. B. Liability: Each STR owner shall be liable for any and all violations occurring at the STR. A property management firm shall be jointly and severally liable for any and all violations occurring at any of its professionally managed STRs in the Town. C. Civil Enforcement: 1. If the Town chooses civil enforcement, a citation may be served by posting on the front door of the STR, or by personal service on the STR owner or professional management firm, or by mailing first class U.S. Mail to the last known address of the STR owner or property management firm. 2. Civil violations shall be subject to the following fines and penalties, per STR: First violation in any twelve (12) month period: $1,500 7 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX Second violation in any twelve (12) month period: $2,650 3. All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the STR owner disputes the violation, the STR shall file a written protest with the Town within fourteen (14) days of the date of the citation. 4. If the STR protests the citation, the Town shall cancel the citation and proceed to criminal enforcement. 5. If the penalty is not timely paid and no protest is timely filed, the Town may summarily suspend the STR license until the penalty is fully paid. Written notice of such suspension shall be provided to the last-known address of the STR owner, or to the local representative or property management firm. D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. E. Suspension: Regardless of the type of enforcement, the third violation in any twelve (12) month period for a single STR, regardless of ownership of the STR, shall result in a three (3) year suspension, commending on the date of the last violation, during which no license shall be granted for such STR. F. Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief, including without limitation an injunction requiring eviction of any occupants of the STR and an injunction to prohibit the occupancy of any property in violation of this Chapter. Section 4. 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 Council hereby declares it 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 8 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX Section 6. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. 9 5/18/2022 C:\USERS\AJAKUBIEC\APPDATA\LOCAL \MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK \JKO2MABA\STR- O051222 ORDINANCE 11.2022 1ST READING EDITED (002).DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of May, 2022 and a public hearing for second reading of this Ordinance set for the 7th day of June, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of May, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of June 2022. Witness my hand and seal this 22nd day of June 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 11 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 4-14 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTALS, AND ESTABLISHING A LICENSING PROGRAM FOR SHORT-TERM RENTALS WHEREAS, without regulation by the Town, nuisances created by short-term rentals, such as noise, parking issues and over-occupancy, would negatively impact neighborhoods in the Town; and WHEREAS, the Town wishes to ensure the safety of guests staying in short-term rentals by ensuring that they meet minimal life-safety requirements. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 14 SHORT-TERM RENTALS 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish a comprehensive licensing program to safeguard the public health, safety, and welfare by regulating and controlling the use, occupancy, location, and maintenance of short-term rentals in the Town. B. This Chapter shall apply to short-term rentals only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to short-term rentals. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: Any agreement, whether verbal or written, by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. PRINCIPAL PLACE OF RESIDENCE: The home or place in which one's habitation is fixed and to which one has a present intention of returning after a departure or absence therefrom. In determining what is a principal place of residence, the Town shall consider the criteria set forth in C.R.S. § 31- 10-201(3), as amended. PROPERTY MANAGEMENT FIRM: An entity comprised of one or more professional property managers with all required licenses in good standing, or a group of one or more employees of a lodge or fractional fee club (as those terms are defined in Section 12-2-2 of this Code) who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club, which entity or group is designated by the STR owner to act as the STR owner's agent regarding the STR. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a property management firm. SHORT-TERM RENTAL (STR): A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days, but excluding bed and breakfasts and accommodation units. 4-14-3: LICENSE REQUIRED: A. General. A current, valid license is required for each STR in the Town. Each STR license is non-transferable. B. Application. For new licenses and renewals, the STR owner or property management firm shall file an application with the Finance Director or designee, on forms supplied by the Town, accompanied by the following: 1. An administrative fee of $260, unless the STR is located in a building with on-site management services available at all times, and then the administrative fee shall be $50; 2. An affidavit, signed by the owner or the property management firm, under penalty of perjury, certifying that the STR is in habitable condition and complies with the health and safety standards set forth in this Chapter; and 3. If the STR is located within a duplex, a copy of a written notice sent by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit, by first-class mail at least seven (7) days prior to submission of the application. B. Local Representative. Each application shall include the appointment of a natural person who shall remain within a sixty (60) minute distance of the STR and is available twenty four (24) hours per day, seven (7) days per week, to serve as the local representative for the STR. At least five (5) days prior to any change in such appointment, the STR owner or property management firm shall notify the Town of such change, including new contact information. For an STR located in a building with onsite management services available at all times, if the STR owner uses such services, no local representative appointment shall be required. C. Expiration; Renewal. Each STR license shall expire on February 28 of each calendar year, or when title of the STR transfers to a new owner, whichever occurs first; each change in ownership of a STR shall require a new license. D. Timing. An initial license application shall be filed at least thirty (30) days prior to any advertising of an STR. A renewal application shall be filed by January 31 of the year in which the license expires. E. Revocation. In addition to any other penalties allowed by this Chapter, the Town may revoke any STR license if the Town finds and determines that any violation of this Chapter exists at the STR; provided that the Town provides the licensee with at least fourteen (14) days' prior written notice and an opportunity to be heard prior to revocation. The notice shall include a description of the violation and the date and time when the STR owner may appear and be heard, and the notice shall be either personally served on the STR owner or mailed by first-class United States Mail to the last-known address of the STR owner or property management firm. 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property liability insurance; commercial liability insurance; or an endorsement to a homeowner’s policy for coverage of STR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 4-14-5: HEALTH AND SAFETY STANDARDS; INSPECTIONS: A. Standards: Each STR shall comply with all of the following standards, at a minimum, at all times while the STR is occupied: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected and shall be kept in sound condition and in good repair. 3. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficient privacy. 4. There shall be a sufficient number of trash receptacles to accommodate all trash generated by the occupants, and all receptacles shall comply with Title 5, Chapter 9 of this Code. 5. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 6. The use of portable outdoor fireplaces is prohibited. 7. Electrical panels shall be clearly labeled. 8. All pets shall be subject to Title 6, Chapter 4 of this Code. 9. All items listed in subsection B.2. hereof shall comply with the current Vail Fire Code. 10. Parking for each STR shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 11. A sign, in a form approved by Town, shall be conspicuously posted inside each STR with the STR license number, the local representative's current contact information, and the physical address of the STR, including unit number if applicable. 12. A second sign, in a form approved by the Town, shall be posted in a location so as to be visible from the exterior of the STR by passersby, stating that the property contains an STR and providing the local representative's current contact information and the Town's hotline for complaints. The second sign shall not be required if the STR is located in a building with on-site management services available at all times. B. Inspections: 1. When required: a. Each STR, other than those located in buildings with on-site management services available at all times, shall obtain a fire and life safety inspection as a condition of license issuance and every three (3) years thereafter. Requests for inspections shall be made to Vail Fire and Emergency Services at least sixty (60) days prior to the date of the initial license application and at least sixty (60) days prior to the end of each subsequent three (3) year period. b. Notwithstanding the foregoing, each STR that was validly registered with the Town on the date of the ordinance codified in this Section, and is not located in a building with on-site management services available at all times, is eligible for an STR license without an initial inspection, provided that the STR is inspected prior to January 1, 2026 and every three (3) years thereafter. Requests for initial inspections shall be made to Vail Fire and Emergency Services on or before July 1, 2025, and requests for later inspections shall be made at least sixty (60) days prior to the end of each subsequent three (3) year period. 2. Items Inspected: The following will be inspected by Vail Fire and Emergency Services for compliance with the current Vail Fire Code: a. Fire extinguishers; b. Adequacy of egress; c. Posted egress plan; d. Carbon monoxide detectors; e. Smoke alarms; f. Occupant load; g. Improvised electrical conditions and use of extension cords; h. Use of portable heating appliances and outdoor heating appliances; and i. Conspicuous posting of the physical address of the STR. 3. Re-inspection: If an inspection reveals that an STR is not in compliance with this Chapter, a re-inspection shall be required. Re- inspections must be scheduled in advance and may take up to sixty (60) days to complete. 4-14-6: ADVERTISING: Advertising for an STR shall include the STR license number immediately following the description of the STR. 4-14-7: TAXES: All applicable Town Sales and Lodging Taxes for STRs shall be timely collected and remitted. 4-14-8: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local representative. The local representative shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. and 7:00 a.m., including visiting the site if necessary. 4-14-9: VIOLATION AND PENALTY: A. Violation: It is unlawful to violate any provision of this Chapter. Each day of violation shall be deemed a separate offense. B. Liability: Each STR owner shall be liable for any and all violations occurring at the STR. A property management firm shall be jointly and severally liable for any and all violations occurring at any of its professionally managed STRs in the Town. C. Civil Enforcement: 1. If the Town chooses civil enforcement, a citation may be served by posting on the front door of the STR, or by personal service on the STR owner or professional management firm, or by mailing first-class U.S. Mail to the last known address of the STR owner or property management firm. 2. Civil violations shall be subject to the following fines and penalties, per STR: First violation in any twelve (12) month period: $1,500 Second violation in any twelve (12) month period: $2,650 3. All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the STR owner disputes the violation, the STR shall file a written protest with the Town within fourteen (14) days of the date of the citation. 4. If the STR protests the citation, the Town shall cancel the citation and proceed to criminal enforcement. 5. If the penalty is not timely paid and no protest is timely filed, the Town may summarily suspend the STR license until the penalty is fully paid. Written notice of such suspension shall be provided to the last-known address of the STR owner, or to the local representative or property management firm. D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. E. Suspension: Regardless of the type of enforcement, the third violation in any twelve (12) month period for a single STR, regardless of ownership of the STR, shall result in a three (3) year suspension, commending on the date of the last violation, during which no license shall be granted for such STR. F. Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief, including without limitation an injunction requiring eviction of any occupants of the STR and an injunction to prohibit the occupancy of any property in violation of this Chapter. G. Prior Violations: Any violations of the prior version of this Chapter shall count toward the number of violations for the particular property. Section 4. 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 Council hereby declares it 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 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. Section 8. Effective Date. This ordinance shall take effect as provided by the Vail Town Charter, but the code amendments set forth in this ordinance shall take effect on January 1, 2023, and all registered short-term rentals in the Town shall comply with the new Chapter 4-14 by February 28, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of May, 2022 and a public hearing for second reading of this Ordinance set for the 7th day of June, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of June, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk    PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of June 2022. Witness my hand and seal this 22nd day of June 2022. Stephanie Bibbens Deputy Town Clerk 1 7/1/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\IDLING-O060222.DOCX ORDINANCE NO. 12 SERIES 2022 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 AND TITLE 7, CHAPTER 10 OF THE VAIL TOWN CODE REGARDING VEHICLE IDLING WHEREAS, the Town currently regulates noise associated with idling vehicles and the permitted amount of idling time for commercial vehicles in Sections 5-1-7(G)(3) and 7-10-7(H) of the Vail Town Code, respectively; WHEREAS, the Town desires to more comprehensively regulate vehicle idling to ensure that any nuisance associated with idling is mitigated to the maximum extent practicable; and WHEREAS, the Town finds that such regulation is necessary to protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-1 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 5-1-1: DEFINITIONS: NUISANCE: Any act or condition which endangers the public health or environment or results in annoyance or discomfort to the public or damage to any property or injury to any person. IDLE: A combustible vehicle engine running at any location while the vehicle is stationary. PASSENGER TRANSPORTATION VEHICLE: A motor vehicle that is used to transport passengers for compensation, excluding vehicles operated by the Town. Section 2. Section 5-1-7(G)(3) of the Vail Town Code is hereby repealed in its entirety. Section 3. Section 5-1-8 of the Vail Town Code is hereby amended as follows: 5-1-8: MUFFLERS AND VEHICLE IDLING: A.Mufflers: The operation of a motor vehicle within the Town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the Town, 2 7/1/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\IDLING-O060222.DOCX of a cutout, bypass or similar muffler elimination appliance, shall be deemed a public nuisance. B.Idling: 1.Passenger vehicles: No unattended passenger vehicle shall idle for any period of time, except between the months of November through April, when a passenger vehicle may idle for up to three (3) minutes at a time. 2.Commercial vehicles: No unattended commercial vehicle shall idle for any period of time in the Lionshead Mixed Use 1, Lionshead Mixed Use 2, Commercial Core 1 or Commercial Core 2 zone districts. 3. Passenger transportation vehicles: Passenger transportation vehicles may not idle when unoccupied. When occupied, operators are encouraged to turn off the vehicles during dwell time. If it is not practicable to turn off the vehicle due to extreme cold, operators are encouraged to limit any vehicle idling time to three (3) minutes. 4.Construction vehicles: Construction vehicles operating at an active construction site may idle for up to three (3) minutes at a time. 5.Exemptions: This Section shall not apply to any commercial refrigeration vehicles, authorized emergency vehicles when actively in use for emergency purposes, Town-owned vehicles, waste collection trucks when actively collecting waste, or vehicles operating under a permit or license issued by the Town for a special event. Section 4. Section 7-10-7(H) of the Vail Town Code is hereby deleted in its entirety. Section 5. 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 Council hereby declares it 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 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in 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 of the provision 3 7/1/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\IDLING-O060222.DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of June, 2022 and a public hearing for second reading of this Ordinance set for the 5th day of July, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of July, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of July 2022. Witness my hand and seal this 6th day of July 2022. Stephanie Bibbens Deputy Town Clerk 1 7/1/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\IDLING-O060222.DOCX ORDINANCE NO. 12 SERIES 2022 AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 AND TITLE 7, CHAPTER 10 OF THE VAIL TOWN CODE REGARDING VEHICLE IDLING WHEREAS, the Town currently regulates noise associated with idling vehicles and the permitted amount of idling time for commercial vehicles in Sections 5-1-7(G)(3) and 7-10-7(H) of the Vail Town Code, respectively; WHEREAS, the Town desires to more comprehensively regulate vehicle idling to ensure that any nuisance associated with idling is mitigated to the maximum extent practicable; and WHEREAS, the Town finds that such regulation is necessary to protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-1 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 5-1-1: DEFINITIONS: NUISANCE: Any act or condition which endangers the public health or environment or results in annoyance or discomfort to the public or damage to any property or injury to any person. IDLE: A combustible vehicle engine running at any location while the vehicle is stationary. PASSENGER TRANSPORTATION VEHICLE: A motor vehicle that is used to transport passengers for compensation, excluding vehicles operated by the Town. Section 2. Section 5-1-7(G)(3) of the Vail Town Code is hereby repealed in its entirety. Section 3. Section 5-1-8 of the Vail Town Code is hereby amended as follows: 5-1-8: MUFFLERS AND VEHICLE IDLING: A.Mufflers: The operation of a motor vehicle within the Town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the Town, 2 7/1/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\IDLING-O060222.DOCX of a cutout, bypass or similar muffler elimination appliance, shall be deemed a public nuisance. B.Idling: 1.Passenger vehicles: No unattended passenger vehicle shall idle for any period of time, except between the months of November through April, when a passenger vehicle may idle for up to three (3) minutes at a time. 2.Commercial vehicles: No unattended commercial vehicle shall idle for any period of time in the Lionshead Mixed Use 1, Lionshead Mixed Use 2, Commercial Core 1 or Commercial Core 2 zone districts. 3. Passenger transportation vehicles: Passenger transportation vehicles may not idle when unoccupied. When occupied, operators are encouraged to turn off the vehicles during dwell time. If it is not practicable to turn off the vehicle due to extreme cold, operators are encouraged to limit any vehicle idling time to three (3) minutes. 4.Construction vehicles: Construction vehicles operating at an active construction site may idle for up to three (3) minutes at a time. 5.Exemptions: This Section shall not apply to any commercial refrigeration vehicles, authorized emergency vehicles when actively in use for emergency purposes, Town-owned vehicles, waste collection trucks when actively collecting waste, or vehicles operating under a permit or license issued by the Town for a special event. Section 4. Section 7-10-7(H) of the Vail Town Code is hereby deleted in its entirety. Section 5. 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 Council hereby declares it 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 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in 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 of the provision 3 7/1/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\IDLING-O060222.DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of June, 2022 and a public hearing for second reading of this Ordinance set for the 5th day of July, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of July, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of July 2022. Witness my hand and seal this 20th day of July 2022. Stephanie Bibbens Deputy Town Clerk 1 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX ORDINANCE NO.13 SERIES 2022 AN ORDINANCE AMENDING CHAPTER 3A OF TITLE 7 OF THE VAIL TOWN CODE, CONCERNING TOWING AND IMPOUNDMENT OF VEHICLES WHEREAS, the Town Council wishes to amend the Vail Town Code to incorporate the procedures set out in Title 42, C.R.S., concerning the towing and impoundment of abandoned motor vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3A-3 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-3: IMPOUNDMENT: Any vehicle presumed to be abandoned under C.R.S. § 42-4-1802, as amended, shall be subject to removal and storage by an operator designated by the Town. Removal of the vehicle shall comply with the procedure provided by C.R.S. § 42-4-1803, as amended. The operator may determine the charges for towing and storage of the vehicle to the extent that those charges comply with C.R.S. § 40-10.1-405, as amended. Section 2. Section 7-3A-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-4: NOTICE; HEARING: A. Notice: When a vehicle is impounded as authorized by law, and the officer, agent, or other employee responsible for the impoundment knows or is able to ascertain the name and address of the owner, the officer, agent, or employee shall immediately give notice or arrange for notice to be given in writing to the owner of the fact of the removal, the reason for it and the place to which the vehicle has been removed. B. Post-seizure Hearing: 1. A person with legal entitlement to possession of an impounded vehicle has the right to a post-seizure administrative hearing to determine whether there was probable cause to impound the vehicle. The request for a hearing shall be in writing, and sent within ten (10) days after the notice of impoundment. 2. A hearing shall be conducted before a hearing officer designated by the Town within forty eight (48) hours of receipt of a written 2 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX demand from the person seeking the hearing. The sole question before the hearing officer shall be whether there was probable cause to impound the vehicle. 3. "Probable cause to impound" means a state of facts that would lead a person of ordinary care and prudence to believe that there was sufficient breach of local, state or federal law to authorize the removal of the vehicle. 4. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person had the right to possession of the vehicle. The police department shall have the burden of establishing that there was probable cause to impound the vehicle in question. Failure to attend a scheduled hearing shall be deemed a waiver of the right to such hearing. 5. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and the registered owner of the vehicle (if not the person requesting the hearing). The decision of the hearing officer is final. 6. If the hearing officer determines that there was no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, copies of which shall be given to the possessor of the vehicle and the police department. Upon receipt of the certificate, the garage or impound lot having custody of the vehicle shall release the vehicle to its possessor. Towing and storage fees shall be paid by the Town in accordance with the arrangements made between the Town and the garage or impound lot. If the possessor fails to present such certificate to the garage or impound lot within twenty four (24) hours of receipt, excluding such days when the garage or impound lot is closed, the possessor shall assume liability for all subsequent storage charges. The certificate shall advise the possessor of such requirement. Section 3. Section 7-3A-5 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-5: UNKNOWN OWNER; NOTICE TO STATE If an officer, agent, or employee of the Town removes a vehicle from a public way and is not able to ascertain the name of the owner thereof, or for any other reason is unable to give the notice to the owner as provided in Section 7-3A-4, and the vehicle is not returned to the owner within a period of three (3) days, the Town Manager shall immediately send a notice to the Colorado Department of Motor Vehicles. The notice shall include a complete 3 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX description of the vehicle, the date, time and place of removal, the reason for removal, and the name of the place where the vehicle is stored, with a request that the owner of the vehicle be notified immediately. Section 4. 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 Council hereby declares it 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 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2nd day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 4 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 1 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX ORDINANCE NO.13 SERIES 2022 AN ORDINANCE AMENDING CHAPTER 3A OF TITLE 7 OF THE VAIL TOWN CODE, CONCERNING TOWING AND IMPOUNDMENT OF VEHICLES WHEREAS, the Town Council wishes to amend the Vail Town Code to incorporate the procedures set out in Title 42, C.R.S., concerning the towing and impoundment of abandoned motor vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3A-3 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-3: IMPOUNDMENT: Any vehicle presumed to be abandoned under C.R.S. § 42-4-1802, as amended, shall be subject to removal and storage by an operator designated by the Town. Removal of the vehicle shall comply with the procedure provided by C.R.S. § 42-4-1803, as amended. The operator may determine the charges for towing and storage of the vehicle to the extent that those charges comply with C.R.S. § 40-10.1-405, as amended. Section 2. Section 7-3A-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-4: NOTICE; HEARING: A. Notice: When a vehicle is impounded as authorized by law, and the officer, agent, or other employee responsible for the impoundment knows or is able to ascertain the name and address of the owner, the officer, agent, or employee shall immediately give notice or arrange for notice to be given in writing to the owner of the fact of the removal, the reason for it and the place to which the vehicle has been removed. B. Post-seizure Hearing: 1. A person with legal entitlement to possession of an impounded vehicle has the right to a post-seizure administrative hearing to determine whether there was probable cause to impound the vehicle. The request for a hearing shall be in writing, and sent within ten (10) days after the notice of impoundment. 2. A hearing shall be conducted before a hearing officer designated by the Town within forty eight (48) hours of receipt of a written 2 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX demand from the person seeking the hearing. The sole question before the hearing officer shall be whether there was probable cause to impound the vehicle. 3. "Probable cause to impound" means a state of facts that would lead a person of ordinary care and prudence to believe that there was sufficient breach of local, state or federal law to authorize the removal of the vehicle. 4. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person had the right to possession of the vehicle. The police department shall have the burden of establishing that there was probable cause to impound the vehicle in question. Failure to attend a scheduled hearing shall be deemed a waiver of the right to such hearing. 5. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and the registered owner of the vehicle (if not the person requesting the hearing). The decision of the hearing officer is final. 6. If the hearing officer determines that there was no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, copies of which shall be given to the possessor of the vehicle and the police department. Upon receipt of the certificate, the garage or impound lot having custody of the vehicle shall release the vehicle to its possessor. Towing and storage fees shall be paid by the Town in accordance with the arrangements made between the Town and the garage or impound lot. If the possessor fails to present such certificate to the garage or impound lot within twenty four (24) hours of receipt, excluding such days when the garage or impound lot is closed, the possessor shall assume liability for all subsequent storage charges. The certificate shall advise the possessor of such requirement. Section 3. Section 7-3A-5 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-5: UNKNOWN OWNER; NOTICE TO STATE If an officer, agent, or employee of the Town removes a vehicle from a public way and is not able to ascertain the name of the owner thereof, or for any other reason is unable to give the notice to the owner as provided in Section 7-3A-4, and the vehicle is not returned to the owner within a period of three (3) days, the Town Manager shall immediately send a notice to the Colorado Department of Motor Vehicles. The notice shall include a complete 3 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX description of the vehicle, the date, time and place of removal, the reason for removal, and the name of the place where the vehicle is stored, with a request that the owner of the vehicle be notified immediately. Section 4. 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 Council hereby declares it 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 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2nd day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 4 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of August, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of July 2022. Witness my hand and seal this 6th day of July 2022. Stephanie Bibbens Deputy Town Clerk Ordinance No. 14, Series of 2022 ORDINANCE NO. 14 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 562,056 Capital Projects Fund 1,983,522 Real Estate Transfer Tax Fund 498,246 Housing Fund 4,156,228 Marketing Fund 8,000 Heavy Equipment Fund 239,394 Dispatch Services Fund 113,998 Residences at Main Vail Fund (653,057) Timber Ridge Funds 50,000 Interfund Transfers (1,499,938) Total $ 5,458,449 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any Ordinance No. 14, Series of 2022 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 it 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. 3. 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. 4. 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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of July 2022, and a public hearing shall be held on this Ordinance on the 19th day of April, 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of July 2022. Witness my hand and seal this 20th day of July 2022. Stephanie Bibbens Deputy Town Clerk Ordinance No. 14, Series of 2022 ORDINANCE NO. 14 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 822,056 Capital Projects Fund 7,601,223 Real Estate Transfer Tax Fund 743,246 Housing Fund 4,156,228 Marketing Fund 8,000 Heavy Equipment Fund 239,394 Dispatch Services Fund 113,998 Residences at Main Vail Fund (653,057) Interfund Transfers (7,032,642) Total $ 5,998,446 2. 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 No. 14, Series of 2022 ordinance; and the Town Council hereby declares it 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. 3. 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. 4. 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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of July 2022, and a public hearing shall be held on this Ordinance on the 19th day of July, 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of July 2022. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX ORDINANCE NO. 15 SERIES 2022 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF NEW REGULATIONS FOR PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; WHEREAS, the Town desires to reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; WHEREAS, the Town wishes to provide a higher-quality experience for all businesses and customers located in the Village Core; and WHEREAS, the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-4(C) of the Vail Town Code is hereby amended as follows: 7-4-4: EPAMDS: * * * C.Prohibited Areas: EPAMDs are prohibited in or on the following: 1.Vail Nature Center; 2.Betty Ford Alpine Garden; 3.Village Streamwalk; 4.Children's playgrounds; 5.Turf areas or soft-surface trails; 6.Natural/unimproved areas; and 7.Streets and highways that are parts of the State highway system.; 8.Bridge Street; and 9.Gore Creek Drive. 2 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX Section 2. Ordinance No. 14, Series 1978, is hereby repealed in its entirety. Section 3. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 11, to read as follows: CHAPTER 11 VEHICULAR TRAFFIC IN PEDESTRIAN MALL AREAS 7-11-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic in pedestrian mall areas, improve the guest experience, and reduce environmental impacts caused by vehicular traffic in pedestrian mall areas. 7-11-2: PEDESTRIAN MALL AREAS: Pedestrian mall areas shall be those areas designated as a pedestrian mall on the Vail Village Pedestrian Mall Map and Lionshead Pedestrian Mall Map, both on file with the Town Clerk. 7-11-3: VEHICULAR TRAFFIC: A.Unless expressly permitted by this Chapter, all vehicular traffic is prohibited from accessing or using a pedestrian mall area. B.All vehicular traffic permitted by Section 7-11-4 shall comply with Chapter 12 of this Title and the requirements of following Vail Village Loading and Delivery Map and Lionshead Loading and Delivery Map, both on file with the Town Clerk. 7-11-4: EXCEPTIONS: In all pedestrian mall areas, the following vehicular traffic is permitted: A.Public transportation vehicles operated by the Town; B.Emergency vehicles; C.Vehicles authorized by the Town, as specified in a valid Town-issued permit; D. Town-approved contractors delivering commercial goods in accordance with Chapter 12 of this Title; E.Armored money vehicles; F.Waste and recycling collection vehicles; G.Vehicles entering or exiting a parking structure to access a business or residence when there is no other means of vehicular access; H.Property owners and their guests actively loading or unloading when there is no other means of vehicular access; I.Guests checking in or out of any accommodation establishment located within a pedestrian mall area; and 3 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX J.High-volume commercial carriers as defined in Section 7-12-2 of this Title. Section 4. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 12 to read as follows: CHAPTER 12 LOADING AND DELIVERY IN PEDESTRIAN MALL AREAS 7-12-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for a coordinated process for the delivery of goods in pedestrian mall areas. 7-12-2: DEFINITIONS: The definitions in Section 4-1-2 of this Code shall apply to this Chapter. In addition, for purposes of this Chapter, the following terms shall have the following meanings: COMMERCIAL GOODS: Goods that are sold for the generation of income or any other commercial purpose, including food and beverage and retail and wholesale goods. HIGH-VOLUME COMMERCIAL CARRIER: A commercial carrier that, on more than five (5) days per week, delivers a high volume and variety of commercial goods, excluding food and beverage, to multiple recipients in the Town. LOADING DOCK: The area of a building designated for the loading and unloading of commercial goods to and from delivery vehicles, in compliance with this Code and all other applicable regulations. PEDESTRIAN MALL AREA: Any area designated as a pedestrian mall area by Chapter 11 of Title 7 this Code. TOWN-APPROVED CONTRACTOR: A contractor selected by the Town to transport and deliver commercial goods in any pedestrian mall area. VILLAGE CORE: The area designated as the Village Core on the Village Core Map, on file with the Town Clerk 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1.A Town-approved contractor; 2.A high-volume commercial carrier; or 3.Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. 4 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX 7-12-4: SELECTION OF TOWN-APPROVED CONTRACTORS: The Town shall select one or more Town-approved contractors following advertisement and a request for proposals. In the selection process, the Town Council shall consider cost, responsibility, professionalism, prior experience and any other factors deemed relevant by the Town Council. The selection of a Town-approved contractor shall be memorialized in a written agreement in a form approved by the Town. 7-12-5: LOADING DOCK PERMIT REQUIRED: A. Any person or business delivering commercial goods to a loading dock serving a pedestrian mall area shall obtain a loading dock permit from the Town. B.An application for a loading dock permit shall be submitted to the Vail Police Department, on forms provided by the Vail Police Department. Permits shall only be issued upon receipt of payment of the applicable permit fee as established by this Chapter. Permit fees are calculated on an annual basis beginning in October of each year and shall be prorated on a monthly basis. C.The Vail Police Department shall issue a loading dock permit if the application meets all of the requirements of this Code and other applicable law. D.Issuance of a loading dock permit authorizes a Town-approved contractor to deliver the permittee's commercial goods from the applicable loading dock to the designated delivery location. 7-12-6: LOADING DOCK PERMIT FEE: A.The applicable permit fee shall be calculated based on peak season intensity, when deliveries are generally at their highest frequency for the particular business. Each application for a permit shall include the applicant's truthful and accurate estimate of peak season intensity. At any time, should the Town determine that the estimate contained in the application is inaccurate, the Town reserves the right to adjust the permit fee accordingly. B.The Town shall use the estimate to calculate the total number of points assessed to the applicant, as follows: Activity Intensity Points Assessed Total number of delivery days per week 1 day 1 2 – 3 days 2 More than 3 days 3 Total number of delivery locations within the pedestrian mall area per week 1 – 12 locations 1 More than 12 locations 2 Less than 30 minutes 1 5 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX Total time using loading docks per week 30 minutes or more 2 Type of delivery vehicle(s) Van 1 Truck with less than 3 axles 2 Truck with 3 or more axles 3 C.The total points assessed per person or entity shall be the basis for the calculation of the permit fee, as follows: Tier Points Assessed Monthly Permit Fee 1 Less than 6 $250 2 6-7 $1,000 3 8-9 $1,500 4 10 or more $2,250 7-12-7: VIOLATION; PENALTY: A.Violation: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense. B.Civil Enforcement: 1.If the Town chooses civil enforcement, a citation may be served by posting on the front door of the business in violation, or by personal service on the alleged violator, or by mailing first-class U.S. Mail to the last known address of the alleged violator. 2.Civil violations shall be subject to the following fines and penalties: First violation in any twelve (12) month period: $500 Second violation in any twelve (12) month period: $1,500 Third and subsequent violations in any twelve (12) month period: $2,500 3.All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the violator disputes the violation, a written protest shall be filed with the Town within fourteen (14) days of the date of the citation. 4.If the citation is protested, the Town shall cancel the citation and proceed to criminal enforcement. D.Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. 6 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX E.Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief. Section 5. 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 Council hereby declares it 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 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2022 and a public hearing for second reading of this Ordinance set for the 16th day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 7 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of August, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2022, second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of August 2022. Witness my hand and seal this 17th day of August 2022. Stephanie Bibbens Deputy Town Clerk 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX ORDINANCE NO. 15 SERIES 2022 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF NEW REGULATIONS FOR PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; WHEREAS, the Town desires to reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; WHEREAS, the Town wishes to provide a higher-quality experience for all businesses and customers located in the Village Core; and WHEREAS, the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-4(C) of the Vail Town Code is hereby amended as follows: 7-4-4: EPAMDS: * * * C.Prohibited Areas: EPAMDs are prohibited in or on the following: 1.Vail Nature Center; 2.Betty Ford Alpine Garden; 3.Village Streamwalk; 4.Children's playgrounds; 5.Turf areas or soft-surface trails; 6.Natural/unimproved areas; and 7.Streets and highways that are parts of the State highway system.; 8.Bridge Street; and 9.Gore Creek Drive. 2 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX Section 2. Ordinance No. 14, Series 1978, is hereby repealed in its entirety. Section 3. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 11, to read as follows: CHAPTER 11 VEHICULAR TRAFFIC IN PEDESTRIAN MALL AREAS 7-11-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic in pedestrian mall areas, improve the guest experience, and reduce environmental impacts caused by vehicular traffic in pedestrian mall areas. 7-11-2: PEDESTRIAN MALL AREAS: Pedestrian mall areas shall be those areas designated as a pedestrian mall on the Vail Village Pedestrian Mall Map and Lionshead Pedestrian Mall Map, both on file with the Town Clerk. 7-11-3: VEHICULAR TRAFFIC: A.Unless expressly permitted by this Chapter, all vehicular traffic is prohibited from accessing or using a pedestrian mall area. B.All vehicular traffic permitted by Section 7-11-4 shall comply with Chapter 12 of this Title and the requirements of following Vail Village Loading and Delivery Map and Lionshead Loading and Delivery Map, both on file with the Town Clerk. 7-11-4: EXCEPTIONS: In all pedestrian mall areas, the following vehicular traffic is permitted: A.Public transportation vehicles operated by the Town; B.Emergency vehicles; C.Vehicles authorized by the Town, as specified in a valid Town-issued permit; D. Town-approved contractors delivering commercial goods in accordance with Chapter 12 of this Title; E.Armored money vehicles; F.Waste and recycling collection vehicles; G.Vehicles entering or exiting a parking structure to access a business or residence when there is no other means of vehicular access; H.Property owners and their guests actively loading or unloading when there is no other means of vehicular access; I.Guests checking in or out of any accommodation establishment located within a pedestrian mall area; and 3 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX J.High-volume commercial carriers as defined in Section 7-12-2 of this Title. Section 4. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 12 to read as follows: CHAPTER 12 LOADING AND DELIVERY IN PEDESTRIAN MALL AREAS 7-12-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for a coordinated process for the delivery of goods in pedestrian mall areas. 7-12-2: DEFINITIONS: The definitions in Section 4-1-2 of this Code shall apply to this Chapter. In addition, for purposes of this Chapter, the following terms shall have the following meanings: COMMERCIAL GOODS: Goods that are sold for the generation of income or any other commercial purpose, including food and beverage and retail and wholesale goods. HIGH-VOLUME COMMERCIAL CARRIER: A commercial carrier that, on more than five (5) days per week, delivers a high volume and variety of commercial goods, excluding food and beverage, to multiple recipients in the Town. LOADING DOCK: The area of a building designated for the loading and unloading of commercial goods to and from delivery vehicles, in compliance with this Code and all other applicable regulations. PEDESTRIAN MALL AREA: Any area designated as a pedestrian mall area by Chapter 11 of Title 7 this Code. TOWN-APPROVED CONTRACTOR: A contractor selected by the Town to transport and deliver commercial goods in any pedestrian mall area. VILLAGE CORE: The area designated as the Village Core on the Village Core Map, on file with the Town Clerk 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1.A Town-approved contractor; 2.A high-volume commercial carrier; or 3.Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. 4 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX 7-12-4: SELECTION OF TOWN-APPROVED CONTRACTORS: The Town shall select one or more Town-approved contractors following advertisement and a request for proposals. In the selection process, the Town Council shall consider cost, responsibility, professionalism, prior experience and any other factors deemed relevant by the Town Council. The selection of a Town-approved contractor shall be memorialized in a written agreement in a form approved by the Town. 7-12-5: LOADING DOCK PERMIT REQUIRED: A. Any person or business delivering commercial goods to a loading dock serving a pedestrian mall area shall obtain a loading dock permit from the Town. B.An application for a loading dock permit shall be submitted to the Vail Police Department, on forms provided by the Vail Police Department. Permits shall only be issued upon receipt of payment of the applicable permit fee as established by this Chapter. Permit fees are calculated on an annual basis beginning in October of each year and shall be prorated on a monthly basis. C.The Vail Police Department shall issue a loading dock permit if the application meets all of the requirements of this Code and other applicable law. D.Issuance of a loading dock permit authorizes a Town-approved contractor to deliver the permittee's commercial goods from the applicable loading dock to the designated delivery location. 7-12-6: LOADING DOCK PERMIT FEE: A.The applicable permit fee shall be calculated based on peak season intensity, when deliveries are generally at their highest frequency for the particular business. Each application for a permit shall include the applicant's truthful and accurate estimate of peak season intensity. At any time, should the Town determine that the estimate contained in the application is inaccurate, the Town reserves the right to adjust the permit fee accordingly. B.The Town shall use the estimate to calculate the total number of points assessed to the applicant, as follows: Activity Intensity Points Assessed Total number of delivery days per week 1 day 1 2 – 3 days 2 More than 3 days 3 Total number of delivery locations within the pedestrian mall area per week 1 – 12 locations 1 More than 12 locations 2 Less than 30 minutes 1 5 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX Total time using loading docks per week 30 minutes or more 2 Type of delivery vehicle(s) Van 1 Truck with less than 3 axles 2 Truck with 3 or more axles 3 C.The total points assessed per person or entity shall be the basis for the calculation of the permit fee, as follows: Tier Points Assessed Monthly Permit Fee 1 Less than 6 $250 2 6-7 $1,000 3 8-9 $1,500 4 10 or more $2,250 7-12-7: VIOLATION; PENALTY: A.Violation: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense. B.Civil Enforcement: 1.If the Town chooses civil enforcement, a citation may be served by posting on the front door of the business in violation, or by personal service on the alleged violator, or by mailing first-class U.S. Mail to the last known address of the alleged violator. 2.Civil violations shall be subject to the following fines and penalties: First violation in any twelve (12) month period: $500 Second violation in any twelve (12) month period: $1,500 Third and subsequent violations in any twelve (12) month period: $2,500 3.All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the violator disputes the violation, a written protest shall be filed with the Town within fourteen (14) days of the date of the citation. 4.If the citation is protested, the Town shall cancel the citation and proceed to criminal enforcement. D.Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. 6 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX E.Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief. Section 5. 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 Council hereby declares it 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 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2022 and a public hearing for second reading of this Ordinance set for the 16th day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 7 7/28/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O078622.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of August, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2022, first Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of August 2022. Witness my hand and seal this 3rd day of August 2022. Stephanie Bibbens Deputy Town Clerk 1 7/29/2022 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\W5PKIXNB\BOOTH HEIGHTS STAY-O072922-JMM.DOCX ORDINANCE NO. 16 SERIES 2022 AN EMERGENCY ORDINANCE SUSPENDING THE ISSUANCE OF PERMITS FOR THE BOOTH HEIGHTS PROPERTY WHEREAS, the real property more particularly described as Lot 1 East Vail Workforce Housing Subdivision, Vail, Colorado , located at 3700 North Frontage Road East (the "Booth Heights Property"), is currently vacant land, without any improvements; WHEREAS, the Booth Heights Property contains significant natural and wildlife resources, and provides critical habitat for a Colorado bighorn sheep herd; WHEREAS, the Town values open space and holds as part of its mission environmental stewardship and the care of wildlife and natural resources; WHEREAS, the Town is seeking to acquire the Booth Heights Property as open space, and thereafter to maintain the Booth Heights Property as open space pursuant to Section 13.11 of the Town's Home Rule Charter; WHEREAS, because the current owner of the Booth Heights Property , Vail Resorts, has declined the Town's offer s to purchase the Booth Heights Property for fair market value, the Town is now seeking to acquire the fee interest in the Booth Heights Property by condemnation; WHEREAS, on May 3, 2022, the Town Council approved Resolution 22, authorizing the exercise of the Town’s eminent domain power to acquire the Booth Heights Property in the form attached hereto as Exhibit A and made a part hereof by this reference, and subsequently provided notice of Resolution 22 to Vail Resorts; WHEREAS, Colorado law requires that Vail Resorts receive just compensation for the interest condemned by the Town, regardless of the suspension imposed by this ordinance; WHEREAS, the Town has engaged experts to consider the bighorn sheep herd habitat located on the Booth Heights Property, and such experts have recommended that the Booth Heights Property not be disturbed in any manner; WHEREAS, Vail Resorts has applied for a permit to conduct soils testing and other geologic activities on the Booth Heights Property, both of which would create large disturbances on the Booth Heights Property ; WHEREAS, to date, the Town's consideration of the application for a soils testing permit has been stayed, because of numerous appeals filed by adversely affected property owners, but those appeals will be concluded on August 2, 2022; and WHEREAS, to avoid irreparable damage to the bighorn sheep herd and other natural and wildlife resources on the Booth Heights Property , the Town Council finds it in 2 7/29/2022 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\W5PKIXNB\BOOTH HEIGHTS STAY-O072922-JMM.DOCX the best interest of the public health, safety and welfare to stay all permit activity related to the Booth Heights Property, effective immediately . NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Suspension. Based on the foregoing recitals, the Town hereby suspends the issuance of any permits for the Booth Heights Property, from the effective date of this ordinance through November 1, 2022. This suspension applies to grading permits, soils permits, building permits, right-of-way permits, sign permits, fence permits and any other permits, licenses or approvals that would allow disturbance of the Booth Heights Property. Section 2. Severability. 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 Council hereby declares it 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 3. Emergency. Pursuant to § 4.11 of the Vail Town Charter, the Town Council hereby finds and declares that this ordinance is necessary for the preservation of the public health, safety and welfare, because the suspension is necessary to prevent irreparable damage to the wildlife and natural resources on the Booth Heights Property. Section 4. Effective Date. This ordinance shall be effective immediately upon adoption. INTRODUCED, APPROVED, AND ORDERED PUBLISHED IN FULL this 2nd day of August, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of September 2022. Witness my hand and seal this 7th day of September 2022. Stephanie Bibbens Town Clerk Town of Vail Page 5 ORDINANCE NO. 17 SERIES 2022 AN ORDINANCE REPEALING TITLE 3, CHAPTER 6: ‘COMMISSION ON SPECIAL EVENTS’, VAIL TOWN CODE WHEREAS, in 2004 the Town Council established the Commission on Special Events (the “CSE”); and WHEREAS, the Town Council now wishes to abolish the CSE and repeal, in its entirety, the chapter of the Vail Town Code which provides the regulatory framework for the CSE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3, Chapter 6: Commission on Special Events, is hereby repealed in its entirety. Section 2. 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 Council hereby declares it 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 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. Town of Vail Page 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September, 2022 and a public hearing for second reading of this Ordinance set for the 20th day of September, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of September, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of September 2022. Witness my hand and seal this 21st day of September 2022. Stephanie Bibbens Town Clerk Town of Vail Page 5 ORDINANCE NO. 17 SERIES 2022 AN ORDINANCE REPEALING TITLE 3, CHAPTER 6: ‘COMMISSION ON SPECIAL EVENTS’, VAIL TOWN CODE WHEREAS, in 2004 the Town Council established the Commission on Special Events (the “CSE”); and WHEREAS, the Town Council now wishes to abolish the CSE and repeal, in its entirety, the chapter of the Vail Town Code which provides the regulatory framework for the CSE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3, Chapter 6: Commission on Special Events, is hereby repealed in its entirety. Section 2. 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 Council hereby declares it 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 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. Town of Vail Page 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September, 2022 and a public hearing for second reading of this Ordinance set for the 20th day of September, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of September, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of September 2022. Witness my hand and seal this 21st day of September 2022. Stephanie Bibbens Town Clerk Ordinance No. 18, Series of 2022 ORDINANCE NO. 18 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL REAL ESTATE TRANSFER TAX FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: Real Estate Transfer Tax Fund 12,000,000 Total $ 12,000,000 2. 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 it 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. 3. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of Ordinance No. 18, Series of 2022 the Town of Vail as provided in 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of September 2022, and a public hearing shall be held on this Ordinance on the 4th day of October 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 5th day of October 2022. Witness my hand and seal this 5th day of October 2022. Stephanie Bibbens Town Clerk Ordinance No. 18, Series of 2022 ORDINANCE NO. 18 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL REAL ESTATE TRANSFER TAX FUND AND CAPITAL PROJECTS FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: Capital Projects Fund $ 8,000,000 Real Estate Transfer Tax Fund 12,000,000 Total $ 20,000,000 2.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 it 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. 3. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of Ordinance No. 18, Series of 2022 the Town of Vail as provided in 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of September 2022, and a public hearing shall be held on this Ordinance on the 4th day of October 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4h day of October 2022. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of October 2022. Witness my hand and seal this 6th day of October 2022. Stephanie Bibbens Town Clerk 1 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX ORDINANCE NO. 19 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 11 OF THE VAIL TOWN CODE CONCERNING ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 11 Title 5 of the Vail Town Code is repealed in its entirety and re-enacted as follows: CHAPTER 11: REDUCTION OF WILDFIRE RISKS 5-11-1: PURPOSE: The purpose of this Chapter is to reduce the risk of wildfires in the Town by requiring the removal of wildfire fuels and diseased trees from properties in the Town and requiring the creation of non-combustible zones around structures in the Town. 5-11-2: APPLICABILITY: This Chapter shall apply to all property in the Town. 5-11-3: DEFINITIONS: For purpose of this Chapter, the following terms shall have the following meanings: CHIEF: The Town's Fire Chief or designee. DISEASED TREE: A tree, alive or dead, which is or has been infested or infected with any insect or disease identified in the most recent version of the "Field Guide To Diseases And Insects Of The Rocky Mountain Region". LADDER FUELS: Vegetation, live or dead, that allows a fire to climb up from the landscape or forest floor into the tree canopy, including without limitation tall grasses, shrubs, and tree branches. WILDFIRE FUELS: Vegetation such as trees, shrubs, forbs or grasses and other materials such as firewood, construction material or debris surrounding a structure, which represent a threat to life or property during a fire as determined by the Chief. 5-11-4: DISEASED TREES AND WILDFIRE FUELS: It is unlawful for an owner to maintain on any property in the Town diseased trees or wildfire fuels which represent an imminent threat. 2 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX 5-11-5: PERMIT FOR REMOVAL: A. An owner desiring to remove any diseased trees from any property in the Town shall file an application for a permit with the Community Development Department. There shall be no application fee for the permit. B. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. C. The Chief may perform a site visit prior to the Town taking any action on the permit application. D. To protect nesting birds, no tree removal shall be required between May 15 and August 1st unless the tree poses an imminent threat to public safety. 5-11-6: INSPECTION: A. The Chief may enter a property for the purpose of inspection for compliance with this Chapter, with permission from the owner, when at least one of the following events has occurred: 1. The owner has requested the inspection; 2. A neighboring landowner has reported a diseased tree or wildfire fuels and requested an inspection; or 3. The Chief has made a visual observation from a public right of way or adjacent property and has reason to believe that diseased trees or wildfire fuels exist on the property. B. If the owner does not grant permission to inspect the property, the Chief may seek an inspection warrant from the Municipal Court. 5-11-7: EMERGENCIES: In the case of an emergency involving imminent danger to the public health, safety or welfare, the Chief may enter upon any property to conduct an emergency inspection or abatement without permission from the owner or a warrant. 5-11-8: NOTICE OF VIOLATION: A. If the Chief determines that a property is in violation of this Chapter, the Chief shall provide a written notice to the owner. The notice shall be sent by first-class United States mail to the owner at the owner's last known address, or personally served. B. The notice shall: 1. Advise the owner of the violation of this Chapter; 2. Describe approved methods for abatement of the violation; and 3 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX 3. Require that the abatement be completed within the timeframe stated in the notice, which shall be no less than thirty (30) days of the date of the notice, or that an acceptable plan and schedule for abatement be submitted to the Chief within such time. C. If the owner fails to dispute the notice, and fails to timely abate the violation, the Town may seek an abatement order pursuant to this Chapter. D. If the owner disputes the notice, the owner shall notify the Chief within seven (7) days of the date of the notice. If a timely notice of dispute is given, the Chief shall meet with the owner in an effort to resolve the dispute. If the Chief meets with the owner and is unable to resolve the dispute, the Town may seek an abatement order pursuant to this Chapter. 5-11-9: ABATEMENT ORDER: A. An application for an abatement order shall be accompanied by an affidavit, signed by the Chief, stating that: 1. The Chief has determined that the property is in violation of this Chapter; 2. The Chief has complied with the notice requirements of this Chapter; and 3. Within the required time, the owner has failed to remedy the violation or has failed to submit an acceptable plan and schedule for such abatement; and 4. The Municipal Court will consider the application for an abatement order at the date and time set forth in the notice, which date shall be at least fourteen (14) days after the notice. B. The Town shall provide notice to the owner of the application, either by first class United States Mail to the owner's last known address, or by personal service. The notice shall include a copy of the Town's application and affidavit. C. At the stated time, date and place, the Municipal Court shall review the Town's application, as well as any statement or evidence presented by the owner. If the Municipal Court finds that the property is in violation of this Chapter, the Municipal Court may enter an order authorizing the Town to enter upon the property, remove the violation and recover its costs, 5-11-10: COSTS: If the Town abates a violation of this Chapter, the owner shall be assessed the Town's actual costs, plus a 10% administrative fee. 5-11-11: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. B. Any person convicted of violating any provision of this Chapter shall be punished as provided in Section 1-4-1 of this Code; provided that each 4 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX separate act in violation of this Chapter, and each and every day or portion thereof during which any act in violation of this Chapter is committed, continued, or permitted, shall be deemed a separate offense. This penalty shall cumulative, and any penalty under Section 1-4-1 shall be in addition to any assessment of costs under this Chapter or other available remedies. 5-11-10: DESIGN REVIEW EXEMPTION: A. The abatement, mitigation, or removal of wildfire fuels in accordance with this Chapter shall be exempt from the design review process in Title 12 off this Code. B. For any property owned in common or located within a development lot, no part of this Chapter shall be interpreted as to require the consent, action, or approval of more than one property owner for any abatement, mitigation, or removal of wildfire fuels located anywhere on such property. Section 2. 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 Council hereby declares it 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 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of October, 2022 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor 5 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th day of October 2022. Witness my hand and seal this 19th day of October 2022. Stephanie Bibbens Town Clerk 1 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX ORDINANCE NO. 19 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING TITLE 5, CHAPTER 11 OF THE VAIL TOWN CODE CONCERNING ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 11 Title 5 of the Vail Town Code is repealed in its entirety and re-enacted as follows: CHAPTER 11: REDUCTION OF WILDFIRE RISKS 5-11-1:PURPOSE: The purpose of this Chapter is to reduce the risk of wildfires in the Town by requiring the removal of wildfire fuels and diseased trees from properties in the Town and requiring the creation of non-combustible zones around structures in the Town. 5-11-2: APPLICABILITY: This Chapter shall apply to all property in the Town. 5-11-3:DEFINITIONS: For purpose of this Chapter, the following terms shall have the following meanings: CHIEF: The Town's Fire Chief or designee. DISEASED TREE: A tree, alive or dead, which is or has been infested or infected with any insect or disease identified in the most recent version of the "Field Guide To Diseases And Insects Of The Rocky Mountain Region". LADDER FUELS: Vegetation, live or dead, that allows a fire to climb up from the landscape or forest floor into the tree canopy, including without limitation tall grasses, shrubs, and tree branches. WILDFIRE FUELS: Vegetation such as trees, shrubs, forbs or grasses and other materials such as firewood, construction material or debris surrounding a structure, which represent a threat to life or property during a fire as determined by the Chief. 5-11-4:DISEASED TREES AND WILDFIRE FUELS: It is unlawful for an owner to maintain on any property in the Town diseased trees or wildfire fuels which represent an imminent threat. 2 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX 5-11-5:PERMIT FOR REMOVAL: A.An owner desiring to remove any diseased trees from any property in the Town shall file an application for a permit with the Community Development Department. There shall be no application fee for the permit. B.The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. C.The Chief may perform a site visit prior to the Town taking any action on the permit application. D.To protect nesting birds, no tree removal shall be required between May 15 and August 1st unless the tree poses an imminent threat to public safety. 5-11-6:INSPECTION: A.The Chief may enter a property for the purpose of inspection for compliance with this Chapter, with permission from the owner, when at least one of the following events has occurred: 1.The owner has requested the inspection; 2.A neighboring landowner has reported a diseased tree or wildfire fuels and requested an inspection; or 3.The Chief has made a visual observation from a public right of way or adjacent property and has reason to believe that diseased trees or wildfire fuels exist on the property. B.If the owner does not grant permission to inspect the property, the Chief may seek an inspection warrant from the Municipal Court. 5-11-7:EMERGENCIES: In the case of an emergency involving imminent danger to the public health, safety or welfare, the Chief may enter upon any property to conduct an emergency inspection or abatement without permission from the owner or a warrant. 5-11-8:NOTICE OF VIOLATION: A.If the Chief determines that a property is in violation of this Chapter, the Chief shall provide a written notice to the owner. The notice shall be sent by first-class United States mail to the owner at the owner's last known address, or personally served. B.The notice shall: 1.Advise the owner of the violation of this Chapter; 2. Describe approved methods for abatement of the violation; and 3 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX 3.Require that the abatement be completed within the timeframe stated in the notice, which shall be no less than thirty (30) days of the date of the notice, or that an acceptable plan and schedule for abatement be submitted to the Chief within such time. C.If the owner fails to dispute the notice, and fails to timely abate the violation, the Town may seek an abatement order pursuant to this Chapter. D.If the owner disputes the notice, the owner shall notify the Chief within seven (7) days of the date of the notice. If a timely notice of dispute is given, the Chief shall meet with the owner in an effort to resolve the dispute. If the Chief meets with the owner and is unable to resolve the dispute, the Town may seek an abatement order pursuant to this Chapter. 5-11-9: ABATEMENT ORDER: A.An application for an abatement order shall be accompanied by an affidavit, signed by the Chief, stating that: 1.The Chief has determined that the property is in violation of this Chapter; 2.The Chief has complied with the notice requirements of this Chapter; and 3.Within the required time, the owner has failed to remedy the violation or has failed to submit an acceptable plan and schedule for such abatement; and 4.The Municipal Court will consider the application for an abatement order at the date and time set forth in the notice, which date shall be at least fourteen (14) days after the notice. B.The Town shall provide notice to the owner of the application, either by first class United States Mail to the owner's last known address, or by personal service. The notice shall include a copy of the Town's application and affidavit. C.At the stated time, date and place, the Municipal Court shall review the Town's application, as well as any statement or evidence presented by the owner. If the Municipal Court finds that the property is in violation of this Chapter, the Municipal Court may enter an order authorizing the Town to enter upon the property, remove the violation and recover its costs, 5-11-10: COSTS: If the Town abates a violation of this Chapter, the owner shall be assessed the Town's actual costs, plus a 10% administrative fee. 5-11-11: VIOLATION AND PENALTY: A.It is unlawful to violate any provision of this Chapter. B.Any person convicted of violating any provision of this Chapter shall be punished as provided in Section 1-4-1 of this Code; provided that each 4 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX separate act in violation of this Chapter, and each and every day or portion thereof during which any act in violation of this Chapter is committed, continued, or permitted, shall be deemed a separate offense. This penalty shall cumulative, and any penalty under Section 1-4-1 shall be in addition to any assessment of costs under this Chapter or other available remedies. 5-11-10: DESIGN REVIEW EXEMPTION: A.The abatement, mitigation, or removal of wildfire fuels in accordance with this Chapter shall be exempt from the design review process in Title 12 off this Code. B.For any property owned in common or located within a development lot, no part of this Chapter shall be interpreted as to require the consent, action, or approval of more than one property owner for any abatement, mitigation, or removal of wildfire fuels located anywhere on such property. Section 2. 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 Council hereby declares it 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 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of October, 2022 and a public hearing for second reading of this Ordinance set for the 19th day of October, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor 5 10/6/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FIRE FUEL-O1910052022.DOCX ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of October, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of November 2022. Witness my hand and seal this 17th day of November 2022. Stephanie Bibbens Town Clerk 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX ORDINANCE NO. 20 SERIES 2022 AN ORDINANCE AMENDING SECTIONS 7-12-2, 7-12-6, AND 7-12-7 OF THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, on August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in the Town; WHEREAS, that ordinance, in part, established a detailed fee calculation for the assessment of loading dock fees; WHEREAS, to promote efficiency and consistency, the Town wishes to remove the detailed fee calculation from the Vail Town Code and instead place such information in the Town's fee schedule; and WHEREAS, the Town Council also wishes to modify the definitions and correct an erroneous reference to the Colorado Municipal Court Rules of Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-12-2 of the Vail Town Code is hereby amended to add the following definition, to appear in alphabetical order: FREIGHT TRUCK: A truck with a gross vehicle weight rating greater than 33,000 lbs. used for the commercial delivery of goods. Section 2. Section 7-12-3 of the Vail Town Code is hereby amended as follows: 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1. A Town-approved contractor; 2. A high-volume commercial carrier not using a freight truck for such transportation or delivery; or 3. Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. 2 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX Section 3. Section 7-12-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-12-6: LOADING DOCK PERMIT FEE: The permit fee shall be set forth in the fee schedule adopted by resolution of the Town Council. Section 4. Section 7-12-7(D) of the Vail Town Code is hereby amended as follows: 7-12-7: VIOLATION; PENALTY: * * * D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. Section 5. 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 Council hereby declares it 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 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ____ day of _____________, 2022 and a public hearing for second reading of this Ordinance set for the ____ day of __________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 3 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of December 2022. Witness my hand and seal this 7th day of December 2022. Stephanie Bibbens Town Clerk 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX ORDINANCE NO. 20 SERIES 2022 AN ORDINANCE AMENDING SECTIONS 7-12-2, 7-12-6, AND 7-12-7 OF THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, on August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in the Town; WHEREAS, that ordinance, in part, established a detailed fee calculation for the assessment of loading dock fees; WHEREAS, to promote efficiency and consistency, the Town wishes to remove the detailed fee calculation from the Vail Town Code and instead place such information in the Town's fee schedule; and WHEREAS, the Town Council also wishes to modify the definitions and correct an erroneous reference to the Colorado Municipal Court Rules of Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-12-2 of the Vail Town Code is hereby amended to add the following definition, to appear in alphabetical order: FREIGHT TRUCK: A truck with a gross vehicle weight rating greater than 33,000 lbs. used for the commercial delivery of goods. Section 2. Section 7-12-3 of the Vail Town Code is hereby amended as follows: 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1. A Town-approved contractor; 2. A high-volume commercial carrier not using a freight truck for such transportation or delivery; or 3. Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. 2 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX Section 3. Section 7-12-6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-12-6: LOADING DOCK PERMIT FEE: The permit fee shall be set forth in the fee schedule adopted by resolution of the Town Council. Section 4. Section 7-12-7(D) of the Vail Town Code is hereby amended as follows: 7-12-7: VIOLATION; PENALTY: * * * D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. Section 5. 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 Council hereby declares it 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 6. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of November, 2022 and a public hearing for second reading of this Ordinance set for the 6th day of December, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 3 11/8/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\LOADING DOCK AMENDMENT-O103122.DOCX _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of December, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of November 2022. Witness my hand and seal this 17th day of November 2022. Stephanie Bibbens Town Clerk Ordinance 22, Series of 2022 ORDINANCE NO. 22 SERIES OF 2022 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2022 TAX YEAR AND PAYABLE IN THE 2023 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2022 year and payable in the 2023 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2023 fiscal year, the Town Council hereby levies a property tax of 4.808 mills upon each dollar of the total assessed valuation of $1,188,240,870 for the 2022 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,7013,062 calculated as follows: Base mill levy 4.798 $5,701,180 Abatement levy .010 _ 11,882 Total mill levy 4.808 $5,713,062 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. 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 it 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. 3. 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. 4. 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, Ordinance 22, Series of 2022 any duty imposed, any violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2022. A public hearing shall be held hereon at 6 P.M. on the 6th day of December, 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of December 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of December 2022. Witness my hand and seal this 7th day of December 2022. Stephanie Bibbens Town Clerk Ordinance 22, Series of 2022 ORDINANCE NO. 21 SERIES OF 2022 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2022 TAX YEAR AND PAYABLE IN THE 2023 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2022 year and payable in the 2023 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2023 fiscal year, the Town Council hereby levies a property tax of 4.808 mills upon each dollar of the total assessed valuation of $1,188,240,870 for the 2022 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,7013,062 calculated as follows: Base mill levy 4.798 $5,701,180 Abatement levy .010 _ 11,882 Total mill levy 4.808 $5,713,062 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. 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 it 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. 3. 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. 4. 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, Ordinance 22, Series of 2022 any duty imposed, any violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2022. A public hearing shall be held hereon at 6 P.M. on the 6th day of December, 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of December 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of November 2022. Witness my hand and seal this 17th day of November 2022. Stephanie Bibbens Town Clerk Ordinance No. 22, Series of 2022 ORDINANCE NO. 22 SERIES OF 2022 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2023 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2023, and ending on the 31st day of December, 2023: FUND AMOUNT General Fund $54,471,505 Capital Projects Fund 25,914,602 Real Estate Transfer Tax Fund 8,131,461 Housing Fund 3,500,000 Vail Marketing Fund 3,126,210 Heavy Equipment Fund 4,802,514 Dispatch Services Fund 3,260,774 Health Insurance Fund 6,484,559 Residences at Main Vail Fund 1,577,693 Timber Ridge Enterprise Fund 978,616 Total 112,247,505 Less Interfund Transfers (16,600,309) Net Expenditure Budget 95,647,625 Ordinance No. 22, Series of 2022 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2023 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. 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 it 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. 5. 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. 6. 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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2022. A public hearing shall be held hereon on the 6th day of December, 2022, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: __________________________ Stephanie Bibbens, Town Clerk Ordinance No. 22, Series of 2022 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of December. _____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of December 2022. Witness my hand and seal this 7th day of December 2022. Stephanie Bibbens Town Clerk Ordinance No. 22, Series of 2022 ORDINANCE NO. 22 SERIES OF 2022 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2023 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2023, and ending on the 31st day of December, 2023: FUND AMOUNT General Fund $54,471,505 Capital Projects Fund 25,914,602 Real Estate Transfer Tax Fund 8,131,461 Housing Fund 3,500,000 Vail Marketing Fund 3,126,210 Heavy Equipment Fund 4,802,514 Dispatch Services Fund 3,260,774 Health Insurance Fund 6,484,559 Residences at Main Vail Fund 1,577,693 Timber Ridge Enterprise Fund 978,616 Total 112,247,505 Less Interfund Transfers (16,600,309) Net Expenditure Budget 95,647,625 Ordinance No. 22, Series of 2022 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2023 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. 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 it 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. 5. 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. 6. 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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2022. A public hearing shall be held hereon on the 6th day of December, 2022, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Kim Langmaid, Mayor ATTEST: __________________________ Stephanie Bibbens, Town Clerk Ordinance No. 22, Series of 2022 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of December. _____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of December 2022. Witness my hand and seal this 7th day of December 2022. Stephanie Bibbens Town Clerk 1 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX ORDINANCE NO. 23 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE, REGARDING CARRYOUT BAG REQUIREMENTS AND FEES WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests; WHEREAS, the Town is committed to environmental protection and stewardship; WHEREAS, reducing the use of disposable carryout bags has a positive impact on the local environment, including reducing pollution, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; WHEREAS, in March 2015, the Town Council adopted Ordinance No. 2, Series of 2015, which prohibited disposable plastic bags and required a charge for the use of disposable paper bags at grocers; WHEREAS, the Colorado Legislature has adopted the Plastic Pollution Reduction Act, which will impose a statewide carryout bag fee on January 1, 2023, and will prohibit distribution of single-use plastic carryout bags on January 1, 2024; and WHEREAS, the state legislation requires amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5, Chapter 13 of the Vail Town Code is hereby repealed in its entirety and reenacted follows: CHAPTER 13: CARRYOUT BAGS 5-13-1: PURPOSE: The purpose of this Chapter is to protect the public health, safety and welfare by encouraging the use of reusable carryout bags and discouraging the use of disposable carryout bags. 5-13-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: CARRYOUT BAG: A bag that is furnished to a customer at a store at the point of sale for use by the customer to transport or carry purchased items, 2 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX but excluding: a bag made of paper when the paper has a basis weight of 30 pounds or less; a bag that a pharmacy provides to a customer purchasing prescription medication; a laundry, dry cleaning or garment bag; or a bag that a customer uses inside a store to package loose or bulk items, such as fruits, vegetables, nuts, grains, candy, greeting cards, small hardware, live insects, fish crustaceans, mollusk or other small species, bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared foods, meat, seafood, fish, flowers, potted plants or other items that, if they were to come into contact with other items, could dampen or contaminate the other items. CONTAINER: A receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed, including hinged food containers, plates, bowls, and trays. FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption, but excluding a drug, as defined in C.R.S. § 25-5-402(9). GROCER: A retail business located in a permanent building containing at least 4,000 square feet of retail space, that operates year round as a full line, self-service market offering for sale staple foodstuffs, meats, produce or other perishable items for off-premises human consumption, but excluding businesses at which foodstuffs are an incidental part of the business. PLASTIC: A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal. POINT OF SALE: A check-out stand, cash register, or other point in a store or retail food establishment at which a sales transaction occurs, or for products that are ordered remotely from a store or retail food establishment and delivered, the location where the products are delivered. RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from one hundred (100) percent recycled material or other post-consumer content. RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. § 25-4-1602(14), except it does not include farmers’ markets and roadside markets as described in C.R.S. § 25-4-1602(14)(j). REUSABLE CARRYOUT BAG: A carryout bag that is designed and manufactured for at least one hundred twenty-five (125) uses, can carry at 3 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX least twenty-two (22) pounds over a distance of one hundred seventy-five (175) feet, has stitched handles, and is made of cloth, fiber, or other fabric or recycled material such as polyethylene terephthalate (PET); excluding bags made of biologically based polymers such as corn or other plant sources; except that a carryout bag made of hemp is a reusable carryout bag if it is designed and manufactured in accordance with the above terms. SINGLE-USE PLASTIC CARRYOUT BAG: A carryout bag that is a single- use plastic product made predominantly of plastic derived from natural gas, petroleum, or a biologically based source, such as corn or other plant sources, and that is provided to a customer at the point of sale. STORE: A grocer, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers, including a farmers’ market, roadside market or stand, festival, or other temporary vendor or event that includes temporary vendors. 5-13-3: CARRYOUT BAGS: (A) Commencing on the effective date of the ordinance codified in this Chapter, all stores shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. Commencing on January 1, 2024, all stores and retail food establishments shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. (B) Commencing on the effective date of the ordinance codified in this Chapter, no grocer shall provide a single-use plastic carryout bag to a customer at any point of sale. Commencing on January 1, 2024, no store or retail food establishment shall provide a single-use plastic carryout bag to a customer at any point of sale; provided that, until June 1, 2024, a store or retail food establishment may provide a single-use plastic carryout bag to a customer, for the fee established by Section 5-13-4, if the single-use plastic carryout bag was part of the inventory of the store or retail food establishment before January 1, 2024. (C) A retail food establishment is exempt from this Section if it prepares or serves food in individual portions for immediate on-premises or off- premises consumption and is not a grocer or convenience store. (D) This Chapter shall not prohibit a customer from using bags of any type that the customer brings into the store or retail food establishment, or from carrying away goods that are not placed in a bag. 5-13-4: CARRYOUT BAG FEE: 4 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX (A) The carryout bag fee shall be $0.25 per carryout bag. (B) Stores shall record the number of recycled paper carryout bags and single-use plastic carryout bags provided to each customer and the total amount of the carryout bag fee charged to the customer on the customer transaction receipt. (C) No store may reimburse a customer for any part of the carryout bag fee, but stores may provide incentives for the use of reusable carryout bags through credits or rebates. (D) Each store shall conspicuously display a sign in a location inside or outside the store, which sign alerts customers about the carryout bag fee. (E) The carryout bag fee shall not apply to any customer that provides proof that they are a participant in a federal or state food assistance program. (F) A store may retain $0.15 of each carryout bag fee charged to be used for: (1) Providing educational information to customers; (2) Training staff in the implementation and administration of the carryout bag fee; (3) Improving or alter ing infrastructure to allow for the administration, collection, implementation and reporting of the carryout bag fee; and (4) Providing recycled paper carryout bags and reusable carryout bags to customers. (G) The remaining $0.10 of each carryout bag fee shall be paid to the Town, and the Town shall deposit all revenues from carryout bag fees in a designated waste reduction fund, to be used for: (1) Producing and providing reusable carryout bags to Town residents and guests; (2) Providing education and outreach campaigns to raise awareness about waste reduction, recycling and compost; (3) Funding programs and infrastructure that allow the community to reduce waste and recycle; 5 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX (4) Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; (5) Funding community cleanup or collection events and other activities to reduce waste; (6) Maintaining a public website for the purpose of educating the Town’s residents and guests on waste reduction efforts; and (7) The administration of the carryout bag fee. (H) The carryout bag fee shall be paid pursuant to all applicable provisions of the Town’s sales tax code, including administration, collection and enforcement. The Town shall provide the necessary forms for stores to file individual returns with the Town to demonstrate compliance with this Chapter. Notwithstanding this method of collection, the carryout bag fee is not a tax. 5-13-5: RECORDS: (A) Each store shall maintain accurate and complete records of the carryout bag fees collected under this Chapter and the number of carryout bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. All such documents and records shall be maintained for a period of three (3) years from the end of the calendar year of such records. (B) If requested, each store shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with this Chapter. 5-13-6: VIOLATION AND PENALTY: (A) It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B) Violations of this Chapter shall be punishable as follows: (1) First violation in any calendar year: a fine of $50; (2) Second violation in the same calendar year: a fine of $100; and (3) Third or subsequent violation in the same calendar year: a fine of $300. 6 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX Section 2. 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 Council hereby declares it 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 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. Section 6. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2022 and a public hearing for second reading of this Ordinance set for the _____ day of ______________, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: 7 12/1/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TO VFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - O113022.DOCX ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of December 2022. Witness my hand and seal this 21st day of December 2022. Stephanie Bibbens Town Clerk 1 12/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX ORDINANCE NO. 23 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE, REGARDING CARRYOUT BAG REQUIREMENTS AND FEES WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests; WHEREAS, the Town is committed to environmental protection and stewardship; WHEREAS, reducing the use of disposable carryout bags has a positive impact on the local environment, including reducing pollution, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; WHEREAS, in March 2015, the Town Council adopted Ordinance No. 2, Series of 2015, which prohibited disposable plastic bags and required a charge for the use of disposable paper bags at grocers; WHEREAS, the Colorado Legislature has adopted the Plastic Pollution Reduction Act, which will impose a statewide carryout bag fee on January 1, 2023, and will prohibit distribution of single-use plastic carryout bags on January 1, 2024; and WHEREAS, the state legislation requires amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5, Chapter 13 of the Vail Town Code is hereby repealed in its entirety and reenacted follows: CHAPTER 13: CARRYOUT BAGS 5-13-1: PURPOSE: The purpose of this Chapter is to protect the public health, safety and welfare by encouraging the use of reusable carryout bags and discouraging the use of disposable carryout bags. 5-13-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: CARRYOUT BAG: A bag that is furnished to a customer at a store at the point of sale for use by the customer to transport or carry purchased items, 2 12/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX but excluding: a bag made of paper when the paper has a basis weight of 30 pounds or less; a bag that a pharmacy provides to a customer purchasing prescription medication; a laundry, dry cleaning or garment bag; or a bag that a customer uses inside a store to package loose or bulk items, such as fruits, vegetables, nuts, grains, candy, greeting cards, small hardware, live insects, fish crustaceans, mollusk or other small species, bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared foods, meat, seafood, fish, flowers, potted plants or other items that, if they were to come into contact with other items, could dampen or contaminate the other items. CONTAINER: A receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed, including hinged food containers, plates, bowls, and trays. FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption, but excluding a drug, as defined in C.R.S. § 25-5-402(9). GROCER: A retail business located in a permanent building containing at least 4,000 square feet of retail space, that operates year round as a full line, self-service market offering for sale staple foodstuffs, meats, produce or other perishable items for off-premises human consumption, but excluding businesses at which foodstuffs are an incidental part of the business. PLASTIC: A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal. POINT OF SALE: A check-out stand, cash register, or other point in a store or retail food establishment at which a sales transaction occurs, or for products that are ordered remotely from a store or retail food establishment and delivered, the location where the products are delivered. RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from one hundred (100) percent recycled material or other post-consumer content. RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. § 25-4-1602(14), except it does not include farmers’ markets and roadside markets as described in C.R.S. § 25-4-1602(14)(j). REUSABLE CARRYOUT BAG: A carryout bag that is designed and manufactured for at least one hundred twenty-five (125) uses, can carry at 3 12/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX least twenty-two (22) pounds over a distance of one hundred seventy-five (175) feet, has stitched handles, and is made of cloth, fiber, or other fabric or recycled material such as polyethylene terephthalate (PET); excluding bags made of biologically based polymers such as corn or other plant sources; except that a carryout bag made of hemp is a reusable carryout bag if it is designed and manufactured in accordance with the above terms. SINGLE-USE PLASTIC CARRYOUT BAG: A carryout bag that is a single- use plastic product made predominantly of plastic derived from natural gas, petroleum, or a biologically based source, such as corn or other plant sources, and that is provided to a customer at the point of sale. STORE: A grocer, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers, including a farmers’ market, roadside market or stand, festival, or other temporary vendor or event that includes temporary vendors. 5-13-3: CARRYOUT BAGS: (A) Commencing on the effective date of the ordinance codified in this Chapter, all stores shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. Commencing on January 1, 2024, all stores and retail food establishments shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. (B) Commencing on the effective date of the ordinance codified in this Chapter, no grocer shall provide a single-use plastic carryout bag to a customer at any point of sale. Commencing on January 1, 2024, no store or retail food establishment shall provide a single-use plastic carryout bag to a customer at any point of sale; provided that, until June 1, 2024, a store or retail food establishment may provide a single-use plastic carryout bag to a customer, for the fee established by Section 5-13-4, if the single-use plastic carryout bag was part of the inventory of the store or retail food establishment before January 1, 2024. (C) A retail food establishment is exempt from this Section if it prepares or serves food in individual portions for immediate on-premises or off- premises consumption and is not a grocer or convenience store. (D) This Chapter shall not prohibit a customer from using bags of any type that the customer brings into the store or retail food establishment, or from carrying away goods that are not placed in a bag. 5-13-4: CARRYOUT BAG FEE: 4 12/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX (A) The carryout bag fee shall be $0.25 per carryout bag. (B) Stores shall record the number of recycled paper carryout bags and single-use plastic carryout bags provided to each customer and the total amount of the carryout bag fee charged to the customer on the customer transaction receipt. (C) No store may reimburse a customer for any part of the carryout bag fee, but stores may provide incentives for the use of reusable carryout bags through credits or rebates. (D) Each store shall conspicuously display a sign in a location inside or outside the store, which sign alerts customers about the carryout bag fee. (E) The carryout bag fee shall not apply to any customer that provides proof that they are a participant in a federal or state food assistance program. (F) A store may retain $0.15 of each carryout bag fee charged to be used for: (1) Providing educational information to customers; (2) Training staff in the implementation and administration of the carryout bag fee; (3) Improving or altering infrastructure to allow for the administration, collection, implementation and reporting of the carryout bag fee; and (4) Providing recycled paper carryout bags and reusable carryout bags to customers. (G) The remaining $0.10 of each carryout bag fee shall be paid to the Town, and the Town shall deposit all revenues from carryout bag fees in a designated waste reduction fund, to be used for: (1) Producing and providing reusable carryout bags to Town residents and guests; (2) Providing education and outreach campaigns to raise awareness about waste reduction, recycling and compost; (3) Funding programs and infrastructure that allow the community to reduce waste and recycle; 5 12/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX (4) Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; (5) Funding community cleanup or collection events and other activities to reduce waste; (6) Maintaining a public website for the purpose of educating the Town’s residents and guests on waste reduction efforts; and (7) The administration of the carryout bag fee. (H) The carryout bag fee shall be paid pursuant to all applicable provisions of the Town’s sales tax code, including administration, collection and enforcement. The Town shall provide the necessary forms for stores to file individual returns with the Town to demonstrate compliance with this Chapter. Notwithstanding this method of collection, the carryout bag fee is not a tax. 5-13-5: RECORDS: (A) Each store shall maintain accurate and complete records of the carryout bag fees collected under this Chapter and the number of carryout bags provided to customers, and shall also maintain such books, accounts, invoices, or other documentation necessary to verify the accuracy and completeness of such records. All such documents and records shall be maintained for a period of three (3) years from the end of the calendar year of such records. (B) If requested, each store shall make the foregoing records available for inspection and audit by the Town during regular business hours so that the Town may verify compliance with this Chapter. 5-13-6: VIOLATION AND PENALTY: (A) It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B) Violations of this Chapter shall be punishable as follows: (1) First violation in any calendar year: a fine of $50; (2) Second violation in the same calendar year: a fine of $100; and (3) Third or subsequent violation in the same calendar year: a fine of $300. 6 12/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX Section 2. 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 Council hereby declares it 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 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. 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 repealed. Section 6. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December, 2022 and a public hearing for second reading of this Ordinance set for the 20th day of December, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of December, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ 7 12/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 2022/ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of December 2022. Witness my hand and seal this 7th day of December 2022. Stephanie Bibbens Town Clerk Ordinance No. 24, Series of 2022 ORDINANCE NO.24 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, RESIDENCES AT MAIN VAIL FUND, HEAVY EQUIPMENT FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $854,681 Capital Projects Fund 2,873,687 Real Estate Transfer Tax Fund 317,085 Housing Fund 46,000 Residences at Main Vail Fund 3,000 Heavy Equipment Fund 306,405 Total $ 4,400,858 2.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 it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or Ordinance No. 24, Series of 2022 more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3.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. 4.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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5.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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December 2022, and a public hearing shall be held on this Ordinance on the 20th day of December 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of December 2022. Witness my hand and seal this 21st day of December 2022. Stephanie Bibbens Town Clerk ORDINANCE N0.24 SERIES OF 2022 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, RESIDENCES AT MAIN VAIL FUND, HEAVY EQUIPMENT FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $949,681 Capital Projects Fund 2,699,685 Real Estate Transfer Tax Fund 339,085 Housing Fund 46,000 Residences at Main Vail Fund 3,000 Heavy Equipment Fund 306,405 lnterfund Transfers 2,686,631 Total $7,030,487 • I 2. 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 it would have passed this ordinance, and each Ordinance No. 24, Series of 2022 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. 3. 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. 4. 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 violation 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. 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 repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of December 2022, and a public hearing shall be held on this Ordinance on the 20th day of December 2022, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of December, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2022, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of December 2022. Witness my hand and seal this 21st day of December 2022. Stephanie Bibbens Town Clerk - 1 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX ORDINANCE NO. 25 SERIES OF 2022 AN ORDINANCE REZONING LOT 5 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO HOUSING (H); LOT 4 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO GENERAL USE (GU), AND THE REMAINDER OF TRACT A, MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM GENERAL USE (GU) TO NATURAL AREA PRESERVATION (NAP) WHEREAS, Town of Vail (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on June 10, 2022, the Applicant filed an application to rezone the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU), and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on December 12, 2022, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve Application; and WHEREAS, on December 20, 2022, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The rezoning is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a - 2 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU); and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP). Section 3. 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 Council hereby declares it 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 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of December, 2022 and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk - 3 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of January, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk - 4 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX EXHIBIT A Middle Creek Subdivision, A Resubdivision of Tract A PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2022, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 4th day of January 2023. Witness my hand and seal this 4th day of January 2023. Stephanie Bibbens Town Clerk - 1 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX ORDINANCE NO. 25 SERIES OF 2022 AN ORDINANCE REZONING LOT 5 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO HOUSING (H); LOT 4 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO GENERAL USE (GU), AND THE REMAINDER OF TRACT A, MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM GENERAL USE (GU) TO NATURAL AREA PRESERVATION (NAP) WHEREAS, Town of Vail (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on June 10, 2022, the Applicant filed an application to rezone the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU), and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on December 12, 2022, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve Application; and WHEREAS, on December 20, 2022, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The rezoning is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a - 2 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU); and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP). Section 3. 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 Council hereby declares it 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 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in 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 of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of December, 2022 and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk - 3 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of January, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk - 4 - 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- O121522.DOCX EXHIBIT A Middle Creek Subdivision, A Resubdivision of Tract A