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HomeMy WebLinkAbout2018 - Proof of PublicationPROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of February, 2018. Witness my hand and seal this 7th day of February, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 2 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY AMENDING SECTION 1-9-8 AND ADDING A NEW SECTION 1-9-10, CONCERNING THE SEALING AND EXPUNGEMENT OF CRIMINAL RECORDS WHEREAS, Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records; WHEREAS, Senate Bill 17-1208 clarified the process for sealing certain criminal records; WHEREAS, pursuant to C.R.S. § 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person; WHEREAS, Senate Bill 17-1204 amended and clarified various provisions of Articles 18, 19 and 24, C.R.S., concerning the expungement of juvenile records in certain circumstances; and WHEREAS, the Town Council wishes to provide a procedure to seal or expunge certain criminal records in accordance with such legislation. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-9-8 of the Vail Town Code is amended by the addition of a new Subsection F, to read as follows: 1-9-8: COURT COSTS: F. Record sealing fee: The Municipal Court shall assess costs of sixty-five dollars ($65.00) upon a defendant's request to seal his or her criminal justice record for violations other than convictions. Such costs shall be in addition to any fines or penalties. Section 2. Chapter 9 of Title 1 of the Vail Town Code is hereby amended by the addition of a new Section 1-9-10, to read as follows: 1-9-10: SEALING AND EXPUNGEMENT OF RECORDS: A. Definitions. For purposes of this Section, the following terms shall have the following meanings: Ordinance No. 2, Series of 2018 BASIC IDENTIFICATION INFORMATION: The name, place and date of birth, last -known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person. PERSON IN INTEREST: The person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, "person in interest" means and includes his or her parents or duly appointed legal representative. JUVENILE: A person under eighteen (18) years of age. B. Sealing of records other than convictions. 1. A person in interest may petition the Municipal Court for the sealing of all criminal records of a defendant, except basic identification information, in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon acquittal of the defendant on all counts in a case; c. Upon completion of all terms of a diversion agreement by the defendant; or d. Upon completion of a deferred judgment and sentence where all counts are dismissed. 2. Notwithstanding Subsection (B)(1) hereof, a person in interest may not obtain a sealing order if: a. The defendant owes restitution, fines, court costs, late fees, or other fees in the case that is the subject of the petition to seal criminal records, unless the Municipal Court vacated the order for restitution, fines, court costs, late fees, or other fees; b. An offense is not charged due to a plea agreement in a separate case; c. A dismissal occurs as part of a plea agreement in a separate case in which a judgment of conviction has been entered; or d. The only charges against defendant involved a class 1 or class 2 misdemeanor traffic offense or a class A or class B traffic infraction. Ordinance No. 2, Series of 2018 C. Minors in possession of alcohol or marijuana. 1. Automatic sealing. The Municipal Court shall immediately issue a sealing order in a case in which a defendant under the age of twenty-one (21) is charged with illegal possession or consumption of ethyl alcohol or marijuana in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon completion of a deferred judgment or diversion or any other action resulting in dismissal of the case against defendant; or c. Upon completion of any court-ordered substance abuse education and payment of any fine for a first time conviction. 2. Sealing upon petition. The defendant may petition the Municipal Court for an order sealing criminal records upon expiration of one (1) year from the date of a second or subsequent conviction for illegal possession or consumption of ethyl alcohol or marijuana. The Municipal Court shall grant the petition if the defendant has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one (1) year following the date of the defendant's conviction. D. Expungement of juvenile records. 1. The Municipal Court shall automatically expunge the record of a juvenile charged with a violation of the Town Code, within forty-two (42) days of the occurrence of the following: a. Upon a finding of not guilty at an adjudicatory trial; b. Upon the complete dismissal of a case; or c. Upon completion of a sentence. 2. Notwithstanding the requirements of Subsection (D)(1) hereof, the Municipal Court shall not expunge the record of a juvenile if the juvenile has any felony, misdemeanor, petty offense or delinquency actions pending. In such case, the Municipal Court shall stay the petition for expungement proceedings until resolution of any pending cases. 3. The Municipal Court may not expunge the records of a person charged, adjudicated or convicted of any offense or infraction pursuant to the Vehicle and Traffic Law, Title 42, C.R.S. Ordinance No. 2, Series of 2018 4. The Municipal Court shall notify the prosecuting attorney that all records in a case charging a juvenile with a municipal violation will be expunged forty-two (42) days after completion of the sentence. The prosecuting attorney may object within the forty-two (42) day period and, in such case, the Municipal Court will schedule a hearing on the expungement with notice sent to the juvenile's last known address. The juvenile is not required to appear at the hearing. The Municipal Court shall expunge the juvenile's records upon written findings that the juvenile successfully completed the sentence or that the case is closed. 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 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 2, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 21st day of February, 2018. Witness my hand and seal this 21st day of February, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 2 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY AMENDING SECTION 1-9-8 AND ADDING A NEW SECTION 1-9-10, CONCERNING THE SEALING AND EXPUNGEMENT OF CRIMINAL RECORDS WHEREAS, Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records; WHEREAS, Senate Bill 17-1208 clarified the process for sealing certain criminal records; WHEREAS, pursuant to C.R.S. § 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person; WHEREAS, Senate Bill 17-1204 amended and clarified various provisions of Articles 18, 19 and 24, C.R.S., concerning the expungement of juvenile records in certain circumstances; and WHEREAS, the Town Council wishes to provide a procedure to seal or expunge certain criminal records in accordance with such legislation. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-9-8 of the Vail Town Code is amended by the addition of a new Subsection F, to read as follows: 1-9-8: COURT COSTS: F. Record sealing fee: The Municipal Court shall assess costs of sixty-five dollars ($65.00) upon a defendant's request to seal his or her criminal justice record for violations other than convictions. Such costs shall be in addition to any fines or penalties. Section 2. Chapter 9 of Title 1 of the Vail Town Code is hereby amended by the addition of a new Section 1-9-10, to read as follows: 1-9-10: SEALING AND EXPUNGEMENT OF RECORDS: A. Definitions. For purposes of this Section, the following terms shall have the following meanings: Ordinance No. 2, Series of 2018 BASIC IDENTIFICATION INFORMATION: The name, place and date of birth, last -known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person. PERSON IN INTEREST: The person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, "person in interest" means and includes his or her parents or duly appointed legal representative. JUVENILE: A person under eighteen (18) years of age. B. Sealing of records other than convictions. 1. A person in interest may petition the Municipal Court for the sealing of all criminal records of a defendant, except basic identification information, in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon acquittal of the defendant on all counts in a case; c. Upon completion of all terms of a diversion agreement by the defendant; or d. Upon completion of a deferred judgment and sentence where all counts are dismissed. 2. Notwithstanding Subsection (B)(1) hereof, a person in interest may not obtain a sealing order if: a. The defendant owes restitution, fines, court costs, late fees, or other fees in the case that is the subject of the petition to seal criminal records, unless the Municipal Court vacated the order for restitution, fines, court costs, late fees, or other fees; b. An offense is not charged due to a plea agreement in a separate case; c. A dismissal occurs as part of a plea agreement in a separate case in which a judgment of conviction has been entered; or d. The only charges against defendant involved a class 1 or class 2 misdemeanor traffic offense or a class A or class B traffic infraction. Ordinance No. 2, Series of 2018 C. Minors in possession of alcohol or marijuana. 1. Automatic sealing. The Municipal Court shall immediately issue a sealing order in a case in which a defendant under the age of twenty-one (21) is charged with illegal possession or consumption of ethyl alcohol or marijuana in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon completion of a deferred judgment or diversion or any other action resulting in dismissal of the case against defendant; or c. Upon completion of any court-ordered substance abuse education and payment of any fine for a first time conviction. 2. Sealing upon petition. The defendant may petition the Municipal Court for an order sealing criminal records upon expiration of one (1) year from the date of a second or subsequent conviction for illegal possession or consumption of ethyl alcohol or marijuana. The Municipal Court shall grant the petition if the defendant has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one (1) year following the date of the defendant's conviction. D. Expungement of juvenile records. 1. The Municipal Court shall automatically expunge the record of a juvenile charged with a violation of the Town Code, within forty-two (42) days of the occurrence of the following: a. Upon a finding of not guilty at an adjudicatory trial; b. Upon the complete dismissal of a case; or c. Upon completion of a sentence. 2. Notwithstanding the requirements of Subsection (D)(1) hereof, the Municipal Court shall not expunge the record of a juvenile if the juvenile has any felony, misdemeanor, petty offense or delinquency actions pending. In such case, the Municipal Court shall stay the petition for expungement proceedings until resolution of any pending cases. 3. The Municipal Court may not expunge the records of a person charged, adjudicated or convicted of any offense or infraction pursuant to the Vehicle and Traffic Law, Title 42, C.R.S. Ordinance No. 2, Series of 2018 4. The Municipal Court shall notify the prosecuting attorney that all records in a case charging a juvenile with a municipal violation will be expunged forty-two (42) days after completion of the sentence. The prosecuting attorney may object within the forty-two (42) day period and, in such case, the Municipal Court will schedule a hearing on the expungement with notice sent to the juvenile's last known address. The juvenile is not required to appear at the hearing. The Municipal Court shall expunge the juvenile's records upon written findings that the juvenile successfully completed the sentence or that the case is closed. 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 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 2, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of February, 2018. Witness my hand and seal this 7th day of February, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 3 SERIES 2018 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE B OF THE VAIL TOWN CODE, BY THE ADDITION OF A NEW SECTION 4 REGARDING DRIVING UNDER RESTRAINT WHEREAS, the Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation; and WHEREAS, the Town wishes to adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7, Chapter 2, Article B of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-4, to read as follows: 7-2B-4: DRIVING UNDER RESTRAINT OR SUSPENSION: It is unlawful for any person to drive a motor vehicle or off-highway vehicle upon any street or highway in the Town with knowledge that such person's license or privilege to drive, either as a resident or nonresident, is under restraint or suspension for any reason, including an outstanding judgment. 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 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 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 Ordinance No. 3, Series of 2018 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 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 21st day of February, 2018. Witness my hand and seal this 21st day of February, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 3 SERIES 2018 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE B OF THE VAIL TOWN CODE, BY THE ADDITION OF A NEW SECTION 4 REGARDING DRIVING UNDER RESTRAINT WHEREAS, the Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation; and WHEREAS, the Town wishes to adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7, Chapter 2, Article B of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-4, to read as follows: 7-2B-4: DRIVING UNDER RESTRAINT OR SUSPENSION: It is unlawful for any person to drive a motor vehicle or off-highway vehicle upon any street or highway in the Town with knowledge that such person's license or privilege to drive, either as a resident or nonresident, is under restraint or suspension for any reason, including an outstanding judgment. 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 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 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 Ordinance No. 3, Series of 2018 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 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of February, 2018. Witness my hand and seal this 7th day of February, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 4 SERIES OF 2018 AN ORDINANCE AMENDING TITLE 10 OF THE TOWN OF VAIL MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 4, CONCERNING THE CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY WHEREAS, under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature; WHEREAS, as a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants; and WHEREAS, the Town Council finds and determines that it is in the best interest of the public health, safety and welfare to adopt local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and to adopt regulations to limit the impacts of such cultivation on surrounding areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Title 10 of the Vail Town Code is hereby amended by the addition of a new Chapter 4, to read as follows: Chapter 4 CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY 10-4-1: PURPOSE: The purpose of this Chapter is to regulate the cultivation of marijuana on residential property in the Town, regardless of whether the marijuana is for medical or recreational use. 10-4-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: MARIJUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. RESIDENTIAL PROPERTY: A single-family dwelling, multi -family dwelling, two- family dwelling or other dwelling unit, as those terms are defined in Chapter 12 of Ordinance No. 4, Series of 2018 this Code, including any associated accessory structures and front, rear or side yards. 10-4-3: PLANT LIMIT: Regardless of whether the marijuana is for medical or recreational use, it is unlawful for a person to knowingly cultivate more than six (6) marijuana plants on residential property or to knowingly allow more than six (6) marijuana plants to be cultivated on residential property. 10-4-5: LIMITATION ON IMPACTS: The cultivation of marijuana on residential property shall not be perceptible from outside the residential property, including without limitation: 1. Common visual observation, including any form of signage; 2. Odor; 3. Light pollution or glare; or 4. Undue vehicle or foot traffic, including excess parking. 10-4-4: SAFETY REGULATIONS: A. The cultivation of marijuana on residential property shall meet the requirements of all applicable building and life/safety codes. B. The cultivation of marijuana on residential property shall comply with all applicable water and sewer regulations. C. The use of flammable gas as a solvent in the extraction of tetrahydrocannabinol or any other cannabinoid is prohibited on any residential property. D. The cultivation of marijuana on residential property is and shall be deemed consent by the person cultivating the marijuana, upon reasonable notice, for the Town to inspect the premises to determine compliance with this Chapter. 10-4-5: VIOLATION; PENALTY: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. 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 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. Ordinance No. 4, Series of 2018 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of February, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 21st day of February, 2018. Witness my hand and seal this 21st day of February, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 4 SERIES OF 2018 AN ORDINANCE AMENDING TITLE 10 OF THE TOWN OF VAIL MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 4, CONCERNING THE CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY WHEREAS, under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature; WHEREAS, as a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants; and WHEREAS, the Town Council finds and determines that it is in the best interest of the public health, safety and welfare to adopt local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and to adopt regulations to limit the impacts of such cultivation on surrounding areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Title 10 of the Vail Town Code is hereby amended by the addition of a new Chapter 4, to read as follows: Chapter 4 CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY 10-4-1: PURPOSE: The purpose of this Chapter is to regulate the cultivation of marijuana on residential property in the Town, regardless of whether the marijuana is for medical or recreational use. 10-4-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: MARIJUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. RESIDENTIAL PROPERTY: A single-family dwelling, multi -family dwelling, two- family dwelling or other dwelling unit, as those terms are defined in Chapter 12 of Ordinance No. 4, Series of 2018 this Code, including any associated accessory structures and front, rear or side yards. 10-4-3: PLANT LIMIT: Regardless of whether the marijuana is for medical or recreational use, it is unlawful for a person to knowingly cultivate more than six (6) marijuana plants on residential property or to knowingly allow more than six (6) marijuana plants to be cultivated on residential property. 10-4-5: LIMITATION ON IMPACTS: The cultivation of marijuana on residential property shall not be perceptible from outside the residential property, including without limitation: 1. Common visual observation, including any form of signage; 2. Odor; 3. Light pollution or glare; or 4. Undue vehicle or foot traffic, including excess parking. 10-4-4: SAFETY REGULATIONS: A. The cultivation of marijuana on residential property shall meet the requirements of all applicable building and life/safety codes. B. The cultivation of marijuana on residential property shall comply with all applicable water and sewer regulations. C. The use of flammable gas as a solvent in the extraction of tetrahydrocannabinol or any other cannabinoid is prohibited on any residential property. D. The cultivation of marijuana on residential property is and shall be deemed consent by the person cultivating the marijuana, upon reasonable notice, for the Town to inspect the premises to determine compliance with this Chapter. 10-4-5: VIOLATION; PENALTY: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. 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 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. Ordinance No. 4, Series of 2018 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of February, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 27th day of February, 2018. Witness my hand and seal this 27th day of February, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 5 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL TOWN CODE REGARDING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in the Town; WHEREAS, the Town Council desires to amend the Town Code to prohibit the rental of EPAMDs without a permit issued by the Town; WHEREAS, the Colorado General Assembly recently passed House Bill 17- 1151, which refines the definition of an Electric Assisted Bicycle and affords such mode of transportation a presumption of allowance on bike and pedestrian paths in the state unless a municipality provides otherwise; and WHEREAS, the Town Council wishes to implement House Bill 17-1551. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of "Electric Assisted Bicycle" contained in Section 7- 4-1 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less, fully operable pedals, and an electric motor not exceeding seven hundred fifty (750) watts of power rating, and conforming to one of three classes as follows: A. "Class 1 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. C. "Class 3 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. Ordinance No. 5, Series of 2018 Section 2. Section 7-4-4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 7-4-4. EPAMDS: A. General Prohibition: It is unlawful for the owner of an EPAMD to rent the EPAMD to any person in the Town unless the owner of the EPAMD has obtained a permit from the Town in compliance with this Section. B. Permit: The Town will issue one permit to a commercial enterprise owning EPAMDs and offering to the general public guided EPAMD tours to groups of six (10) persons or less. As a condition of the permit, the permittee shall: maintain the EPAMDs in safe working condition; require that all EPAMD tour guides are certified EPAMD operators; ensure that the EPAMDs operated by tour guides are equipped with operational audible warning devices at all times; and ensure that the EPAMDs are operated in compliance with all applicable law. 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. D. Minimum Age: An EPAMD shall only be operated by persons twelve (12) years of age or older. Section 3. Subsections B. and C. of Section 7-4-5 of the Vail Town Code are hereby amended as follows: 7-4-5: ELECTRIC ASSISTED BICYCLES: * * * B. Bicycle and Pedestrian Paths: Notwithstanding any other provision of this Chapter to the contrary, a person may operate a Class 1 or Class 2 electric assisted bicycle, with the motor activated, on any bicycle and Ordinance No. 5, Series of 2018 pedestrian path in the Town, other than a bicycle and pedestrian path in any of the prohibited areas set forth below. Class 3 electric assisted bicycles are prohibited on all bicycle and pedestrian paths. C. Prohibited Areas: It is unlawful for a person to operate an electric assisted bicycle with the motor activated 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; or 7. Sidewalks that are not part of a designated bicycle and pedestrian path. 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 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 5. 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 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. Ordinance No. 5, Series of 2018 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 6th day of March, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of March, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 5, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of March, 2018. Witness my hand and seal this 7th day of March, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 5 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL TOWN CODE REGARDING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in the Town; WHEREAS, the Town Council desires to amend the Town Code to prohibit the rental of EPAMDs without a permit issued by the Town; WHEREAS, the Colorado General Assembly recently passed House Bill 17- 1151, which refines the definition of an Electric Assisted Bicycle and affords such mode of transportation a presumption of allowance on bike and pedestrian paths in the state unless a municipality provides otherwise; and WHEREAS, the Town Council wishes to implement House Bill 17-1551. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of "Electric Assisted Bicycle" contained in Section 7- 4-1 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less, fully operable pedals, and an electric motor not exceeding seven hundred fifty (750) watts of power rating, and conforming to one of three classes as follows: A. "Class 1 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. C. "Class 3 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. Ordinance No. 5, Series of 2018 Section 2. Section 7-4-4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 7-4-4. EPAMDS: A. General Prohibition: It is unlawful for the owner of an EPAMD to rent the EPAMD to any person in the Town unless the owner of the EPAMD has obtained a permit from the Town in compliance with this Section. B. Permit: The Town will issue one permit to a commercial enterprise owning EPAMDs and offering to the general public guided EPAMD tours to groups of six (10) persons or less. As a condition of the permit, the permittee shall: maintain the EPAMDs in safe working condition; require that all EPAMD tour guides are certified EPAMD operators; ensure that the EPAMDs operated by tour guides are equipped with operational audible warning devices at all times; and ensure that the EPAMDs are operated in compliance with all applicable law. 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. D. Minimum Age: An EPAMD shall only be operated by persons twelve (12) years of age or older. Section 3. Subsections B. and C. of Section 7-4-5 of the Vail Town Code are hereby amended as follows: 7-4-5: ELECTRIC ASSISTED BICYCLES: * * * B. Bicycle and Pedestrian Paths: Notwithstanding any other provision of this Chapter to the contrary, a person may operate a Class 1 or Class 2 electric assisted bicycle, with the motor activated, on any bicycle and Ordinance No. 5, Series of 2018 pedestrian path in the Town, other than a bicycle and pedestrian path in any of the prohibited areas set forth below. Class 3 electric assisted bicycles are prohibited on all bicycle and pedestrian paths. C. Prohibited Areas: It is unlawful for a person to operate an electric assisted bicycle with the motor activated 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; or 7. Sidewalks that are not part of a designated bicycle and pedestrian path. 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 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 5. 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 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. Ordinance No. 5, Series of 2018 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 6th day of March, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of March, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 5, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of March, 2018. Witness my hand and seal this 7th day of March, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 6 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, HEAVY EQUIPMENT FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND OF THE 2018 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 2018 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 14, Series of 2017, adopting the 2018 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 2018 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund Capital Projects Fund Housing Fund Real Estate Transfer Tax Fund Heavy Equipment Fund Dispatch Services Fund Total $ 231,700 18,281,422 5,154,049 7,665,260 143,500 550,000 $ 32,025,931 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 Ordinance No. 6, Series of 2018 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 March, 2017, and a public hearing shall be held on this Ordinance on the 20h day of March, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of March, 2018. Witness my hand and seal this 20th day of March, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 6 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, HEAVY EQUIPMENT FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND OF THE 2018 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 2018 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 14, Series of 2017, adopting the 2018 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 2018 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund Capital Projects Fund Housing Fund Real Estate Transfer Tax Fund Heavy Equipment Fund Dispatch Services Fund Total $ 391,700 18,736,519 5,654,049 7,710,163 143,500 550,000 $ 33,185,931 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. 6, Series of 2018 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 March, 2018, and a public hearing shall be held on this Ordinance on the 20th day of March, 2018, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of March 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of March, 2018. Witness my hand and seal this 7th day of March, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 7 SERIES OF 2018 AN ORDINANCE TO AMEND TITLE 10, CHAPTER 1-3 OF THE VAIL TOWN CODE THAT DETAILS THE ADOPTION, BY REFERENCE, OF THE 2015 INTERNATIONAL RESIDENTIAL CODE. WHEREAS, the 2015 edition of the International Residential Code has been published; WHEREAS, the Town's Building and Fire Code Appeals Board has recommended an amendment of the code set forth in this ordinance; and WHEREAS, the Vail Town Council finds that the amendment of the code in this ordinance will promote the health, safety and general welfare of the public 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. 10-1-3: AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The following amendment is hereby made to the International Residential Code, 2015 Edition: SECTION R302.1 — EXTERIOR WALLS: Section R302.1 is amended by the addition of the following Exception: "6. Walls, projections, openings or penetrations of two-family dwelling units with a lot line separating the units along the shared wall." 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 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 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of March, 2018 and a public hearing and second reading of this Ordinance set for the 20th day of March, 2018 at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED IN FULL this day of , 2018. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of March, 2018. Witness my hand and seal this 20th day of March, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 7 SERIES OF 2018 AN ORDINANCE AMENDING SECTION 10-1-3 OF THE VAIL TOWN CODE TO ADD AN AMENDMENT TO THE 2015 INTERNATIONAL RESIDENTIAL CODE PREVIOUSLY ADOPTED BY THE TOWN BY REFERENCE WHEREAS, the Town previously adopted the 2015 edition of the International Residential Code by reference, with amendments; and WHEREAS, the Town's Building and Fire Code Appeals Board has recommended that the Town adopt an additional amendment to the 2015 edition of the International Residential Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 10-1-3 of the Vail Town Code is hereby amended by the addition of the following amendment to the International Residential Code, 2015 edition, to be inserted in numerical order: 10-1-3: AMENDMENTS TO RESIDENTIAL CODE: * * * Section R302.1 — Exterior Walls: Section R302.1 is amended by the addition of the following: "Exception: 6. Walls, projections, openings or penetrations of two- family dwelling units with a lot line separating the units along the shared wall." 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 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 3. 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This 1 3/1/2018 C:IUSERSICJARECKIIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIAM281 BCLIIRC AMEND- 0022818.DOCX 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 6th day of March, 2018 and a public hearing and second reading of this Ordinance set for the 20th day of March, 2018 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of March, 2018. ATTEST: Patty McKenny, Town Clerk 2 David Chapin, Mayor 3/1/2018 C:IUSERSICJARECKIIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIAM281 BCLIIRC AMEND- 0022818.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 4th day of April, 2018. Witness my hand and seal this 4th day of April, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 8 SERIES 2018 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING WIRELESS SERVICE FACILITIES WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services; WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ("Section 6409") requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station; WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way; and WHEREAS, the Town Council wishes to establish a procedure for review of applications for the installation of wireless service facilities within the Town in compliance with the Act, Section 6409 and House Bill 17-1193. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows: CHAPTER 27 WIRELESS SERVICE FACILITIES 12-27-1: PURPOSE AND APPLICABILITY: A Purpose. The purposes of this Chapter are: to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community; to act on applications for the location of wireless service facilities within a reasonable time; to encourage co -location of wireless service facilities, and to prevent unreasonable discrimination among providers of functionally equivalent services. B. Applicability. This Chapter applies to all WSFs, in addition to all other applicable provisions of this Code. 1 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX 12-27-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ACCESSORY EQUIPMENT: Equipment, including buildings and structures, used to protect and enable radio switching equipment, back up power and other devices incidental to a WSF, but excluding antennae. ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service. BASE STATION: A structure or equipment, other than a tower, at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network, including equipment associated with wireless communications services, including radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks), and any structure, other than a tower, to which any of the equipment described herein is attached. BUILDING ROOF -MOUNTED WSF: A WSF that is mounted and supported entirely on the roof of a legally existing building or structure. BUILDING WALL -MOUNTED WSF: A WSF that is mounted and supported entirely on the wall of a legally existing building or structure. ELIGIBLE FACILITY REQUEST: A request for approval of the modification of an existing tower or base station that involves the co - location of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment. EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and cabinets used to house WSF equipment. FAA: Federal Aviation Administration. FCC: Federal Communications Commission. FREESTANDING WSF: A WSF that consists of a stand-alone support structure such as a tower or monopole, and antennae and accessory equipment. MICRO WSF: A WSF that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, with exterior antenna, if any, of no more than eleven (11) inches in length. 2 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk, easement or right-of-way dedicated to public use, including without limitation access and utility easements. SMALL CELL FACILITY: Either a personal wireless service facility as defined by the federal Telecommunications Act of 1996, or a WSF where: each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. A small cell facility includes a micro WSF. SMALL CELL NETWORK: A collection of interrelated small cell facilities designed to deliver wireless service. SUBSTANTIAL CHANGE: A modification to an existing tower or base station under the following circumstances: 1. A substantial change in the height of an existing tower or base station occurs as follows: a. For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater. b. For a tower located in a public right-of-way or a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater. 2. Changes in height are measured as follows: a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment. b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012. 3 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX 3. A substantial change in the width of an existing tower or base station occurs as follows: a. For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater. b. For a tower in a public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet. 4. A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows: a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist; or b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets. 5. A substantial change also occurs for any existing tower or base station when any of the following are found: a. When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four (4) new cabinets, whichever is less. b. When the change entails any excavation or deployment outside the current site. c. When the change would defeat the concealment elements of the eligible support structure. d. When the change does not comply with conditions associated with the original approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (1)-(5)(b) hereof. TOWER: A structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennae and their associated facilities, 4 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX including structures that are constructed for wireless communications services, including without limitation private, broadcast, public safety services, unlicensed wireless services and fixed wireless services such as microwave backhaul. WIRELESS SERVICE: Data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law. WIRELESS SERVICE FACILITY (WSF): A facility for the provision of wireless services, including a small cell facility, excluding coaxial or fiber- optic cable that is not immediately adjacent to or directly associated with a particular antenna. 12-27-3: STANDARDS FOR ALL WSFS: A. Compliance with law: All WSFs shall meet the current standards of the FCC and any other applicable law. By adopting this Section, the Town is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC. B. Verification: Upon a request by the Town at any time, a WSF owner or operator shall verify that: 1. The WSF complies with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and 2. The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields. C. Applications: 1. An application to locate a new WSF not deemed to be an eligible facility request shall be approved or denied by the Town within ninety (90) days of the Town's receipt of a completed application. This time period may be tolled by mutual agreement. The time it takes for an applicant to respond to a first request for additional information will not count toward the ninety (90) day period set forth herein if the Town notifies the applicant of an incomplete application. 2. Each WSF shall be evaluated for approval subject to the standards set forth in this Code as well as current standards and 5 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX regulations of the FCC and any other agency authorized to regulate WSFs. 3. When an application for approval of any WSF is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, specifically identifying all missing documents or information. If an application remains incomplete after a supplemental submission, the Town shall notify the applicant within ten (10) days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness. D. Criteria: In considering an application for approval of any WSF, the Town shall base its decision on whether the WSF meets the applicable standards as outlined in this Chapter and all other applicable standards of the Code. E. Denial: A final decision by the Town to deny any application under this Chapter shall be in writing and supported by substantial evidence contained in a written record. 12-27-4: FREESTANDING WSFS: A. Review required: Prior to the location of a freestanding WSF within the corporate limits of the town, design approval shall be required per Chapter 11 of this Title. B. Setbacks: A freestanding WSF located within two hundred fifty (250) feet of property zoned for residential use shall be set back from each property line one (1) foot of distance for every one (1) foot of height, plus an additional ten (10) feet. A freestanding WSF located more than two hundred fifty (250) feet from property zoned for residential use shall meet the minimum setbacks for buildings and structures in the underlying zone district. 12-27-5: BUILDING MOUNTED WSFS: A. Review required: Prior to the location of a building mounted WSF within the corporate limits of the town, design approval shall be required per Chapter 11 of this Title. B. All accessory equipment shall be placed inside a building if feasible. Equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed four hundred (400) square feet per WSF. 6 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX 12-27-6: SMALL CELL FACILITIES: A. A telecommunications provider or broadband provider may locate or collocate small cell facilities or small cell networks on light poles, light standards, traffic signals, or utility poles owned by the Town in public rights-of-way, subject to the following: 1. A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached. 2. If upon inspection, the Town concludes that a WSF fails to comply with applicable law and constitutes a danger to persons or property, upon thirty (30) days' prior written notice to the owner or operator, the owner or operator shall bring the WSF into compliance. Upon good cause shown, the Town may extend such compliance period for not more than ninety (90) days from the date of said notice. If the owner or operator fails to bring the WSF into compliance, the Town may remove the WSF at the expense of the owner or operator. B. The Town may contract with any telecommunications provider concerning the attachment of small cell facilities to poles or structures in the right-of-way. The Town shall not request or receive from a telecommunications provider, in exchange for or as a condition upon a grant of permission to attach a small cell facility, any in-kind payment or payment in excess of the amount that would be authorized if the Town were regulated pursuant to 47 U.S.C. § 224. A. General: An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following: 1. A written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter. 2. If requested by the Town, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. C. A telecommunications provider or broadband provider may file a consolidated application for a single permit for a small cell network involving multiple individual small cell facilities. However, each small cell facility individually is subject to review for compliance with this Chapter. 12-27-7: MICRO WSFS: A. No permit shall be required for the installation, placement, operation, maintenance, or replacement of a micro WSF that is suspended 7 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX on cable operator -owned cables or lines that are strung between existing utility poles in compliance with applicable law. B. The Town may require a permit for installation, placement, operation, maintenance, or replacement of a micro WSF where the installation, placement, operation, maintenance, or replacement: 1. Involves working within a highway travel lane or requires the closure of a highway travel lane; 2. Disturbs the pavement or a shoulder, roadway, or ditch line; 3. Includes placement on limited access rights-of-way; or 4. Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro WSF is attached. 12-27-8: ELIGIBLE FACILITY REQUESTS: A. Time: An eligible facility request shall be approved or denied by the Town within sixty (60) days of the Town's receipt of the completed application. This time period may be tolled only by mutual agreement or when an application is incomplete. If the Town fails to approve or deny an eligible facility request within sixty (60) days of the Town's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notice from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted. B. Approval: 1. The Town shall approve an eligible facility request that does not substantially change the physical dimensions of a tower or base station. 2. The Town may approve an eligible facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of this Code. 3. The Town may condition the approval of any eligible facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety. 8 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX 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. Retroactivity. 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 4. Repeal. 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 , 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 9 Dave Chapin, Mayor 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 5th day of July, 2018. Witness my hand and seal this 5th day of July, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 8 SERIES 2018 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING WIRELESS SERVICE FACILITIES WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services; WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ("Section 6409") requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station; WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way; and WHEREAS, the Town Council wishes to establish a procedure for review of applications for the installation of wireless service facilities within the Town in compliance with the Act, Section 6409 and House Bill 17-1193. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows: CHAPTER 27 WIRELESS SERVICE FACILITIES 12-27-1: PURPOSE AND APPLICABILITY: A Purpose. The purposes of this Chapter are: to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community; to act on applications for the location of wireless service facilities within a reasonable time; to encourage co -location of wireless service facilities, and to prevent unreasonable discrimination among providers of functionally equivalent services. B. Applicability. This Chapter applies to all WSFs, in addition to all other applicable provisions of this Code. 1 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX 12-27-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ACCESSORY EQUIPMENT: Equipment, including buildings and structures, used to protect and enable radio switching equipment, back up power and other devices incidental to a WSF, but excluding antennae. ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service. BASE STATION: A structure or equipment, other than a tower, at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network, including equipment associated with wireless communications services, including radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks), and any structure, other than a tower, to which any of the equipment described herein is attached. BUILDING MOUNTED WSF: A WSF that is mounted and supported entirely on the roof of a legally existing building or structure or on the wall of a legally existing building or structure. ELIGIBLE FACILITY REQUEST: A request for approval of the modification of an existing tower or base station that involves the co - location of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment. EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and cabinets used to house WSF equipment. FAA: Federal Aviation Administration. FCC: Federal Communications Commission. FREESTANDING WSF: A WSF that consists of a stand-alone support structure such as a tower or monopole, and antennae and accessory equipment. MICRO WSF: A WSF that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, with exterior antenna, if any, of no more than eleven (11) inches in length. 2 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk, easement or right-of-way dedicated to public use, including without limitation access and utility easements. SMALL CELL FACILITY: Either a personal wireless service facility as defined by the federal Telecommunications Act of 1996, or a WSF where: each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume; provided that the following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. A small cell facility includes a micro WSF. SMALL CELL NETWORK: A collection of interrelated small cell facilities designed to deliver wireless service. SUBSTANTIAL CHANGE: A modification to an existing tower or base station under the following circumstances: 1. A substantial change in the height of an existing tower or base station occurs as follows: a. For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater. b. For a tower located in a public right-of-way or a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater. 2. Changes in height are measured as follows: a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment. b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base 3 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX station, including any appurtenances, as the tower or base station existed on February 22, 2012. 3. A substantial change in the width of an existing tower or base station occurs as follows: a. For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater. b. For a tower in a public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet. 4. A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows: a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist; or b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets. 5. A substantial change also occurs for any existing tower or base station when any of the following are found: a. When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four (4) new cabinets, whichever is less. b. When the change entails any excavation or deployment outside the current site. c. When the change would defeat the concealment elements of the eligible support structure. d. When the change does not comply with conditions associated with the original approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (1)-(5)(b) hereof. 4 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX TOWER: A structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennae and their associated facilities, including structures that are constructed for wireless communications services, including without limitation private, broadcast, public safety services, unlicensed wireless services and fixed wireless services such as microwave backhaul. WIRELESS SERVICE: Data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law. WIRELESS SERVICE FACILITY (WSF): A facility for the provision of wireless services, including a small cell facility, excluding coaxial or fiber- optic cable that is not immediately adjacent to or directly associated with a particular antenna. 12-27-3: STANDARDS FOR ALL WSFS: A. Compliance with law: All WSFs shall meet the current standards of the FCC and any other applicable law. By adopting this Section, the Town is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC. B. Verification: Upon a request by the Town at any time, a WSF owner or operator shall verify that: 1. The WSF complies with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and 2. The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields. C. Applications: 1. An application to locate a new WSF not deemed to be an eligible facility request shall be approved or denied by the Town within ninety (90) days of the Town's receipt of a completed application. This time period may be tolled by mutual agreement. The time it takes for an applicant to respond to a first request for additional information will not count toward the ninety (90) day period set forth herein if the Town notifies the applicant of an incomplete application. 5 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX 2. An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following: a written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter; and if requested by the Town for any WSF other than a small cell facility, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. 3. When an application for approval of any WSF is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, specifically identifying all missing documents or information. If an application remains incomplete after a supplemental submission, the Town shall notify the applicant within ten (10) days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness. D. Denial: A final decision by the Town to deny any application under this Chapter shall be in writing and supported by substantial evidence contained in a written record. 12-27-4: FREESTANDING WSFS: A. Design review required: Prior to the location of a freestanding WSF in any zone district, design approval shall be required pursuant to Chapter 11 of this Title. B. Setbacks: A freestanding WSF located within two hundred fifty (250) feet of property zoned for residential use shall be set back from each property line one (1) foot of distance for every one (1) foot of height, plus an additional ten (10) feet. A freestanding WSF located more than two hundred fifty (250) feet from property zoned for residential use shall meet the minimum setbacks for buildings and structures in the underlying zone district. C. Maximum height: A freestanding WSF, including antennae, shall not exceed the maximum structure height limit in the underlying zone district. In no case shall a freestanding WSF, including its appurtenances, exceed one hundred (100) feet in height. 12-27-5: BUILDING MOUNTED WSFS: A. Design review required: Prior to the location of a building mounted WSF in any zone district, design approval shall be required pursuant to Chapter 11 of this Title. 6 7/5/2018 C: I USERSI TNAGEL. VAILGOV.0311APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI CVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX B. Equipment: All accessory equipment shall be placed inside a building if feasible. Equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed four hundred (400) square feet per WSF. 12-27-6: SMALL CELL FACILITIES: A. Small cell facilities shall be considered a permitted use in all zone districts. A permit shall be required for all small cell facilities, and each small cell facility is subject to review for compliance with this Chapter; provided that a consolidated application for a single permit may be filed for a small cell network involving multiple individual small cell facilities. B. If a small cell facility (or each small cell facility in a small cell network) complies with the following criteria, the Town shall issue a permit: 1. All equipment related to the small cell facility is as architecturally compatible with the surrounding area as feasible; 2. All electrical, communication, and other wiring including radios, antennae and backhaul connections, shall be fully concealed, internal to the structure, where possible and shrouded in all other instances; 3. The facility shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including without limitation the proximity of the facility to first and second story windows; 4. The facility and any associated equipment shall be designed and located outside of intersection sight distances and in accordance with the Town's applicable roadway design criteria; and 5. The facility and any associated equipment shall be designed to be compatible with the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. C. A telecommunications provider or broadband provider may locate or collocate small cell facilities or small cell networks on light poles, light standards, traffic signals, or utility poles owned by the Town in public rights-of-way, subject to the following: 7 7/5/2018 C: I USERSI TNAGEL. VAILGOV.0311APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI CVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX 1. A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached. 2. A license agreement with the Town shall be required to address the attachment of small cell facilities to any Town -owned poles or structures in the right-of-way. The Town shall not request or receive from a telecommunications provider, in exchange for or as a condition upon a grant of permission to attach a small cell facility, any in-kind payment or payment in excess of the amount that would be authorized if the Town were regulated pursuant to 47 U.S.C. § 224. The license agreement may include design standards for the small cell facilities. 3. If upon inspection, the Town concludes that a WSF fails to comply with applicable law and constitutes a danger to persons or property, upon thirty (30) days' prior written notice to the owner or operator, the owner or operator shall bring the WSF into compliance. Upon good cause shown, the Town may extend such compliance period for not more than ninety (90) days from the date of said notice. If the owner or operator fails to bring the WSF into compliance, the Town may remove the WSF at the expense of the owner or operator. 12-27-7: MICRO WSFS: A. No permit shall be required for the installation, placement, operation, maintenance, or replacement of a micro WSF that is suspended on cable operator -owned cables or lines that are strung between existing utility poles in compliance with applicable law. B. Notwithstanding the foregoing, the Town may require a permit for installation, placement, operation, maintenance, or replacement of a micro WSF where the installation, placement, operation, maintenance, or replacement: 1. Involves working within a highway travel lane or requires the closure of a highway travel lane; 2. Disturbs the pavement or a shoulder, roadway, or ditch line; 3. Includes placement on limited access rights-of-way; or 4. Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that 8 7/5/2018 C: I USERSI TNAGEL. VAILGOV.0311APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI CVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro WSF is attached. 12-27-8: ELIGIBLE FACILITY REQUESTS: A. Time: An eligible facility request shall be approved or denied by the Town within sixty (60) days of the Town's receipt of the initial application. This time period may be tolled only by mutual agreement or when an application is incomplete. If the Town fails to approve or deny an eligible facility request within sixty (60) days of the Town's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notice from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted. B. Approval: The following standards shall apply to an eligible facility request, in lieu of any other provisions of this Chapter: 1. The Town shall approve an eligible facility request that does not substantially change the physical dimensions of a tower or base station. 2. The Town may approve an eligible facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of this Code. 3. The Town may condition the approval of any eligible facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety. 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. Retroactivity. 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. 9 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX Section 4. Repeal. 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 April, 2018 and a public hearing for second reading of this Ordinance is set for the 3rd day of July, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of July, 2018. ATTEST: Patty McKenny, Town Clerk 10 Dave Chapin, Mayor 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 17th day of April, 2018. Witness my hand and seal this 17th day of April, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 9 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-4 REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate Bill 17-027, regarding the misuse of wireless telephones while driving; and WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill 17-027. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B, to read as follows: 7-2B-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING: A. As used in this Section, the following terms shall have the following meanings: 1. "Emergency" means a situation in which a person: has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner. 2. "Operating a motor vehicle" means driving a motor vehicle on a public street, roadway or highway, but "operating a motor vehicle" does not include maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. 3. "Use" means talking on or listening to a wireless telephone or engaging a wireless telephone for text messaging or other similar forms of manual data entry or transmission. 4. "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment, including without limitation cellular and mobile telephones. B. A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle, except if the person is using the wireless telephone to contact a public safety entity or during an 1 Ordinance No. 9, Series of 2018 emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone. C. A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle, unless the person is using the wireless telephone to contact a public safety entity or during an emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances. D. This Section shall not be construed to authorize the seizure and forfeiture of a wireless telephone unless otherwise provided by law. 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 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 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. 2 Ordinance No. 9, Series of 2018 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 8th day of May, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 3 Ordinance No. 9, Series of 2018 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of May, 2018. Witness my hand and seal this 2nd day of May, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-4 REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate Bill 17-027, regarding the misuse of wireless telephones while driving; and WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill 17-027. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B, to read as follows: 7-2B-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING: A. As used in this Section, the following terms shall have the following meanings: 1. "Emergency" means a situation in which a person: has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner. 2. "Operating a motor vehicle" means driving a motor vehicle on a public street, roadway or highway, but "operating a motor vehicle" does not include maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. 3. "Use" means talking on or listening to a wireless telephone or engaging a wireless telephone for text messaging or other similar forms of manual data entry or transmission. 4. "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment, including without limitation cellular and mobile telephones. B. A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle, except if the person is using the wireless telephone to contact a public safety entity or during an Ordinance No. 9 Series of 2018 emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone. C. A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle, unless the person is using the wireless telephone to contact a public safety entity or during an emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances. D. This Section shall not be construed to authorize the seizure and forfeiture of a wireless telephone unless otherwise provided by law. 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 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 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. Ordinance No. 9 Series of 2018 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 2nd day of May, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of May, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 9 Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of July, 2018. Witness my hand and seal this 20th day of June, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 11 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE FUND OF THE 2018 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 2018 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 14, Series of 2017, adopting the 2018 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 2018 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund Capital Projects Fund Housing Fund Real Estate Transfer Tax Fund Timber Ridge Fund Dispatch Services Fund Total $ 341,202 3,992,629 1,500,000 222,059 8,000 4,981 $ 6,068,871 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. 11, Series of 2018 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 19th day of June, 2018, and a public hearing shall be held on this Ordinance on the 3rd day of July, 2018, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of July 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 5th day of July, 2018. Witness my hand and seal this 5th day of July, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 8 SERIES 2018 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING WIRELESS SERVICE FACILITIES WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services; WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ("Section 6409") requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station; WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way; and WHEREAS, the Town Council wishes to establish a procedure for review of applications for the installation of wireless service facilities within the Town in compliance with the Act, Section 6409 and House Bill 17-1193. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows: CHAPTER 27 WIRELESS SERVICE FACILITIES 12-27-1: PURPOSE AND APPLICABILITY: A Purpose. The purposes of this Chapter are: to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community; to act on applications for the location of wireless service facilities within a reasonable time; to encourage co -location of wireless service facilities, and to prevent unreasonable discrimination among providers of functionally equivalent services. B. Applicability. This Chapter applies to all WSFs, in addition to all other applicable provisions of this Code. 1 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX 12-27-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ACCESSORY EQUIPMENT: Equipment, including buildings and structures, used to protect and enable radio switching equipment, back up power and other devices incidental to a WSF, but excluding antennae. ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service. BASE STATION: A structure or equipment, other than a tower, at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network, including equipment associated with wireless communications services, including radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks), and any structure, other than a tower, to which any of the equipment described herein is attached. BUILDING MOUNTED WSF: A WSF that is mounted and supported entirely on the roof of a legally existing building or structure or on the wall of a legally existing building or structure. ELIGIBLE FACILITY REQUEST: A request for approval of the modification of an existing tower or base station that involves the co - location of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment. EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and cabinets used to house WSF equipment. FAA: Federal Aviation Administration. FCC: Federal Communications Commission. FREESTANDING WSF: A WSF that consists of a stand-alone support structure such as a tower or monopole, and antennae and accessory equipment. MICRO WSF: A WSF that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, with exterior antenna, if any, of no more than eleven (11) inches in length. 2 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk, easement or right-of-way dedicated to public use, including without limitation access and utility easements. SMALL CELL FACILITY: Either a personal wireless service facility as defined by the federal Telecommunications Act of 1996, or a WSF where: each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume; provided that the following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. A small cell facility includes a micro WSF. SMALL CELL NETWORK: A collection of interrelated small cell facilities designed to deliver wireless service. SUBSTANTIAL CHANGE: A modification to an existing tower or base station under the following circumstances: 1. A substantial change in the height of an existing tower or base station occurs as follows: a. For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater. b. For a tower located in a public right-of-way or a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater. 2. Changes in height are measured as follows: a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment. b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base 3 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX station, including any appurtenances, as the tower or base station existed on February 22, 2012. 3. A substantial change in the width of an existing tower or base station occurs as follows: a. For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater. b. For a tower in a public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet. 4. A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows: a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist; or b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets. 5. A substantial change also occurs for any existing tower or base station when any of the following are found: a. When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four (4) new cabinets, whichever is less. b. When the change entails any excavation or deployment outside the current site. c. When the change would defeat the concealment elements of the eligible support structure. d. When the change does not comply with conditions associated with the original approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (1)-(5)(b) hereof. 4 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX TOWER: A structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennae and their associated facilities, including structures that are constructed for wireless communications services, including without limitation private, broadcast, public safety services, unlicensed wireless services and fixed wireless services such as microwave backhaul. WIRELESS SERVICE: Data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law. WIRELESS SERVICE FACILITY (WSF): A facility for the provision of wireless services, including a small cell facility, excluding coaxial or fiber- optic cable that is not immediately adjacent to or directly associated with a particular antenna. 12-27-3: STANDARDS FOR ALL WSFS: A. Compliance with law: All WSFs shall meet the current standards of the FCC and any other applicable law. By adopting this Section, the Town is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC. B. Verification: Upon a request by the Town at any time, a WSF owner or operator shall verify that: 1. The WSF complies with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and 2. The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields. C. Applications: 1. An application to locate a new WSF not deemed to be an eligible facility request shall be approved or denied by the Town within ninety (90) days of the Town's receipt of a completed application. This time period may be tolled by mutual agreement. The time it takes for an applicant to respond to a first request for additional information will not count toward the ninety (90) day period set forth herein if the Town notifies the applicant of an incomplete application. 5 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX 2. An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following: a written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter; and if requested by the Town for any WSF other than a small cell facility, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. 3. When an application for approval of any WSF is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, specifically identifying all missing documents or information. If an application remains incomplete after a supplemental submission, the Town shall notify the applicant within ten (10) days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness. D. Denial: A final decision by the Town to deny any application under this Chapter shall be in writing and supported by substantial evidence contained in a written record. 12-27-4: FREESTANDING WSFS: A. Design review required: Prior to the location of a freestanding WSF in any zone district, design approval shall be required pursuant to Chapter 11 of this Title. B. Setbacks: A freestanding WSF located within two hundred fifty (250) feet of property zoned for residential use shall be set back from each property line one (1) foot of distance for every one (1) foot of height, plus an additional ten (10) feet. A freestanding WSF located more than two hundred fifty (250) feet from property zoned for residential use shall meet the minimum setbacks for buildings and structures in the underlying zone district. C. Maximum height: A freestanding WSF, including antennae, shall not exceed the maximum structure height limit in the underlying zone district. In no case shall a freestanding WSF, including its appurtenances, exceed one hundred (100) feet in height. 12-27-5: BUILDING MOUNTED WSFS: A. Design review required: Prior to the location of a building mounted WSF in any zone district, design approval shall be required pursuant to Chapter 11 of this Title. 6 7/5/2018 C: I USERSI TNAGEL. VAILGOV.0311APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI CVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX B. Equipment: All accessory equipment shall be placed inside a building if feasible. Equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed four hundred (400) square feet per WSF. 12-27-6: SMALL CELL FACILITIES: A. Small cell facilities shall be considered a permitted use in all zone districts. A permit shall be required for all small cell facilities, and each small cell facility is subject to review for compliance with this Chapter; provided that a consolidated application for a single permit may be filed for a small cell network involving multiple individual small cell facilities. B. If a small cell facility (or each small cell facility in a small cell network) complies with the following criteria, the Town shall issue a permit: 1. All equipment related to the small cell facility is as architecturally compatible with the surrounding area as feasible; 2. All electrical, communication, and other wiring including radios, antennae and backhaul connections, shall be fully concealed, internal to the structure, where possible and shrouded in all other instances; 3. The facility shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including without limitation the proximity of the facility to first and second story windows; 4. The facility and any associated equipment shall be designed and located outside of intersection sight distances and in accordance with the Town's applicable roadway design criteria; and 5. The facility and any associated equipment shall be designed to be compatible with the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. C. A telecommunications provider or broadband provider may locate or collocate small cell facilities or small cell networks on light poles, light standards, traffic signals, or utility poles owned by the Town in public rights-of-way, subject to the following: 7 7/5/2018 C: I USERSI TNAGEL. VAILGOV.0311APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI CVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX 1. A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached. 2. A license agreement with the Town shall be required to address the attachment of small cell facilities to any Town -owned poles or structures in the right-of-way. The Town shall not request or receive from a telecommunications provider, in exchange for or as a condition upon a grant of permission to attach a small cell facility, any in-kind payment or payment in excess of the amount that would be authorized if the Town were regulated pursuant to 47 U.S.C. § 224. The license agreement may include design standards for the small cell facilities. 3. If upon inspection, the Town concludes that a WSF fails to comply with applicable law and constitutes a danger to persons or property, upon thirty (30) days' prior written notice to the owner or operator, the owner or operator shall bring the WSF into compliance. Upon good cause shown, the Town may extend such compliance period for not more than ninety (90) days from the date of said notice. If the owner or operator fails to bring the WSF into compliance, the Town may remove the WSF at the expense of the owner or operator. 12-27-7: MICRO WSFS: A. No permit shall be required for the installation, placement, operation, maintenance, or replacement of a micro WSF that is suspended on cable operator -owned cables or lines that are strung between existing utility poles in compliance with applicable law. B. Notwithstanding the foregoing, the Town may require a permit for installation, placement, operation, maintenance, or replacement of a micro WSF where the installation, placement, operation, maintenance, or replacement: 1. Involves working within a highway travel lane or requires the closure of a highway travel lane; 2. Disturbs the pavement or a shoulder, roadway, or ditch line; 3. Includes placement on limited access rights-of-way; or 4. Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that 8 7/5/2018 C: I USERSI TNAGEL. VAILGOV.0311APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI CVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro WSF is attached. 12-27-8: ELIGIBLE FACILITY REQUESTS: A. Time: An eligible facility request shall be approved or denied by the Town within sixty (60) days of the Town's receipt of the initial application. This time period may be tolled only by mutual agreement or when an application is incomplete. If the Town fails to approve or deny an eligible facility request within sixty (60) days of the Town's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notice from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted. B. Approval: The following standards shall apply to an eligible facility request, in lieu of any other provisions of this Chapter: 1. The Town shall approve an eligible facility request that does not substantially change the physical dimensions of a tower or base station. 2. The Town may approve an eligible facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of this Code. 3. The Town may condition the approval of any eligible facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety. 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. Retroactivity. 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. 9 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX Section 4. Repeal. 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 April, 2018 and a public hearing for second reading of this Ordinance is set for the 3rd day of July, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of July, 2018. ATTEST: Patty McKenny, Town Clerk 10 Dave Chapin, Mayor 7/5/2018 C:IUSERSITNAGEL.VAILGOV.0311APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKICVTDF6PP1 ORDINANCE NO. 8 SERIES 2018.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 8th day of August, 2018. Witness my hand and seal this 8th day of August, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 13 SERIES OF 2018 AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12- 10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED, VAIL TOWN CODE, TO REMOVE 1A, LOT 2A, TRACT K, TRACT L AND TRACT M OF A RESUBDIVISION OF VAIL LIONSHEAD, BLOCK 1, FROM THE "PARKING PAY -IN -LIEU" ZONES FOR PARKING REGULATIONS PURPOSES, AND SETTING FORTH DETAILS IN REGARD THERETO. 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, Ordinance No. 30, Series of 1982 adopted parking fee rates for various uses within the Town; WHEREAS, Ordinance No. 4, Series of 2001 amended the Town's "parking pay -in -lieu" policy to be consistent with master plan goals and objectives; WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental Commission held a public hearing on the prescribed regulation amendment to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes; WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the prescribed regulation amendment; WHEREAS, the Vail Town 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 Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment Ordinance No. 13, Series 2018 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 prescribed regulation amendment to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, as further described in Exhibit A. Section 2. Condition Precedent The prescribed regulation amendment set forth in Section 1 hereof shall take effect on the date that the Final Plat for Vail/Lionshead, First Filing, a Resubdivision of a Part of Lots 1,2,3 and Tract E, Block 1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat referenced above has not been properly recorded by August 7, 2020, the prescribed regulation amendment set forth in Section 1 hereof shall not take effect. 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 prescribed regulation 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; and, b. The prescribed regulation amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The prescribed regulation 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 of Vail 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 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. Ordinance No. 13, Series 2018 -2 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 7th day of August, 2018, and a public hearing for second reading of this Ordinance set for the 21St day of August, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of August, 2018. ATTEST: Patty McKenny, Town Clerk Ordinance No. 13, Series 2018 -3 Dave Chapin, Mayor Exhibit A Parcels to be removed from the "parking pay -in -lieu" zones for parking regulations purposes FINAL PLAT VAIL/LIONSNEAD, FIRST FILING A RESUBDIVISION OF A PART OF LOTS 1, 2 3 AND TRACT E BLOCK 1 TOWN OF VAII, COUNTY OF EAGLE, STATE OF COLORADO Ordinance No. 13, Series 2018 -4 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 23rd day of August, 2018. Witness my hand and seal this 23rd day of August, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 13 SERIES OF 2018 AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12- 10-16 EXEMPT AREAS; PARKING FUND ESTABLISHED, VAIL TOWN CODE, TO REMOVE 1A, LOT 2A, TRACT K, TRACT L AND TRACT M OF A RESUBDIVISION OF VAIL LIONSHEAD, BLOCK 1, FROM THE "PARKING PAY -IN -LIEU" ZONES FOR PARKING REGULATIONS PURPOSES, AND SETTING FORTH DETAILS IN REGARD THERETO. 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, Ordinance No. 30, Series of 1982 adopted parking fee rates for various uses within the Town; WHEREAS, Ordinance No. 4, Series of 2001 amended the Town's "parking pay -in -lieu" policy to be consistent with master plan goals and objectives; WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental Commission held a public hearing on the prescribed regulation amendment to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes; WHEREAS, on July 9, 2018, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the prescribed regulation amendment; WHEREAS, the Vail Town 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 Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds and determines that the amendment Ordinance No. 13, Series 2018 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 prescribed regulation amendment to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, as further described in Exhibit A. Section 2. Condition Precedent The prescribed regulation amendment set forth in Section 1 hereof shall take effect on the date that the Final Plat for Vail/Lionshead, First Filing, a Resubdivision of a Part of Lots 1,2,3 and Tract E, Block 1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat referenced above has not been properly recorded by August 7, 2020, the prescribed regulation amendment set forth in Section 1 hereof shall not take effect. 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 prescribed regulation 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; and, b. The prescribed regulation amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The prescribed regulation 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 of Vail 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 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. Ordinance No. 13, Series 2018 -2 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 7th day of August, 2018, and a public hearing for second reading of this Ordinance set for the 21St day of August, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of August, 2018. ATTEST: Patty McKenny, Town Clerk Ordinance No. 13, Series 2018 -3 Dave Chapin, Mayor Exhibit A Parcels to be removed from the "parking pay -in -lieu" zones for parking regulations purposes FINAL PLAT VAIL/LIONSNEAD, FIRST FILING A RESUBDIVISION OF A PART OF LOTS 1, 2 3 AND TRACT E BLOCK 1 TOWN OF VAII, COUNTY OF EAGLE, STATE OF COLORADO Ordinance No. 13, Series 2018 -4 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 8th day of August, 2018. Witness my hand and seal this 8th day of August, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 14 SERIES OF 2018 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2: DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE/SKI CLUB, AND SETTING FORTH DETAILS IN REGARD THERETO. 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 the Town's Zoning Regulations; WHEREAS, it is necessary to amend the definition of Commercial Ski Storage/Ski Club to more accurately describe what activities do not fall within its definition while maintaining the success of existing and future businesses within the Town of Vail ; WHEREAS, the Town Council is committed to clarifying when ski operations pertaining to a lodge or dwelling unit are considered Commercial Ski Storage/Ski Club; WHEREAS, the Community Development Department is committed to making the Town Code easily understood; WHEREAS, from time to time is it necessary and prudent to update the Town Code; and WHEREAS, on July 23, 2018, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the amendment. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows (text that is to be added is bold): COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, Ordinance No. 14, Series 2018 1 B. Boot dryers, C. Ski storage racks, D. Ski tuning, E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered commercial ski storage/ski club: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF GOODS. B. The storage, on levels other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Section 2. 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 amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and are compatible with the development objectives of the town; Ordinance No. 14, Series 2018 2 b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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 of Vail 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 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 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 7th day of August, 2018, and a public hearing for second reading of this Ordinance set for the 21st day of August 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series 2018 3 Dave Chapin, Mayor INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this 21st day of August 2018„ in the Council Chambers of the Vail Municipal Building, Vail Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series 2018 4 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 23rd day of August, 2018. Witness my hand and seal this 23rd day of August, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 14 SERIES OF 2018 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2: DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE/SKI CLUB, AND SETTING FORTH DETAILS IN REGARD THERETO. 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 the Town's Zoning Regulations; WHEREAS, it is necessary to amend the definition of Commercial Ski Storage/Ski Club to more accurately describe what activities do not fall within its definition while maintaining the success of existing and future businesses within the Town of Vail ; WHEREAS, the Town Council is committed to clarifying when ski operations pertaining to a lodge or dwelling unit are considered Commercial Ski Storage/Ski Club; WHEREAS, the Community Development Department is committed to making the Town Code easily understood; WHEREAS, from time to time is it necessary and prudent to update the Town Code; and WHEREAS, on July 23, 2018, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the amendment. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows (text that is to be added is bold): COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, Ordinance No. 14, Series 2018 1 B. Boot dryers, C. Ski storage racks, D. Ski tuning, E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered commercial ski storage/ski club: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is subject to requirements of Section 12-14-21: OUTDOOR DISPLAY OF GOODS. B. The storage, on levels other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Section 2. 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 amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and are compatible with the development objectives of the town; Ordinance No. 14, Series 2018 2 b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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 of Vail 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 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 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 7th day of August, 2018, and a public hearing for second reading of this Ordinance set for the 21st day of August 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series 2018 3 Dave Chapin, Mayor INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON SECOND AND FINAL READING this 21st day of August 2018„ in the Council Chambers of the Vail Municipal Building, Vail Colorado. ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series 2018 4 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 23rd day of August, 2018. Witness my hand and seal this 19th day of September, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 15 SERIES 2018 AN ORDINANCE AMENDING SECTION 12-10-17 OF THE VAIL TOWN CODE TO MODIFY THE REGULATIONS APPLICABLE TO THE SHORT-TERM LEASING OF PRIVATE PARKING SPACES WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance 34, Series of 1977, regulating the leasing of private parking spaces in the Town; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community parking needs and priorities; WHEREAS, amending the regulations will provide a benefit to visitors to Vail through additional parking options, while protecting the residential character of low- density residential neighborhoods; WHEREAS, the proposed amendments are supported by the Vail Town Council Action Plan 2018-2020 and the Vail Land Use Plan; WHEREAS, on August 27, 2018 the Planning and Environmental Commission held a properly -noticed public hearing on the proposed amendments and forwarded a recommendation of approval to the Vail Town Council; and WHEREAS, on September 18, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-10-17 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-10-17: LEASING OF PARKING SPACES: A. General: Except as expressly provided in this Section, no person shall lease, rent, convey or restrict the use of any parking space to any person other than a tenant, occupant or user of the building for which the space is required. B. Eligibility: A parking space may be leased in accordance with the following: 1. Zone Districts: Any person who owns or manages private parking spaces located the following zone districts may lease parking spaces in accordance with this Section: Commercial Core 1; Commercial Core 2; Commercial Core 3; High Density Multiple -Family; Vail Village Townhouse; Public Accommodation; Public Accommodation 2; General Use; Commercial 1 9/12/2018 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES.DOCX Service Center; Arterial Business; Ski Base Recreation; Ski Base Recreation 2; Lionshead Mixed Use 1; Lionshead Mixed Use 2; and any Special Development District in which one of the foregoing zone districts is the underlying zone district. 2. Prohibited Areas: The leasing of parking spaces is prohibited in any area where vehicle access to said parking spaces is over or through an established pedestrian mall. 3. Common Areas: The leasing of parking spaces on commonly owned property, including without limitation common areas within a common interest community, requires the written approval of the applicable homeowners or condominium association, a copy of which shall be provided to the Town prior to leasing any parking spaces. 4. Duration: Leasing is permitted for short term parking only, and long-term storage of vehicles is prohibited. 5. Rental Agencies: Vehicle rental agencies may lease parking spaces only in the Commercial Core 3 zone district, with a maximum of one lease and a maximum of fifteen (15) parking spaces per site. C. Required Parking: Parking required by this Title for any use may not be satisfied by the leasing of parking spaces under this Section. D. Signage: Any person leasing parking spaces under this Section shall post adequate signage on the premises to ensure that the leased parking spaces are used and occupied in accordance with the applicable lease agreement. At least one (1) on-site sign shall include the name and telephone number of the person to contact concerning parking disputes. 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 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 3. 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This 2 9/12/2018 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES.DOCX 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 18th day of September, 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor 9/12/2018 S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI181ORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of October, 2018. Witness my hand and seal this 3rd day of October, 2018. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 15 SERIES 2018 AN ORDINANCE AMENDING SECTION 12-10-17 OF THE VAIL TOWN CODE TO MODIFY THE REGULATIONS APPLICABLE TO THE SHORT-TERM LEASING OF PRIVATE PARKING SPACES WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance 34, Series of 1977, regulating the leasing of private parking spaces in the Town; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community parking needs and priorities; WHEREAS, amending the regulations will provide a benefit to visitors to Vail through additional parking options, while protecting the residential character of low- density residential neighborhoods; WHEREAS, the proposed amendments are supported by the Vail Town Council Action Plan 2018-2020 and the Vail Land Use Plan; WHEREAS, on August 27, 2018 the Planning and Environmental Commission held a properly -noticed public hearing on the proposed amendments and forwarded a recommendation of approval to the Vail Town Council; and WHEREAS, on September 18, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-10-17 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-10-17: LEASING OF PARKING SPACES: A. General: Except as expressly provided in this Section, no person shall lease, rent, convey or restrict the use of any parking space to any person other than a tenant, occupant or user of the building for which the space is required. B. Eligibility: A parking space may be leased in accordance with the following: 1. Zone Districts: Any person who owns or manages private parking spaces located the following zone districts may lease parking spaces in accordance with this Section: Commercial Core 1; Commercial Core 2; Commercial Core 3; High Density Multiple -Family; Vail Village Townhouse; Public Accommodation; Public Accommodation 2; General Use; Commercial 1 10/8/2018 C:IUSERSITNAGELIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIXJ2MV1 C7IORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES SECOND READING.DOCX Service Center; Arterial Business; Ski Base Recreation; Ski Base Recreation 2; Lionshead Mixed Use 1; Lionshead Mixed Use 2; Parking; any Special Development District in which one of the foregoing zone districts is the underlying zone district; and Special Development District with no underlying zone district, in compliance with any parking restrictions otherwise imposed by the Special Development District. 2. Prohibited Areas: The leasing of parking spaces is prohibited in any area where vehicle access to said parking spaces is over or through an established pedestrian mall. 3. Common Areas: The leasing of parking spaces on commonly owned property, including without limitation common areas within a common interest community, requires the written approval of the applicable homeowners or condominium association, a copy of which shall be provided to the Town prior to leasing any parking spaces. 4. Duration: Leasing is permitted for short term parking only, and long-term storage of vehicles is prohibited. 5. Rental Agencies: Vehicle rental agencies may lease parking spaces only in the Commercial Core 3 zone district, with a maximum of one lease and a maximum of fifteen (15) parking spaces per site. C. Required Parking: Parking required by this Title for any use may not be satisfied by the leasing of parking spaces under this Section. D. Signage: Any person leasing parking spaces under this Section shall post adequate signage on the premises to ensure that the leased parking spaces are used and occupied in accordance with the applicable lease agreement. At least one (1) on-site sign shall include the name and telephone number of the person to contact concerning parking disputes. E. Contact Information: Any person who accepts electronic reservations for the leasing of parking spaces pursuant to this Section shall include on the reservation page a contact name and telephone number in case of any problems with the leased parking spaces. 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 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 3. 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 2 10/8/2018 C: I USERSI TNAGEL IAPPDATAI LOCAL I MICROSOFTI WINDOWSIINETCACHEICONTENT. OUTLOOKI XJ2MV 1 C7IORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES SECOND READING.DOCX 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 4. 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 18th day of September, 2018 and a public hearing for second reading of this Ordinance is set for the 2nd day of October, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of October, 2018. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor 10/8/2018 C:IUSERSITNAGELIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIXJ2MV1 C7IORDINANCE NO. 15 SERIES OF 2018 LEASING OF PARKING SPACES SECOND READING.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 23rd day of August, 2018. Witness my hand and seal this 19th day of September, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 16 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS 7-8-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: GOLF CAR: A self-propelled vehicle with: a design speed of less than twenty (20) miles per hour; at least three (3) wheels in contact with the ground; an empty weight of not more than one thousand three hundred (1,300) pounds; and a carrying capacity of not more than four (4) persons. LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated by a licensed driver; is self-propelled utilizing electricity as its primary propulsion method; has at least three (3) wheels in contact with the ground; does not use handlebars to steer; exhibits the manufacturer's compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle identification number pursuant to 49 C.F.R. 565; and complies with 49 C.F.R. 571.500. 7-8-2: GOLF CARS: The Vail Golf Course and its employees may use and operate golf cars at the Vail Golf Course for loading and delivery operation and golf operations and maintenance. Persons playing golf at Vail Golf Course are permitted to use golf cars on the Vail Golf Course, but individual use of golf cars outside of Vail Golf Course operations is prohibited. Golf cars shall at all times yield to pedestrians, bicycles and motor vehicles. Ordinance No. 16, Series of 2018 7-8-3: LOW SPEED ELECTRIC VEHICLES: A. An LSEV shall only be used for the transportation of persons and their belongings on Town streets with speed limits not exceeding thirty-five (35) miles per hour. B. An LSEV may only be operated on Town streets if: 1. The operator holds a valid driver's license; 2. The LSEV is properly equipped and registered as provided by law; 3. The owner of the LSEV holds a complying insurance policy or certificate of self-insurance; 4. The LSEV is not carrying a greater number of passengers or load than that specified by the manufacturer; 5. The driver and passengers are all seated in seats designed and intended for such purpose; and 6. The driver and all passengers comply with the Model Traffic Code, this Code and other applicable law. 7-8-4: DESIGNATED AREAS: A. Golf cars: Other than their permitted uses on Vail Golf Course property, employees of Vail Golf Course may operate golf cars and travel on the following Town roadways related to Vail Golf Course operations: 1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail Valley Drive; 2. Vail Valley Drive from Sunburst Drive to the crossover from hole six (6) to hole seven (7); and 3. Golf cars may also cross Sunburst Drive between holes one (1) and two (2) and holes eight (8) and nine (9); B. LSEVs: A LSEV may be operated upon any public street in the Town where the posted speed limit is thirty-five (35) miles per hour or less. C. Ford Park: LSEVs and golf cars may travel on the paved paths immediately surrounding Ford Park and the Gerald Ford Amphitheater, including the two (2) paved parking lots, but may not travel Ordinance No. 16, Series of 2018 on any sidewalk bordering the South Frontage Road. The Town may limit the total number of golf cars or LSEVs allowed in Ford Park at any one time. 7-8-5. EXEMPTIONS: A. The Town recognizes that golf cars and LSEVs can be useful tools to assist the elderly and handicapped in certain situations, and grants the Chief of Police or designee the power to approve limited, controlled use of golf cars when specially requested in other areas of the Town. Such uses shall not include travel on any frontage road, Interstate 70 or Bighorn Road, and may not exceed a distance of one-quarter (1/4) mile from their point of origin when in operation. B. The Chief of Police or designee may also designate a section of Vail Valley Drive from Northwoods condominiums to the east end of the soccer field as open to approved golf car travel during special community events for associated travel. 7-8-6: PROHIBITIONS: cars: A. The following acts are prohibited in the operation of golf 1. Engaging in the transport of either passengers or goods, which are neither employees or patrons of Vail Golf Course nor property belonging to the same. 2. Picking up or dropping off employees along any public roadway. 3. Traveling on any dedicated recreation path or sidewalk not specifically indicated in this Chapter. 4. Traveling on any portion of roadway not specifically permitted by this Chapter. B. The following acts are prohibited in the operation of LSEVs: 1. Traveling on any dedicated recreation path or sidewalk not specifically permitted by this Chapter. 2. Traveling on any roadway not specifically permitted by this Chapter. 3. Operating a LSEV on a state highway in the Town, except that a LSEV may be operated to directly cross a state highway that has a speed limit greater than thirty-five (35) miles per hour at an Ordinance No. 16, Series of 2018 at -grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. C. It is unlawful for a person under the age of eighteen (18) to operate or ride in a golf car or LSEV on a public street without being secured by at least a two-point safety harness (seat belt), except for a person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety harness. 7-8-7: VIOLATION; PENALTY: A. It is unlawful to violate any provision of this Chapter. B. Violations of this Chapter shall be punished as provided in Section 7-1-6. 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 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 3. 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 4. 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 18th day of September, 2018 and a public hearing for second reading of this Ordinance is set for the 2nd day of October, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 16, Series of 2018 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of October, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 16, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of November, 2018. Witness my hand and seal this 7th day of November, 2018. c,.,%„,,,c\se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 16 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS 7-8-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: GOLF CAR: A self-propelled vehicle with: a design speed of less than twenty (20) miles per hour; at least three (3) wheels in contact with the ground; an empty weight of not more than one thousand three hundred (1,300) pounds; and a carrying capacity of not more than four (4) persons. LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated by a licensed driver; is self-propelled utilizing electricity as its primary propulsion method; has at least three (3) wheels in contact with the ground; does not use handlebars to steer; exhibits the manufacturer's compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle identification number pursuant to 49 C.F.R. 565; and complies with 49 C.F.R. 571.500. 7-8-2: GOLF CARS: The Vail Golf Course and its employees may use and operate golf cars at the Vail Golf Course for loading and delivery operation and golf operations and maintenance. Persons playing golf at Vail Golf Course are permitted to use golf cars on the Vail Golf Course, but individual use of golf cars outside of Vail Golf Course operations is prohibited. Golf cars shall at all times yield to pedestrians, bicycles and motor vehicles. 1 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX 7-8-3LOW SPEED ELECTRIC VEHICLES: A. An LSEV shall only be used on Town streets with speed limits not exceeding thirty-five (35) miles per hour. B. An LSEV may only be operated on Town streets if: 1. The operator holds a valid driver's license; 2. The LSEV is properly equipped and registered as provided by law; 3. The owner of the LSEV holds a complying insurance policy or certificate of self-insurance; 4. The LSEV is not carrying a greater number of passengers or load than that specified by the manufacturer; 5. The driver and all passengers are seated in seats designed and intended for such purpose, secured by at least a two-point safety harness, except for a person with a physically or psychologically disabling condition whose physical or psychological disability prevents appropriate restraint by a safety harness; and 6. The driver and all passengers comply with the Model Traffic Code, this Code and other applicable law. C. A commercial operator of an LSEV, as defined in Section 7- 10-2 of this Code, shall comply with Title 7, Chapter 10, Section 7 of this Code. 7-8-4DESIGNATED AREAS: A. Golf cars: Other than their permitted uses at the Vail Golf Course, employees of Vail Golf Course may operate golf cars for Vail Golf Course operations on the following Town streets: 1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail Valley Drive; 2. Vail Valley Drive from Sunburst Drive to the crossover from hole six (6) to hole seven (7); and 3. Golf cars may also cross Vail Valley Drive between holes one (1) and two (2) and holes eight (8) and nine (9). 2 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX B. LSEVs: An LSEV may be operated upon any public street in the Town where the posted speed limit is thirty-five (35) miles per hour or less, excluding any frontage road and Bighorn Road. C. Other areas: The Town recognizes that golf cars and LSEVs can be useful tools to assist the elderly and disabled in certain situations, and grants the Town the power to approve limited, controlled use of golf cars and LSEVs when specially requested in other areas of the Town, including without limitation Ford Park and the Gerald Ford Amphitheater. The Town may revoke such approvals at any time and for any reason. 7-8-5ROHIBITIONS: cars: A. The following acts are prohibited in the operation of golf 1. Transporting passengers who are not employees or patrons of the Vail Golf Course. 2. Transporting goods which are not related to the Vail Golf Course. 2. Picking up or dropping off passengers or goods outside of designated loading and unloading areas. 3. Operating a golf car on any recreation path or sidewalk not specifically permitted by this Chapter. 4. Operating a golf car on any portion of roadway not specifically permitted by this Chapter. B. The following acts are prohibited in the operation of LSEVs: 1. Operating a LSEV on any recreation path or sidewalk not specifically permitted by this Chapter. 2. Operating a LSEV on any roadway not specifically permitted by this Chapter. 3. Operating a LSEV on a state highway in the Town, except that a LSEV may be operated to directly cross a state highway that has a speed limit greater than thirty-five (35) miles per hour at an at -grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. 4. Operating a LSEV in the Lionshead Village Pedestrian Zone or the Vail Village Pedestrian Zone, unless expressly authorized by the Town as provided in this Chapter. 3 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX 5. Picking up or dropping off passengers or goods outside of designated loading and unloading areas. 7-8-6IOLATION; PENALTY: A. It is unlawful to violate any provision of this Chapter. B. Violations of this Chapter shall be punished as provided in Section 7-1-6. 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 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 3. 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 4. 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 September, 2018 and a public hearing for second reading of this Ordinance is set for the 6th day of November, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED This 6th day of November, 2018. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 11/1/2018 S:ITOWN COUNCIL AGENDA ITEMS11106181LSEV MEMO AND ORDIGOLF CARS AND LSEVS-0103118.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 17th day of October, 2018. Witness my hand and seal this 17th day of October, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 17 SERIES OF 2018 AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL TOWN CODE AND ADOPTING BY REFERENCE THE 2018 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 2017 EDITION OF THE NATIONAL ELECTRICAL CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; WITH AMENDMENTS THERETO. WHEREAS, the 2018 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 2017 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 2015 International Codes currently adopted by the Town of Vail lack the updates contained within in the 2018 International Codes that address modern construction means, methods, safety improvements, and code clarity; WHEREAS, the adoption and use of the 2017 edition of the National Electrical Code is required by the State of Colorado; WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the codes set forth in this ordinance; and WHEREAS, the Vail Town Council finds that the adoption of the codes set forth in this ordinance will promote the health, safety and general welfare of the public 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. 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 1 The following codes are hereby adopted by reference, as amended: A. Building Code - The International Building Code, 2018 edition, including Appendices B, E, G, J and K, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 B. Residential Code - Chapters 1 through 10 of The International Residential Code, 2018 edition, including Appendices F and J, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 C. Fire Code - The International Fire Code, 2018 edition, including Appendices A, B, C, D, E, G, H, I and J, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 D. Energy Code - The International Energy Conservation Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 E. Plumbing Code - The International Plumbing Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 F. Fuel Gas Code - The International Fuel Gas Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 G. Mechanical Code - The International Mechanical Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 H. Existing Building Code - The International Existing Building Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 I. Electrical Code - NFPA 70, The National Electrical Code, 2017 Edition, published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02269 J. Abatement Code - 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, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Building Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.4 Referenced codes: Section 101.4 is amended to read as follows: 2 "101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted." Section 105.2 Work exempt from permit: Section 105.2 is amended to read as follows: "Building: 2. Fences not over 6 feet high. Note: Fences required per Section 1510.8.4 and 3109 are not exempt from a permit. 14. Decks that are not over 30 inches above grade at any point and not part of a means of egress or an accessible route." Section 109.2 Schedule of permit fees: Section 109.2 is amended to read as follows: "109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the following Town of Vail Permit and Inspection Fee Schedule:" Total Valuation: Fees: $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2000. $2,001.00 to $25,000.00 $87.50 for the first $2000 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001.00 to $50,000.00 $409.50 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $662.00 for the first $50,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001.00 to $500,000.00 $1012.00 for the first $100,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001.00 to $1,000,000.00 $3612.00 for the first $500,000 plus $5.00 for each additional $1,000 or fraction thereof, to and including $1,000,000. $1,000,001 and above $6112.00 for the first $1,000,000 plus $4.00 for each additional $1,000 or fraction thereof. 3 Other related fees: • Building plan review fees 65% of Permit Fee • Plumbing and Mechanical plan review fees 25% of Permit Fee Electrical plan review fees 25% of Permit Fee Plan revision fees $75.00/hr., min. 2 hours Inspections outside of regular business hours $105.00/hr., min. 2 hours Re -inspection fees $105.00/inspection • Will -Call fee (added to every permit for will -call inspection services) $5.00 Plumbing and Mechanical permit fees shall be calculated utilizing the fee table above. • Any work commencing prior to issuance of a permit is subject to double -permit fees. • All electrical permit fees will be based on the current State of Colorado Electrical Fee Schedule, plus 15%. This includes TWO inspections. For ANY additional inspections, including re - inspections for corrections assessed by the inspector(s), an additional fee of $105.00 per inspection will be assessed. This fee shall be paid prior to any further inspections. Section 110.3.9 Other inspections: Section 110.3.9 is amended by the addition of the following text: "The Building Official shall also be authorized to make or require inspections of construction work as required by Titles 11 through 14 of the Town of Vail Municipal Code." Section 1505.1 General: Section 1505.1 is amended to read as follows: "1505.1 General. In accordance with Town of Vail Municipal Codes, all roof coverings shall be Class A roofing only. Wood shakes and shingles are not permitted except where exempted for replacement or repair as defined below. 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. Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one (1) replacement or repair of twenty five percent (25%) or less of the roof area. Replacement or repair in excess of twenty five percent (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. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 square feet shall not be subject to the twenty five percent (25%) rule. Exception: Metal and concrete roofing systems." 4 Table 1505.1 Minimum Roof Covering Classification for Types of Construction and all associated footnotes are deleted. Section 1505.3 Class B roof assemblies is deleted. Section 1505.4 Class C roof assemblies is deleted. Section 1505.5 Nonclassified roofing is deleted. Section 1505.6 Fire -retardant -treated wood shingles and shakes is deleted. Section 1505.7 Special purpose roofs is deleted. Section 1507.1.2 Ice barriers: Section 1507.1.2 is amended to read as follows: "1507.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other shingles. 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." Section 1510.8.6 Snow retention devices: Section 1510.8.6 is added, to read as follows: "1510.8.6 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/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined 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 1603.1.10 Boulder and rock walls: Section 1603.2 is added, to read as follows: "1603.1.10 Boulder and rock walls. Boulder or rock walls with a height of greater than 48 inches shall be designed by a registered design professional and shall comply with Section 1603.1." Section 1604.1.1 Hazard areas: Section 1604.1.1 is added, to read as follows: 5 "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 Town of Vail Municipal Code." Section 1608.1 General is deleted. Section 1608.2 Ground snow loads: Section 1608.2 is amended to read as follows: "1608.2 Ground and roof snow loads. The ground snow load for the Town of Vail is 142 pounds per square foot. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load. 2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs." Section 1809.5 Frost protection: Section 1809.5 is amended to read as follows: "1. Extending to no less than 48 inches below grade." Section 2111.1 General: Section 2111.1 is amended to read as follows: "2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this section and Title 5, Chapter 3 of the Town of Vail Municipal Code." Section 2902.2 Separate facilities: Section 2902.2 is amended to read as follows: "Exception 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." Exception 4 is deleted. Section 3107.1 General: 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 Town of Vail Municipal Codes." Section 3109 Swimming Pools: Section 3109 is amended to read as follows: "SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES 3109.1 General. Swimming pools shall comply with the requirements of Sections 3109.2 through 3109.5, other applicable sections of this code, and the Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5. 6 3109.2 Definition. The following term is defined in Chapter 2: SWIMMING POOLS. 3109.3 Public and semi-public swimming pools. Public and semi-public swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a fence not less than 60 inches (1524 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch- diameter (102 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates, with the latch a minimum of 54 inches (1372 mm) high. 3109.4 Private swimming pools. Private swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a barrier complying with Sections 3109.4.1 through 3109.4.3. Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346 need not comply with this section. 3109.4.1 Barrier height and clearances. The top of the barrier shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. 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). 3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4- inch-diameter (102 mm) sphere. 3109.4.1.2 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. 3109.4.1.3 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 fence. Spacing between vertical members shall be not greater than 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width. 3109.4.1.4 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 1 3/4 inches (44 mm) in width. 7 3109.4.1.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2 1/4 -inch square (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 1 3/4 inches (44 mm). 3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1 3/4 inches (44 mm). 3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and 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. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where 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 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that 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 deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F 1346. 3. Other means of protection, such as self-closing doors with self -latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above. 3109.4.1.9 Pool structure as barrier. Where an above -ground pool structure is used as a barrier or where 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 Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 -inch - diameter (102 mm) sphere. 8 3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8. 3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. 3109.5 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, 2018 Edition: Section R101.1 Title: Section 101.1 is amended to read as follows: "R101.1 Title. These provisions shall be known as the Residential Code of the Town of Vail, hereinafter referred to as 'this code-. Section R105.2 Work exempt from permit: Section R105.2 is amended to read as follows: "Building: 2. Fences not over 6 feet high. 10. Decks that are not over 30 inches above grade at any point and do not serve the exit door required by Section R311.4." Section R109.1.5 Other inspections: Section R109.1.5 is amended by the addition of the following text: "The Building Official shall also be authorized to make or require inspections of construction work as required by Chapter 17 of the International Building Code and by Titles 11 through 14 of the Town of Vail Municipal Code." Table R301.2(1) Climatic and Geographic Design Criteria: Table R301.2(1) is amended to read as follows: Climate Zone Ground Snow Load Wind Speed (mph) Topographic Effects Seismic Design Category Weathering Frost Line Termite Winter Design Temp Ice Barrier Underlayment Required Air Freezing Index 6B 142 115 B B Severe 48 Slight/Mod. -5 Yes 2500 Section R301.2.3 Snow loads: Section R301.2.3 is amended to read as follows: "R301.2.3 Ground and roof snow loads. The ground snow load for the Town of Vail is 142 pounds per square foot. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load. 9 2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs. All buildings and structures shall be designed in accordance with accepted engineering practice." Table R301.5 Maximum Uniformly Distributed Live Loads: Table R301.5 is amended by deleting "Balconies (exterior) and decks" and "Fire escapes" from the table and adding new footnote (i) to read as follows: "Note i. The minimum uniformly distributed live loads for exterior balconies and decks shall be 100 psf." Section R302.1 Exterior Walls: Section R302.1 is amended by adding the following text: "Exception 6: Projections, openings or penetrations in shared walls of two-family dwelling units with a lot line separating the units along the shared wall." Section R311.7.11 Alternating tread devices: Section 311.7.11 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 square feet (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 Ships ladders: Section R311.7.12 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 square feet (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 Townhouse automatic fire sprinkler systems: Section R313.1 is amended to read as follows: "Exception: An automatic residential fire sprinkler system may be required where additions and alterations are made to existing townhouses depending on scope and size of the project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements." Section R313.1.1 Design and installation: 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 and Vail Fire and Emergency Services fire sprinkler installation requirements." 10 Section R313.2 One- and two-family dwellings automatic fire sprinkler systems: Section R313.2 is amended to read as follows: "Exception: An automatic residential fire sprinkler system may be required where additions and alterations are made to existing buildings depending on scope and size of the project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements." Section R313.2.1 Design and installation: Section R313.2.1 is amended to read as follows: "R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation requirements." Section R315.2 Where required: 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 New construction: 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 Location: Section R315.3 is amended with 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 Carbon monoxide detection systems: 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 Locations: 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, as amended." Section R326.1 General: Section R326.1 is amended to read as follows: "R326.1 General. The design and construction of pools and spas shall comply with Section 3109 of the International Building Code, as amended." 11 Section R507.2.1 Wood materials: Section R507.2.1 is amended with 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 Roofing covering materials: Section R902.1 is amended to read as follows: "R902.1 Roofing covering materials. In accordance with Town of Vail Municipal Codes, all roof coverings shall be Class A roofing only. Class A roofing required by this section to be listed shall be tested in accordance with UL 790 and ASTM E108. Wood shakes and shingles are not permitted except where exempted for replacement or repair as defined below. 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. Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one (1) replacement or repair of twenty five percent (25%) or less of the roof area. Replacement or repair in excess of twenty five percent (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. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 square feet shall not be subject to the twenty five percent (25%) rule. Exception: Metal and concrete roofing systems." Section 902.2 Fire -retardant -treated wood shingles and shakes is deleted. Section R903.5 Snow retention devices: Section R903.5 is added, to read as follows: "903.5 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 and/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined 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 Ice barriers: Section R905.1.2 is amended to read as follows: "R905.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other 12 shingles. 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." Section R1001.1 General: 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 with Title 5 of the Town of Vail Municipal Code." CHAPTERS 11 THROUGH 43 ARE DELETED FROM THE INTERNATIONAL RESIDENTIAL CODE AND REPLACED WITH THE CORRESPONDING INTERNATIONAL CODES AND NATIONAL ELECTRICAL CODE. 10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE The following amendments are hereby made to The International Fire Code, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as 'this code-. Section 202 Definitions: The following definitions are amended to read as follows: "FALSE ALARM: See Title 4, Business and License Regulations, Town of Vail Municipal Code." "PORTABLE OUTDOOR FIREPLACE: A portable, outdoor, solid -fuel burning fireplace that may be constructed of steel, concrete, clay or other non- combustible material and equipped with a screen or other approved spark arrestor. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top." Section 202 Definitions: The following definition is added to read as follows: "TAMPERING: Any alteration, damage, misuse, deactivation or other similar action that renders any fire protection, fire detection or other life -safety system inoperable without the express written approval of Vail Fire and Emergency Services." Section 307.1.1 Prohibited open burning: Section 307.1.1 is amended to read as follows: 13 "307.1.1 Prohibited open burning. The following burning activities are unlawful in the Town of Vail: 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. 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 Extinguishment authority: 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 Vail Police Department." Section 307.4.1 Bonfires is deleted. Section 307.4.2 Recreational fires is deleted. Section 307.4.3 Portable outdoor fireplaces: 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 fifteen (15) feet from any structure or other combustible materials. 14 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 307.5 Attendance: Section 307.5 is amended to read as follows: "307.5 Attendance. Permitted open burning, including the use of portable outdoor fireplaces, shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 3A:60B:C rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization." Section 308.1.6.3 Sky lanterns: Section 308.3.6.3 is amended to read as follows: "308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited. Section 308.3.1 Open -flame decorative devices: Section 308.3.1 is amended with the addition of the following text: "11. Candles may only be used in constantly attended locations." Section 503.6 Security gates: 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 901.6 Inspection, testing and maintenance: Section 901.6 is amended to read as follows: "901.6 Inspection, testing and maintenance. Fire detection and alarm systems, emergency alarm systems, gas -detection systems, fire -extinguishing systems, mechanical smoke exhaust systems and smoke and heat vents shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Existing systems, including signaling and notification devices that are no longer listed by UL or supported by the manufacturer shall be replaced per current NFPA and Vail Fire and Emergency Services standards. 15 Non -required fire protection systems and equipment shall be inspected, tested and maintained or removed." Section 903.2.10 Group S-2 enclosed parking garages: The Exception listed under Section 903.2.10 is deleted. Section 903.3.1.3 NFPA 13D sprinkler systems: Section 903.3.1.3 is amended to read as follows: "903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that are installed 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 Sprinkler system supervision and alarms: All Exceptions listed under Section 903.4 are deleted. Section 907.2 Where required — new buildings and structures: Section 907.2 is amended to read as follows: "907.2 Where required — new buildings, structures, one- and two-family dwellings and townhouses. An approved fire alarm system installed in accordance with the provisions of this code, NFPA 72 and Vail Fire and Emergency Services installation standards shall be provided in new buildings, structures, one- and two-family dwellings and townhouses in accordance with Sections 907.2.1 through 907.2.23 and provide 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 shall be provided 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. 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 907.2.10.2 Groups R-2, R-3, R-4 and 1-2: Section 907.2.10.2 is amended to read as follows: 16 "907.2.10.2 Groups R-2, R-3, R-4, 1-2, and all residential properties that are available for rent or lease. Single or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, 1-2, and all residential properties that are available for rent or lease, regardless of occupant Toad, at 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 dwellings or 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 Protection of fire alarm control unit: The following Exception is added to Section 907.4.1: "2. In residential installations where the control panel is located in a closet or room with no mechanical equipment." Section 907.6.3 Initiating device identification: Exceptions 1, 2 and 4 are deleted from the section and a new Exception is added as follows: "2. Fire alarm systems in one- and two family dwellings and townhouses." Section 907.6.6 Monitoring: All Exceptions are deleted from this section. Section 915.1.1 Where required: Section 915.1.1 is amended to read as follows: "915.1.1 Where required. Carbon monoxide detection shall be provided in Group 1-1, 1-2, 1-4, R, one- and two family dwellings and townhouse occupancies, and in classrooms in E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist." Section 1103.8 Single- and multiple -station smoke alarms: 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 1-1, R, one- and two-family dwellings and townhouse occupancies in accordance with Sections 1103.8.1 through 1103.8.3." Section 1103.8.1 Where required: Exception 2 in this section is deleted. Appendix B — Fire -flow Requirements For Buildings: The following statement is added to Appendix B: "The maximum flow reduction for sprinklered buildings shall not be greater than 50%." 17 Appendix D - Fire Apparatus Access Roads: The following statement is added to Appendix D: "This appendix is for reference only but may be used to assist in performance based design. Refer to Title 14, Development Standards, Town of Vail Municipal Code." 10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE The following amendments are hereby made to The International Energy Conservation Code, 2018 Edition: Section C101.1 Title: Section C101.1 is amended to read as follows: "C101.1 Title. These regulations shall be known as the Commercial Energy Code of the Town of Vail, hereinafter referred to as 'this code-. Table C402.1.3 Opaque Thermal Envelope Insulation Component Minimum Requirements, R -Value Method: Table C402.1.3 is amended by adding the following note: "Note j.: Wood framed and other may use R-21 within wall cavities in lieu of continuous insulation." Section C403.3.2.3 Efficiency rating (mandatory): Section C403.3.2.3 is added to read as follows: "C403.3.2.3 Efficiency rating (mandatory). All heating equipment shall have a minimum efficiency rating of 92% AFUE. Exception: This requirement does not apply to the addition, alteration or repair of an existing building." Section R101.1 Title: Section R101.1 is amended to read as follows: "R101.1 Title. These regulations shall be known as the Residential Energy Code of the Town of Vail, hereinafter referred to as 'this code-. Table R402.1.2 Insulation and Fenestration Requirements by Component: Table R402.1.2 is amended by the addition of the following note: "Note j.: Wood frame R -value may use R-21 within wall cavities in lieu of continuous insulation." Section R403.7.1 Efficiency rating (mandatory): Section R403.7.1 is added to read as follows: "R403.7.1 Efficiency rating (mandatory). All heating equipment shall have a minimum efficiency rating of 92% AFUE. 18 Exception: This requirement does not apply to the addition, alteration or repair of an existing building." Section R403.13 Fire pits: Section R403.13 is added to read as follows: "R403.13 Fire pits. Fire pits and outdoor fireplaces serving residential units require automatic shut-off controls with a maximum 60 -minute timer." 10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE The Town of Vail hereby adopts, by reference, all amendments to the International Plumbing Code, 2018 Edition, as adopted by the State of Colorado and referred to as the "Colorado Plumbing Code", as well as the following amendment: Section 903.1 Roof extension: Section 903.1 is amended to read as follows: "903.1 Roof extensions. Open vent pipes that extend through a roof shall be a minimum of 3 inches (76 mm) in diameter and shall be terminated not less than 16 inches (406 mm) above the roof. Note: Where a roof is to be used for any purpose other than weather protection, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof." 10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE The Town of Vail hereby adopts, by reference, all amendments to the International Fuel Gas Code, 2018 Edition, as adopted by the State of Colorado and referred to as the "Colorado Fuel Gas Code". 10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE The following amendments are hereby made to The International Mechanical Code, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Mechanical Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.2 Scope: Section 101.2 is amended by the deletion of the Exception. Section 103 Department of Mechanical Inspection: Section 103 is deleted and replaced with Section 103 of the International Building Code, as adopted. Section 104 Duties and Powers of the Code Official and Section 105 Approval: Sections 104 and 105 are deleted and replaced with Section 104 of the International Building Code, as adopted. 19 Section 106.5.2 Fee schedule: Section 106.5.2 is deleted and replaced with Section 109.2 of the International Building Code, as amended and adopted. Section 701.3 Combustion air ducts: Section 701.3 is added, to read as follows: "701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches above finished grade." Section 804.3.4 Horizontal terminations: Section 804.3.4 is amended to read as follows: "6. The bottom of the vent termination shall be located not less than 36 inches above finished grade." 10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Existing Building Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.4.2 Buildings previously occupied: 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 International Fire Code, or as deemed necessary by the code official for the general safety and welfare of the occupants and the public." 10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70 The Town of Vail hereby adopts, by reference, all amendments to the National Electrical Code, NFPA 70, 2017 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 General: Section 301 is amended to reads 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 Building Code. 20 BUILDING CODE is the International Building Code, as adopted and amended by the Town of Vail. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code." 10-1-12: COPIES OF CODES AVAILABLE Copies of all codes adopted by this Chapter and all amendments thereto shall be available for inspection at the Office of the Town Clerk during regular business hours and are available to be viewed online at www.iccsafe.org and www.vailgov.com. 10-1-13: PENALTIES A. A person, company, corporation or other entity who violates any provision of the Codes adopted by this Chapter; or fails to comply with any order made thereunder; or who builds in violation of any detailed statements, specifications or plans submitted and approved thereunder; or any certificate or permit issued thereunder; shall be subject to the penalties provided in Title 1, Chapter 4, Section 1 of this Code. Each day the violation continues shall constitute a separate offense. B. The Town of Vail may maintain an action for damages, declatory 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 Building Permit Applications received by the Town of Vail's Community Development Department on or after January 1, 2019. 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 21 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 16th day of October, 2018 and a public hearing and second reading of this Ordinance set for the 6th day of November, 2018 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2018. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 22 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of November, 2018. Witness my hand and seal this 7th day of November, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 17 SERIES OF 2018 AN ORDINANCE REPEALING AND REENACTING TITLE 10, CHAPTER 1 OF THE VAIL TOWN CODE AND ADOPTING BY REFERENCE THE 2018 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 2017 EDITION OF THE NATIONAL ELECTRICAL CODE; AND THE 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; WITH AMENDMENTS THERETO. WHEREAS, the 2018 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 2017 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 2015 International Codes currently adopted by the Town of Vail lack the updates contained within in the 2018 International Codes that address modern construction means, methods, safety improvements, and code clarity; WHEREAS, the adoption and use of the 2017 edition of the National Electrical Code is required by the State of Colorado; WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the codes set forth in this ordinance; and WHEREAS, the Vail Town Council finds that the adoption of the codes set forth in this ordinance will promote the health, safety and general welfare of the public 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. 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 1 The following codes are hereby adopted by reference, as amended: A. Building Code - The International Building Code, 2018 edition, including Appendices B, E, G, J and K, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 B. Residential Code - Chapters 1 through 10 of The International Residential Code, 2018 edition, including Appendices F and J, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 C. Fire Code - The International Fire Code, 2018 edition, including Appendices A, B, C, D, E, G, H, I and J, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 D. Energy Code - The International Energy Conservation Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 E. Plumbing Code - The International Plumbing Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 F. Fuel Gas Code - The International Fuel Gas Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 G. Mechanical Code - The International Mechanical Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478- 5975 H. Existing Building Code - The International Existing Building Code, 2018 edition, published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478-5975 I. Electrical Code - NFPA 70, The National Electrical Code, 2017 Edition, published by the National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02269 J. Abatement Code - 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, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Building Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.4 Referenced codes: Section 101.4 is amended to read as follows: 2 "101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered a part of this code unless specifically adopted." Section 105.2 Work exempt from permit: Section 105.2 is amended to read as follows: "Building: 2. Fences not over 6 feet high. Note: Fences required per Section 1510.8.4 and 3109 are not exempt from a permit. 14. Decks that are not over 30 inches above grade at any point and not part of a means of egress or an accessible route." Section 109.2 Schedule of permit fees: Section 109.2 is amended to read as follows: "109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the following Town of Vail Permit and Inspection Fee Schedule:" Total Valuation: Fees: $1.00 to $500.00 $50.00 $501.00 to $2,000.00 $50.00 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2000. $2,001.00 to $25,000.00 $87.50 for the first $2000 plus $14.00 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001.00 to $50,000.00 $409.50 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000. $50,001.00 to $100,000.00 $662.00 for the first $50,000 plus $7.00 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001.00 to $500,000.00 $1012.00 for the first $100,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001.00 to $1,000,000.00 $3612.00 for the first $500,000 plus $5.00 for each additional $1,000 or fraction thereof, to and including $1,000,000. $1,000,001 and above $6112.00 for the first $1,000,000 plus $4.00 for each additional $1,000 or fraction thereof. 3 Other related fees: • Building plan review fees 65% of Permit Fee • Plumbing and Mechanical plan review fees 25% of Permit Fee Electrical plan review fees 25% of Permit Fee Plan revision fees $75.00/hr., min. 2 hours Inspections outside of regular business hours $105.00/hr., min. 2 hours Re -inspection fees $105.00/inspection • Will -Call fee (added to every permit for will -call inspection services) $5.00 Plumbing and Mechanical permit fees shall be calculated utilizing the fee table above. • Any work commencing prior to issuance of a permit is subject to double -permit fees. • All electrical permit fees will be based on the current State of Colorado Electrical Fee Schedule, plus 15%. This includes TWO inspections. For ANY additional inspections, including re - inspections for corrections assessed by the inspector(s), an additional fee of $105.00 per inspection will be assessed. This fee shall be paid prior to any further inspections. Section 110.3.9 Other inspections: Section 110.3.9 is amended by the addition of the following text: "The Building Official shall also be authorized to make or require inspections of construction work as required by Titles 11 through 14 of the Town of Vail Municipal Code." Section 1505.1 General: Section 1505.1 is amended to read as follows: "1505.1 General. In accordance with Town of Vail Municipal Codes, all roof coverings shall be Class A roofing only. Wood shakes and shingles are not permitted except where exempted for replacement or repair as defined below. 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. Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one (1) replacement or repair of twenty five percent (25%) or less of the roof area. Replacement or repair in excess of twenty five percent (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. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 square feet shall not be subject to the twenty five percent (25%) rule. Exception: Metal and concrete roofing systems." 4 Table 1505.1 Minimum Roof Covering Classification for Types of Construction and all associated footnotes are deleted. Section 1505.3 Class B roof assemblies is deleted. Section 1505.4 Class C roof assemblies is deleted. Section 1505.5 Nonclassified roofing is deleted. Section 1505.6 Fire -retardant -treated wood shingles and shakes is deleted. Section 1505.7 Special purpose roofs is deleted. Section 1507.1.2 Ice barriers: Section 1507.1.2 is amended to read as follows: "1507.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other shingles. 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." Section 1510.8.6 Snow retention devices: Section 1510.8.6 is added, to read as follows: "1510.8.6 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/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined 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 1603.1.10 Boulder and rock walls: Section 1603.2 is added, to read as follows: "1603.1.10 Boulder and rock walls. Boulder or rock walls with a height of greater than 48 inches shall be designed by a registered design professional and shall comply with Section 1603.1." Section 1604.1.1 Hazard areas: Section 1604.1.1 is added, to read as follows: 5 "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 Town of Vail Municipal Code." Section 1608.1 General is deleted. Section 1608.2 Ground snow loads: Section 1608.2 is amended to read as follows: "1608.2 Ground and roof snow loads. The ground snow load for the Town of Vail is 142 pounds per square foot. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load. 2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs." Section 1809.5 Frost protection: Section 1809.5 is amended to read as follows: "1. Extending to no less than 48 inches below grade." Section 2111.1 General: Section 2111.1 is amended to read as follows: "2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this section and Title 5, Chapter 3 of the Town of Vail Municipal Code." Section 2902.2 Separate facilities: Section 2902.2 is amended to read as follows: "Exception 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." Exception 4 is deleted. Section 3107.1 General: 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 Town of Vail Municipal Codes." Section 3109 Swimming Pools: Section 3109 is amended to read as follows: "SECTION 3109 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES 3109.1 General. Swimming pools shall comply with the requirements of Sections 3109.2 through 3109.5, other applicable sections of this code, and the Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5. 6 3109.2 Definition. The following term is defined in Chapter 2: SWIMMING POOLS. 3109.3 Public and semi-public swimming pools. Public and semi-public swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a fence not less than 60 inches (1524 mm) in height or a screen enclosure. Openings in the fence shall not permit the passage of a 4-inch- diameter (102 mm) sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates, with the latch a minimum of 54 inches (1372 mm) high. 3109.4 Private swimming pools. Private swimming pools as defined by Colorado Department of Public Health and Environment Water Quality Control Division standard 5 CCR 1003-5 shall be completely enclosed by a barrier complying with Sections 3109.4.1 through 3109.4.3. Exception: A swimming pool with a power safety cover or a spa with a safety cover complying with ASTM F 1346 need not comply with this section. 3109.4.1 Barrier height and clearances. The top of the barrier shall be not less than 48 inches (1219 mm) above grade measured on the side of the barrier that faces away from the swimming pool. 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). 3109.4.1.1 Openings. Openings in the barrier shall not allow passage of a 4- inch-diameter (102 mm) sphere. 3109.4.1.2 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. 3109.4.1.3 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 fence. Spacing between vertical members shall be not greater than 1 3/4 inches (44 mm) in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall be not greater than 1 3/4 inches (44 mm) in width. 3109.4.1.4 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 1 3/4 inches (44 mm) in width. 7 3109.4.1.5 Chain link dimensions. Mesh size for chain link fences shall be not greater than a 2 1/4 -inch square (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 1 3/4 inches (44 mm). 3109.4.1.6 Diagonal members. Where the barrier is composed of diagonal members, the opening formed by the diagonal members shall be not greater than 1 3/4 inches (44 mm). 3109.4.1.7 Gates. Access doors or gates shall comply with the requirements of Sections 3109.4.1.1 through 3109.4.1.6 and 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. Release mechanisms shall be in accordance with Sections 1010.1.9 and 1109.13. Where 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 1/2 inch (12.7 mm) within 18 inches (457 mm) of the release mechanism. 3109.4.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. Doors with direct access to the pool through that 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 deactivation switch shall be located 54 inches (1372 mm) or more above the threshold of the door. In dwellings required to be Accessible units, Type A units or Type B units, the deactivation switch shall be located not higher than 54 inches (1372 mm) and not less than 48 inches (1219 mm) above the threshold of the door. 2. The pool shall be equipped with a power safety cover that complies with ASTM F 1346. 3. Other means of protection, such as self-closing doors with self -latching devices, which are approved, shall be accepted so long as the degree of protection afforded is not less than the protection afforded by Item 1 or 2 above. 3109.4.1.9 Pool structure as barrier. Where an above -ground pool structure is used as a barrier or where 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 Sections 3109.4.1.1 through 3109.4.1.8. Where the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4 -inch - diameter (102 mm) sphere. 8 3109.4.2 Indoor swimming pools. Walls surrounding indoor swimming pools shall not be required to comply with Section 3109.4.1.8. 3109.4.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. 3109.5 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, 2018 Edition: Section R101.1 Title: Section 101.1 is amended to read as follows: "R101.1 Title. These provisions shall be known as the Residential Code of the Town of Vail, hereinafter referred to as 'this code-. Section R105.2 Work exempt from permit: Section R105.2 is amended to read as follows: "Building: 2. Fences not over 6 feet high. 10. Decks that are not over 30 inches above grade at any point and do not serve the exit door required by Section R311.4." Section R109.1.5 Other inspections: Section R109.1.5 is amended by the addition of the following text: "The Building Official shall also be authorized to make or require inspections of construction work as required by Chapter 17 of the International Building Code and by Titles 11 through 14 of the Town of Vail Municipal Code." Table R301.2(1) Climatic and Geographic Design Criteria: Table R301.2(1) is amended to read as follows: Climate Zone Ground Snow Load Wind Speed (mph) Topographic Effects Seismic Design Category Weathering Frost Line Termite Winter Design Temp Ice Barrier Underlayment Required Air Freezing Index 6B 142 115 B B Severe 48 Slight/Mod. -5 Yes 2500 Section R301.2.3 Snow loads: Section R301.2.3 is amended to read as follows: "R301.2.3 Ground and roof snow loads. The ground snow load for the Town of Vail is 142 pounds per square foot. Designs for roof snow loads shall be as follows: 1. Roof pitches of less than 4:12 shall be designed to carry a 100 pound per square foot snow load. 9 2. Roof pitches of 4:12 and greater shall be designed to carry an 80 pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase surcharge loading due to snow drifting or type of roof covering. Snow loads for decks and exterior balconies shall be as required for roofs. All buildings and structures shall be designed in accordance with accepted engineering practice." Table R301.5 Maximum Uniformly Distributed Live Loads: Table R301.5 is amended by deleting "Balconies (exterior) and decks" and "Fire escapes" from the table and adding new footnote (i) to read as follows: "Note i. The minimum uniformly distributed live loads for exterior balconies and decks shall be 100 psf." Section R302.1 Exterior Walls: Section R302.1 is amended by adding the following text: "Exception 6: Projections, openings or penetrations in shared walls of two-family dwelling units with a lot line separating the units along the shared wall." Section R311.7.11 Alternating tread devices: Section 311.7.11 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 square feet (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 Ships ladders: Section R311.7.12 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 square feet (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 Townhouse automatic fire sprinkler systems: Section R313.1 is amended to read as follows: "Exception: An automatic residential fire sprinkler system may be required where additions and alterations are made to existing townhouses depending on scope and size of the project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements." Section R313.1.1 Design and installation: 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 and Vail Fire and Emergency Services fire sprinkler installation requirements." 10 Section R313.2 One- and two-family dwellings automatic fire sprinkler systems: Section R313.2 is amended to read as follows: "Exception: An automatic residential fire sprinkler system may be required where additions and alterations are made to existing buildings depending on scope and size of the project in accordance with Vail Fire and Emergency Services fire sprinkler installation requirements." Section R313.2.1 Design and installation: Section R313.2.1 is amended to read as follows: "R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with NFPA 13D and Vail Fire and Emergency Services fire sprinkler installation requirements." Section R315.2 Where required: 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 New construction: 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 Location: Section R315.3 is amended with 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 Carbon monoxide detection systems: 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 Locations: 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, as amended." Section R326.1 General: Section R326.1 is amended to read as follows: "R326.1 General. The design and construction of pools and spas shall comply with Section 3109 of the International Building Code, as amended." 11 Section R507.2.1 Wood materials: Section R507.2.1 is amended with 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 Roofing covering materials: Section R902.1 is amended to read as follows: "R902.1 Roofing covering materials. In accordance with Town of Vail Municipal Codes, all roof coverings shall be Class A roofing only. Class A roofing required by this section to be listed shall be tested in accordance with UL 790 and ASTM E108. Wood shakes and shingles are not permitted except where exempted for replacement or repair as defined below. 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. Replacement or Repair: Each structure with a nonconforming roof covering or roof assembly shall be allowed one (1) replacement or repair of twenty five percent (25%) or less of the roof area. Replacement or repair in excess of twenty five percent (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. For purposes of this section, a two-family dwelling shall be considered two separate structures. Emergency repairs of less than 10 square feet shall not be subject to the twenty five percent (25%) rule. Exception: Metal and concrete roofing systems." Section 902.2 Fire -retardant -treated wood shingles and shakes is deleted. Section R903.5 Snow retention devices: Section R903.5 is added, to read as follows: "903.5 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 and/or adjacent properties. The design of snow retention devices shall be provided by a registered design professional or as determined 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 Ice barriers: Section R905.1.2 is amended to read as follows: "R905.1.2 Ice barriers. Ice barriers shall be installed for asphalt shingles, metal roof panels and shingles, mineral -surfaced roll roofing, slate, slate -type and other 12 shingles. 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." Section R1001.1 General: 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 with Title 5 of the Town of Vail Municipal Code." CHAPTERS 11 THROUGH 43 ARE DELETED FROM THE INTERNATIONAL RESIDENTIAL CODE AND REPLACED WITH THE CORRESPONDING INTERNATIONAL CODES AND NATIONAL ELECTRICAL CODE. 10-1-4: AMENDMENTS TO THE INTERNATIONAL FIRE CODE The following amendments are hereby made to The International Fire Code, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as 'this code-. Section 202 Definitions: The following definitions are amended to read as follows: "FALSE ALARM: See Title 4, Business and License Regulations, Town of Vail Municipal Code." "PORTABLE OUTDOOR FIREPLACE: A portable, outdoor, solid -fuel burning fireplace that may be constructed of steel, concrete, clay or other non- combustible material and equipped with a screen or other approved spark arrestor. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top." Section 202 Definitions: The following definition is added to read as follows: "TAMPERING: Any alteration, damage, misuse, deactivation or other similar action that renders any fire protection, fire detection or other life -safety system inoperable without the express written approval of Vail Fire and Emergency Services." Section 307.1.1 Prohibited open burning: Section 307.1.1 is amended to read as follows: 13 "307.1.1 Prohibited open burning. The following burning activities are unlawful in the Town of Vail: 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. 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 Extinguishment authority: 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 Vail Police Department." Section 307.4.1 Bonfires is deleted. Section 307.4.2 Recreational fires is deleted. Section 307.4.3 Portable outdoor fireplaces: 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 fifteen (15) feet from any structure or other combustible materials. 14 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 307.5 Attendance: Section 307.5 is amended to read as follows: "307.5 Attendance. Permitted open burning, including the use of portable outdoor fireplaces, shall be constantly attended until the fire is extinguished. Not fewer than one portable fire extinguisher complying with Section 906 with a minimum 3A:60B:C rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization." Section 308.1.6.3 Sky lanterns: Section 308.3.6.3 is amended to read as follows: "308.1.6.3 Sky lanterns. The use of sky lanterns is prohibited. Section 308.3.1 Open -flame decorative devices: Section 308.3.1 is amended with the addition of the following text: "11. Candles may only be used in constantly attended locations." Section 503.6 Security gates: 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 901.6 Inspection, testing and maintenance: Section 901.6 is amended to read as follows: "901.6 Inspection, testing and maintenance. Fire detection and alarm systems, emergency alarm systems, gas -detection systems, fire -extinguishing systems, mechanical smoke exhaust systems and smoke and heat vents shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Existing systems, including signaling and notification devices that are no longer listed by UL or supported by the manufacturer shall be replaced per current NFPA and Vail Fire and Emergency Services standards. 15 Non -required fire protection systems and equipment shall be inspected, tested and maintained or removed." Section 903.2.10 Group S-2 enclosed parking garages: The Exception listed under Section 903.2.10 is deleted. Section 903.3.1.3 NFPA 13D sprinkler systems: Section 903.3.1.3 is amended to read as follows: "903.3.1.3 NFPA 13D sprinkler systems. Automatic sprinkler systems that are installed 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 Sprinkler system supervision and alarms: All Exceptions listed under Section 903.4 are deleted. Section 907.2 Where required — new buildings and structures: Section 907.2 is amended to read as follows: "907.2 Where required — new buildings, structures, one- and two-family dwellings and townhouses. An approved fire alarm system installed in accordance with the provisions of this code, NFPA 72 and Vail Fire and Emergency Services installation standards shall be provided in new buildings, structures, one- and two-family dwellings and townhouses in accordance with Sections 907.2.1 through 907.2.23 and provide 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 shall be provided 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. 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 907.2.10.2 Groups R-2, R-3, R-4 and 1-2: Section 907.2.10.2 is amended to read as follows: 16 "907.2.10.2 Groups R-2, R-3, R-4, 1-2, and all residential properties that are available for rent or lease. Single or multiple -station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4, 1-2, and all residential properties that are available for rent or lease, regardless of occupant Toad, at 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 dwellings or 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 Protection of fire alarm control unit: The following Exception is added to Section 907.4.1: "2. In residential installations where the control panel is located in a closet or room with no mechanical equipment." Section 907.6.3 Initiating device identification: Exceptions 1, 2 and 4 are deleted from the section and a new Exception is added as follows: "2. Fire alarm systems in one- and two family dwellings and townhouses." Section 907.6.6 Monitoring: All Exceptions are deleted from this section. Section 915.1.1 Where required: Section 915.1.1 is amended to read as follows: "915.1.1 Where required. Carbon monoxide detection shall be provided in Group 1-1, 1-2, 1-4, R, one- and two family dwellings and townhouse occupancies, and in classrooms in E occupancies in the locations specified in Section 915.2 where any of the conditions in Sections 915.1.2 through 915.1.6 exist." Section 1103.8 Single- and multiple -station smoke alarms: 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 1-1, R, one- and two-family dwellings and townhouse occupancies in accordance with Sections 1103.8.1 through 1103.8.3." Section 1103.8.1 Where required: Exception 2 in this section is deleted. Appendix B — Fire -flow Requirements For Buildings: The following statement is added to Appendix B: "The maximum flow reduction for sprinklered buildings shall not be greater than 50%." 17 Appendix D - Fire Apparatus Access Roads: The following statement is added to Appendix D: "This appendix is for reference only but may be used to assist in performance based design. Refer to Title 14, Development Standards, Town of Vail Municipal Code." 10-1-5: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE The following amendments are hereby made to The International Energy Conservation Code, 2018 Edition: Section C101.1 Title: Section C101.1 is amended to read as follows: "C101.1 Title. These regulations shall be known as the Commercial Energy Code of the Town of Vail, hereinafter referred to as 'this code-. Table C402.1.3 Opaque Thermal Envelope Insulation Component Minimum Requirements, R -Value Method: Table C402.1.3 is amended by adding the following note: "Note j.: Wood framed and other may use R-21 within wall cavities in lieu of continuous insulation." Section C403.3.2.3 Efficiency rating (mandatory): Section C403.3.2.3 is added to read as follows: "C403.3.2.3 Efficiency rating (mandatory). All heating equipment shall have a minimum efficiency rating of 92% AFUE. Exception: This requirement does not apply to the addition, alteration or repair of an existing building." Section R101.1 Title: Section R101.1 is amended to read as follows: "R101.1 Title. These regulations shall be known as the Residential Energy Code of the Town of Vail, hereinafter referred to as 'this code-. Table R402.1.2 Insulation and Fenestration Requirements by Component: Table R402.1.2 is amended by the addition of the following note: "Note j.: Wood frame R -value may use R-21 within wall cavities in lieu of continuous insulation." Section R403.7.1 Efficiency rating (mandatory): Section R403.7.1 is added to read as follows: "R403.7.1 Efficiency rating (mandatory). All heating equipment shall have a minimum efficiency rating of 92% AFUE. 18 Exception: This requirement does not apply to the addition, alteration or repair of an existing building." Section R403.13 Fire pits: Section R403.13 is added to read as follows: "R403.13 Fire pits. Fire pits and outdoor fireplaces serving residential units require automatic shut-off controls with a maximum 60 -minute timer." 10-1-6: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE The Town of Vail hereby adopts, by reference, all amendments to the International Plumbing Code, 2018 Edition, as adopted by the State of Colorado and referred to as the "Colorado Plumbing Code", as well as the following amendment: Section 903.1 Roof extension: Section 903.1 is amended to read as follows: "903.1 Roof extensions. Open vent pipes that extend through a roof shall be a minimum of 3 inches (76 mm) in diameter and shall be terminated not less than 16 inches (406 mm) above the roof. Note: Where a roof is to be used for any purpose other than weather protection, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof." 10-1-7: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE The Town of Vail hereby adopts, by reference, all amendments to the International Fuel Gas Code, 2018 Edition, as adopted by the State of Colorado and referred to as the "Colorado Fuel Gas Code". 10-1-8: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE The following amendments are hereby made to The International Mechanical Code, 2018 Edition: Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Mechanical Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.2 Scope: Section 101.2 is amended by the deletion of the Exception. Section 103 Department of Mechanical Inspection: Section 103 is deleted and replaced with Section 103 of the International Building Code, as adopted. Section 104 Duties and Powers of the Code Official and Section 105 Approval: Sections 104 and 105 are deleted and replaced with Section 104 of the International Building Code, as adopted. 19 Section 106.5.2 Fee schedule: Section 106.5.2 is deleted and replaced with Section 109.2 of the International Building Code, as amended and adopted. Section 701.3 Combustion air ducts: Section 701.3 is added, to read as follows: "701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches above finished grade." Section 804.3.4 Horizontal terminations: Section 804.3.4 is amended to read as follows: "6. The bottom of the vent termination shall be located not less than 36 inches above finished grade." 10-1-9: AMENDMENTS TO THE INTERNATIONAL EXISTING BUILDING CODE Section 101.1 Title: Section 101.1 is amended to read as follows: "101.1 Title. These regulations shall be known as the Existing Building Code of the Town of Vail, hereinafter referred to as 'this code-. Section 101.4.2 Buildings previously occupied: 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 International Fire Code, or as deemed necessary by the code official for the general safety and welfare of the occupants and the public." 10-1-10: AMENDMENTS TO THE NATIONAL ELECTRICAL CODE, NFPA 70 The Town of Vail hereby adopts, by reference, all amendments to the National Electrical Code, NFPA 70, 2017 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 General: Section 301 is amended to reads 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 Building Code. 20 BUILDING CODE is the International Building Code, as adopted and amended by the Town of Vail. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code." 10-1-12: COPIES OF CODES AVAILABLE Copies of all codes adopted by this Chapter and all amendments thereto shall be available for inspection at the Office of the Town Clerk during regular business hours and are available to be viewed online at www.iccsafe.org and www.vailgov.com. 10-1-13: PENALTIES A. A person, company, corporation or other entity who violates any provision of the Codes adopted by this Chapter; or fails to comply with any order made thereunder; or who builds in violation of any detailed statements, specifications or plans submitted and approved thereunder; or any certificate or permit issued thereunder; shall be subject to the penalties provided in Title 1, Chapter 4, Section 1 of this Code. Each day the violation continues shall constitute a separate offense. B. The Town of Vail may maintain an action for damages, declatory 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 Building Permit Applications received by the Town of Vail's Community Development Department on or after January 1, 2019. 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 21 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 16th day of October, 2018 and a public hearing and second reading of this Ordinance set for the 6th day of November, 2018 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2018. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk 22 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 17th day of October, 2018. Witness my hand and seal this 17th day of October, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 18 SERIES OF 2018 AN ORDINANCE AMENDING AND REPEALING PORTIONS OF ORDINANCE NO. 5, SERIES OF 2016 TO ALLOW FOR AN AMENDMENT TO THE BUILDING ENVELOPE, LANGUAGE REGULATING THE BUILDING ENVELOPE, AND THE ABILITY TO PROVIDE EMPLOYEE HOUSING OFF-SITE, LOCATED AT 1150 AND 1170 WESTHAVEN LANE/LOT 39-1 AND LOT 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code") permits major amendments to previously approved development plans for Special Development Districts; WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted Ordinance No. 10, Series of 2008, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5, Series of 2016, to revise the development standards for Lots 39-1 and 39-2, Glen Lyon Subdivision, Area C, Cascade Village, SDD No. 4; WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect; WHEREAS, in accordance with the provisions outlined in the Code, the Planning and Environmental Commission (the "PEC") held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council (the "Council"); WHEREAS, all notices as required by the Code have been sent to the appropriate parties; WHEREAS, on September 24, 2018, the PEC held a public hearing and reviewed and forwarded a recommendation of approval, with a condition, for the proposed major amendment to Special Development District No. 4, Cascade Village, to the Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, of the Code; WHEREAS, the Council finds that the major 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, based upon the review outlined in Section VIII of the Staff's September 24, 2018, memorandum to the PEC, and as outlined in the Staffs October 16, 2018, memorandum to the Council, and the evidence and testimony presented; WHEREAS, the Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staffs October 16, 2018 memorandum to the Council, and the evidence and testimony presented; and WHEREAS, the Council finds that the major 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, based upon the review outlined in Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staffs October 16, 2018 memorandum to the Council and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (Note: Language proposed to be removed from Ordinance No. 5, Series of 2016 is shown in strikethrough; language proposed to be added is shown in bold.) Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows: Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Building Envelope for Lot 39-1 per sheet Al, prepared by KH Webb Archtects, PC dated September, 2018 and included herein as Attachment A. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Secondary Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single- family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permittcd outsidc thc building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At grade patios (those within 5' of cxisting or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one half (1/2) the distance between the building envelope and the property line, or may project not morc than five feet (5') nor morc than one fourth (1/4) thc minimum required dimension between buildings. The building shall be restricted to the area within the building envelope. Access roads, driveways, site grading, and retaining walls are permitted outside the building envelope. Architectural projections, including roof overhangs, awnings, flues and chimneys shall be permitted to project four feet (4 ft.) beyond the building envelope. Decks, balconies, steps, pedestrian paths and sidewalks, pools, spas and hot tubs within five feet or less of ground level shall be permitted up to seven and one half feet (7.5 ft.) of property boundaries. Balconies, decks, terraces, pools, hot tubs, and similar unroofed features at a height of more than five feet (5 ft.) above ground level shall be permitted up to ten feet (10 ft.) of property boundaries. Lot 39-1 also contains a recreational use envelope which restricts the location of recreational improvements, including recreation courts, specifically a padel court and its required unroofed enclosure. Buildings are not permitted within the recreational use envelope. Employee Housing In Area C, Lots 39-1 and 39-2 shall each be required to provide a Type II, an Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations as follows: 1. The unit(s) may be provided on site, in which case they shall be Type II EHU(s) of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. 2. The unit(s) may be provided off-site: A. For Lot 39-1 the off-site unit(s) may be any type of Employee Housing Unit (EHU) of at least 1,000 sq. ft. or comprised of multiple units with floor areas totaling at least 1,000 sq. ft. Prior to the issuance of a certificate of occupancy for Lot 39-1, the Applicant shall execute and a record deed restriction(s), in a form approved by the Town Attorney, for the EHU. B. Transfer of the existing EHU on Lot 39-2 off-site shall not require an additional amendment to this SDD or its development plan but shall be done by mutual agreement of the property owner and the Town of Vail. 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 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 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. 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 16th day of October, 2018, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2018, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of November, 2018. Witness my hand and seal this 7th day of November, 2018. c,.,%„,,,c\se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 18 SERIES OF 2018 AN ORDINANCE AMENDING AND REPEALING PORTIONS OF ORDINANCE NO. 5, SERIES OF 2016 TO ALLOW FOR AN AMENDMENT TO THE BUILDING ENVELOPE, LANGUAGE REGULATING THE BUILDING ENVELOPE, AND THE ABILITY TO PROVIDE EMPLOYEE HOUSING OFF-SITE, LOCATED AT 1150 AND 1170 WESTHAVEN LANE/LOT 39-1 AND LOT 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code") permits major amendments to previously approved development plans for Special Development Districts; WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted Ordinance No. 10, Series of 2008, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5, Series of 2016, to revise the development standards for Lots 39-1 and 39-2, Glen Lyon Subdivision, Area C, Cascade Village, SDD No. 4; WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect; WHEREAS, in accordance with the provisions outlined in the Code, the Planning and Environmental Commission (the "PEC") held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council (the "Council"); WHEREAS, all notices as required by the Code have been sent to the appropriate parties; WHEREAS, on September 24, 2018, the PEC held a public hearing and reviewed and forwarded a recommendation of approval, with a condition, for the proposed major amendment to Special Development District No. 4, Cascade Village, to the Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, of the Code; WHEREAS, the Council finds that the major 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, based upon the review outlined in Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in the Staff's October 16, 2018, memorandum to the Council, and the evidence and testimony presented; WHEREAS, the Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staff's October 16, 2018 memorandum to the Council, and the evidence and testimony presented; and WHEREAS, the Council finds that the major 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, based upon the review outlined in Section VIII of the Staffs September 24, 2018, memorandum to the PEC, and as outlined in Section IV of the Staff's October 16, 2018 memorandum to the Council and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (Note: Language proposed to be removed from Ordinance No. 5, Series of 2016 is shown in strikethrough; language proposed to be added is shown in bold.) Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows: Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39 1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Building Envelope for Lot 39-1 per sheet Al, prepared by KH Webb Archtects, PC dated September, 2018 and included herein as Attachment A. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Secondary Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single- family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outsidc the building envelopes, shall be construction. At gradc patios (those within 5' of cxisting or finished gradc) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one half (1/2) the distance between the building envelope and the property line, or may project not morc than five fcct (5') nor morc than one fourth (1/4) the minimum required dimension between buildings. The building shall be restricted to the area within the building envelope. Access roads, driveways, site grading, and retaining walls are permitted outside the building envelope. Architectural projections, including roof overhangs, awnings, flues and chimneys shall be permitted to project four feet (4 ft.) beyond the building envelope. Decks, balconies, steps, pedestrian paths and sidewalks, pools, spas and hot tubs within five feet or less of ground level shall be permitted up to seven and one half feet (7.5 ft.) of property boundaries. Balconies, decks, terraces, pools, hot tubs, and similar unroofed features at a height of more than five feet (5 ft.) above ground level shall be permitted up to ten feet (10 ft.) of property boundaries. Lot 39-1 also contains a recreational use envelope which restricts the location of recreational improvements, including recreation courts, specifically a padel court and its required unroofed enclosure. Buildings are not permitted within the recreational use envelope. Employee Housing In Area C, Lots 39-1 and 39-2 shall each be required to provide a Type 11, an Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations as follows: 1. The unit(s) may be provided on site, in which case they shall be Type 11 EHU(s) of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. • - _ _ . _ - _ _ _ _ _ - • _ • _ _ driveway width is required) for all allowcd/rcquircd dwelling units and employee housing units on thesc lots. 2. The unit(s) may be provided off-site: A. For Lot 39-1 the off-site unit(s) may be any type of Employee Housing Unit (EHU) of at least 1,000 sq. ft. or comprised of multiple units with floor areas totaling at least 1,000 sq. ft. Prior to the issuance of a certificate of occupancy for Lot 39-1, the Applicant shall execute and a record deed restriction(s), in a form approved by the Town Attorney, for the EHU. B. Transfer of the existing EHU on Lot 39-2 off-site shall not require an additional amendment to this SDD or its development plan but shall be done by mutual agreement of the property owner and the Town of Vail. 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 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 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. 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 16th day of October, 2018, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2018, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the th 7day of November, 2018. Witness my hand and seal this 7th day of November, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 19 SERIES 2018 AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF TITLE 4 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTAL PROPERTIES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 14 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish comprehensive registration regulations to safeguard the public health, safety, and welfare by regulating and controlling the use, occupancy, location, and maintenance of short-term rental properties in the Town. B. This Chapter shall apply to short-term rental properties only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to a short-term rental property. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: An agreement or act 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. PROFESSIONAL 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, who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a professional property management firm. 1 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX SHORT-TERM RENTAL PROPERTY ("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: REGISTRATION REQUIRED: A current, valid registration is required for each STR in the Town. 4-14-4: REGISTRATION PROCEDURE: A. At least thirty (30) days prior to any advertising of an STR, the owner or property management firm shall register the STR with the Finance Director or designee, on forms supplied by the Town. For professionally managed STRs, registration for multiple STRs may be made by filing a complete list of all the STRs in the Town managed by such firm, on forms supplied by the Town, and the list shall be updated at least quarterly. B. The fee for STR registration shall be set by resolution of the Town Council. C. If the STR is located within a duplex, the registration form shall include a copy of a written notice provided by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall be sent by first-class mail at least seven (7) days prior to registering the STR. D. No registration form shall be accepted without 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 Section 4-14-6. E. Each STR registration is nontransferable. F. An STR registration 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 registration. 4-14-5: LOCAL REPRESENTATIVE REQUIRED: Each owner or property management firm shall appoint a natural person who remains 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. The owner or property management firm shall notify the Finance Director or designee in writing of the appointment of a local representative within five (5) days of such 2 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX appointment or modification of any such appointment, including contact information. 4-14-6: HEALTH AND SAFETY STANDARDS: A. 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. Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable, and all wood -burning fireplaces and stoves shall be cleaned on an annual basis. 4. 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. 5. 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. 6. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. All pets shall be subject to Title 6, Chapter 4 of this Code. 4-14-7: PARKING: 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. 3 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX 4-14-8: SIGNAGE: An owner or property management firm shall post a sign conspicuously inside each STR. The sign shall include the local representative's current contact information, the street address of the STR and the STR registration number. 4-14-9: ADVERTISING: Advertising for an STR shall include the STR registration number, or, for all professionally managed STRs, the Town business license number, immediately following the description of the STR. 4-14-10: TAXES: A. For each STR, all applicable Town sales and lodging taxes shall be timely collected and remitted. B. Professionally -managed STRs may submit one tax payment for multiple properties, so long as there is sufficient supporting information to identify each individual STR and the taxes collected on such STR. 4-14-11: NOTICE: Any notice required by this Chapter is sufficient if sent by first-class mail to the address provided by the owner or property management firm on the most recent registration form or registration list, provided that notice to the local representative shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-12: LIABILITY: A. An owner shall be liable for any and all violations occurring on the STR. B. A property management firm shall be jointly and severally liable for any and all violations occurring on any of its professionally managed STRs in the Town. 4-14-13: 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 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX 4-14-14: VIOLATIONS, PENALTIES AND ENFORCEMENT: A. 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 and be punishable as such. B. Violations of this Chapter shall be subject to the following fines and penalties, per STR: First violation in a 12 -month period: $500 Second violation in a 12 -month period: $1,500 Third violation in a 12 -month period: $2,500 Additional violation in a 12 -month period: STR prohibited for two years C. Enforcement of this Chapter may be initiated in any of the following ways: 1. A citation may be served by posting on the front door of the STR, or by personal service on the owner or the local representative, if present, or by mailing first class or certified mail to the last known address of the owner, local representative or property management firm; or 2. A summons and complaint may be served on the owner of the STR as provided in the Colorado Municipal Court Rules of Civil Procedure; or 3. A summons and complaint may be served on the associated property management firm or local representative for the STR as provided in the Colorado Municipal Court Rules of Civil Procedure. D. 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 the Property in violation of this Chapter. All remedies shall be cumulative. 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 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 5 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX 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 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 4. 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 6th day of November, 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 10/30/2018 S:IFINANCEIBUDGETIBUDGET 181TOWN COUNCIL MEMOS & ANALYSISISTRI1 ST READING STR ORD FINAL.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 5th day of December, 2018. Witness my hand and seal this 5th day of Decmber, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 19 SERIES 2018 AN ORDINANCE REPEALING AND REENACTING CHAPTER 14 OF TITLE 4 OF THE VAIL TOWN CODE, REGARDING SHORT-TERM RENTAL PROPERTIES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 14 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish comprehensive registration regulations to safeguard the public health, safety, and welfare by regulating and controlling the use, occupancy, location, and maintenance of short-term rental properties in the Town. B. This Chapter shall apply to short-term rental properties only, as defined herein. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to a short-term rental property. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: LEASE: An agreement or act 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. PROFESSIONAL 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, who are trained in property management and provide such services to owners of STRs within the lodge or fractional fee club. PROFESSIONALLY MANAGED STR: An STR that is managed, operated or controlled by a professional property management firm. 1 11/28/2018 S:IFINANCEIBUDGETIBUDGET 18ITOWN COUNCIL MEMOS & ANAL YSISISTRISTR-O103018.DOCX SHORT-TERM RENTAL PROPERTY ("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: REGISTRATION REQUIRED: A current, valid registration is required for each STR in the Town. 4-14-4: REGISTRATION PROCEDURE: A. At least thirty (30) days prior to any advertising of an STR, the owner or property management firm shall register the STR with the Finance Director or designee, on forms supplied by the Town. For professionally managed STRs, registration for multiple STRs may be made by filing a complete list of all the STRs in the Town managed by such firm, on forms supplied by the Town, and the list shall be updated at least quarterly. B. The fee for STR registration shall be set by resolution of the Town Council. C. If the STR is located within a duplex, the registration form shall include a copy of a written notice provided by the owner or property manager to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall be sent by first-class mail at least seven (7) days prior to registering the STR. D. No registration form shall be accepted without 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 Section 4-14-6. E. Each STR registration is nontransferable. F. An STR registration 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 registration. 4-14-5: LOCAL REPRESENTATIVE REQUIRED: Each owner or property management firm shall appoint a natural person who remains 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. The owner or property management firm shall notify the Finance Director or designee in writing of the appointment of a local representative within five (5) days of such 2 11/28/2018 S:IFINANCEIBUDGETIBUDGET 18ITOWN COUNCIL MEMOS & ANAL YSISISTRISTR-O103018.DOCX appointment or modification of any such appointment, including contact information. 4-14-6: HEALTH AND SAFETY STANDARDS: A. 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. Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable, and all wood -burning fireplaces and stoves shall be cleaned on an annual basis. 4. 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. 5. 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. 6. Occupancy of an STR shall comply with Title 12, Chapter 2 of this Code. 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. All pets shall be subject to Title 6, Chapter 4 of this Code. 4-14-7: PARKING: 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. 3 11/28/2018 S:IFINANCEIBUDGETIBUDGET 18ITOWN COUNCIL MEMOS & ANAL YSISISTRISTR-O103018.DOCX 4-14-8: SIGNAGE: An owner or property management firm shall post a sign conspicuously inside each STR. The sign shall include the local representative's current contact information, the street address of the STR and the STR registration number. 4-14-9: ADVERTISING: Advertising for an STR shall include the STR registration number, or, for all professionally managed STRs, the Town business license number, immediately following the description of the STR. 4-14-10: TAXES: A. For each STR, all applicable Town sales and lodging taxes shall be timely collected and remitted. B. Professionally -managed STRs may submit one tax payment for multiple properties, so long as there is sufficient supporting information to identify each individual STR and the taxes collected on such STR. 4-14-11: NOTICE: Any notice required by this Chapter is sufficient if sent by first-class mail to the address provided by the owner or property management firm on the most recent registration form or registration list, provided that notice to the local representative shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-12: LIABILITY: A. An owner shall be liable for any and all violations occurring on the STR. B. A property management firm shall be jointly and severally liable for any and all violations occurring on any of its professionally managed STRs in the Town. 4-14-13: 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 11/28/2018 S:IFINANCEIBUDGET\BUDGET 18ITOWN COUNCIL MEMOS & ANALYSISISTRISTR-0103018.DOCX 4-14-14: VIOLATIONS, PENALTIES AND ENFORCEMENT: A. 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 and be punishable as such. B. Violations of this Chapter shall be subject to the following fines and penalties, per STR: First violation in a 12 -month period: $500 Second violation in a 12 -month period: $1,500 Third violation in a 12 -month period: $2,500 Additional violation in a 12 -month period: STR prohibited for two years C. Enforcement of this Chapter may be initiated in any of the following ways: 1. A citation may be served by posting on the front door of the STR, or by personal service on the owner or the local representative, if present, or by mailing first class or certified mail to the last known address of the owner, local representative or property management firm; or 2. A summons and complaint may be served on the owner of the STR as provided in the Colorado Municipal Court Rules of Civil Procedure; or 3. A summons and complaint may be served on the associated property management firm or local representative for the STR as provided in the Colorado Municipal Court Rules of Civil Procedure. D. 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 the Property in violation of this Chapter. All remedies shall be cumulative. 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 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 5 11/28/2018 S:IFINANCEIBUDGET\BUDGET 18ITOWN COUNCIL MEMOS & ANALYSISISTRISTR-0103018.DOCX 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 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 4. 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 6th day of November, 2018 and a public hearing for second reading of this Ordinance is set for the 4th day of December, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of December, 2018. ATTEST: Tammy Nagel, Town Clerk 6 Dave Chapin, Mayor 11/28/2018 S:IFINANCEIBUDGETIBUDGET 18ITOWN COUNCIL MEMOS & ANAL YSISISTRISTR-O103018.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the th 7day of November, 2018. Witness my hand and seal this 7th day of November, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 20 SERIES 2018 AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL BURNING DEVICE CONCERNING AIR QUALITY WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21, Series of 1991, setting forth certain provisions to control air pollution within the Town; WHEREAS, the Colorado Department of Public Health and Environment (CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter standards than the existing regulations in the Town of Vail; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community needs and priorities; WHEREAS, amending the regulations will provide a benefit to residents and visitors to Vail through improved air quality; WHEREAS, the proposed amendments are supported by the Town of Vail's 2009 Environmental Sustainability Strategic Plan; and WHEREAS, on November 20, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows (text that is to be added is shown in bold. Text that is stricken is shown in ctrikcthrough) is hereby repealed in its entirety and reenacted as follows: 5-3-2: DEFINITIONS: CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which is certified by the environmental protection agency and by the air pollution control division of the Colorado department of public health and environment to produce • _ _ - - - _ _ not more than four and five -tenths grams (4.5 g) of particulates per hour or less, or to meet the current environmental protection agency standard, whichever is more restrictive. This shall include both catalytic and noncatalytic phase II stoves as well as pellet burners and any other technology which can be shown to meet these emission criteria. 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 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 3. 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 4. 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 6th day of November, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of November, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of November, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 21st day of November, 2018. Witness my hand and seal this 21st day of November, 2018. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 20 SERIES 2018 AN ORDINANCE AMENDING SECTION 5-3-2 OF THE VAIL TOWN CODE TO MODIFY THE DEFINITION OF A CERTIFIED SOLID FUEL BURNING DEVICE CONCERNING AIR QUALITY WHEREAS, on August 6, 1991 the Vail Town Council adopted Ordinance 21, Series of 1991, setting forth certain provisions to control air pollution within the Town; WHEREAS, the Colorado Department of Public Health and Environment (CDPHE) and the Environmental Protection Agency (EPA) have adopted stricter standards than the existing regulations in the Town of Vail; WHEREAS, the existing regulations are obsolete and need to be updated to reflect current community needs and priorities; WHEREAS, amending the regulations will provide a benefit to residents and visitors to Vail through improved air quality; WHEREAS, the proposed amendments are supported by the Town of Vail's 2009 Environmental Sustainability Strategic Plan; and WHEREAS, on November 20, 2018, the Vail Town Council held a properly - noticed public hearing on the proposed amendments to Section 5-3-2 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-3-2 of the Vail Town Code shall be amended as follows (text that is to be added is shown in bold. Text that is stricken is shown in strikethrough) is hereby repealed in its entirety and reenacted as follows: 5-3-2: DEFINITIONS: CERTIFIED SOLID FUEL BURNING DEVICE: A solid fuel burning device which is certified by the environmental protection agency and by the air pollution control division of the Colorado department of public health and environment to produce not more than four and five -tenths grams (4.5 g) of particulates per hour or IesJ, or to meet the current environmental protection agency standard, whichever is more restrictive. This shall include both catalytic and noncatalytic phase II stoves as well as pellet burners and any other technology which can be shown to meet these emission criteria. 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 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 3. 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 4. 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 6th day of November, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of November, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of November, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 21st day of November, 2018. Witness my hand and seal this 21st day of November, 2018. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 21 SERIES OF 2018 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, 2019 THROUGH DECEMBER 31, 2019 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 2019 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, 2019, and ending on the 31st day of December, 2019: FUND AMOUNT General Fund $42,025,899 Capital Projects Fund 18,758,295 Real Estate Transfer Tax Fund 8,076,710 Housing Fund 2,500,000 Vail Marketing Fund 2,756,538 Heavy Equipment Fund 3,710,289 Dispatch Services Fund 2,740,614 Health Insurance Fund 5,463,132 Timber Ridge Enterprise Fund 1,294,187 Total 87,325,664 Less Interfund Transfers (14,355,022) Net Expenditure Budget 72,970,642 Ordinance No. 21, Series of 2018 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2019 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 20th day of November, 2018. A public hearing shall be held hereon on the 4th day of December, 2018, 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. Dave Chapin, Mayor ATTEST: Patty McKenny, Assistant Town Manager Ordinance No. 21, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 5th day of December, 2018. Witness my hand and seal this 5th day of December, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 21 SERIES OF 2018 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, 2019 THROUGH DECEMBER 31, 2019 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 2019 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, 2019, and ending on the 31st day of December, 2019: FUND AMOUNT General Fund $41,867,399 Capital Projects Fund 19,158,295 Real Estate Transfer Tax Fund 8,076,711 Housing Fund 2,500,000 Vail Marketing Fund 2,646,538 Heavy Equipment Fund 3,710,289 Dispatch Services Fund 2,740,614 Health Insurance Fund 5,463,132 Timber Ridge Enterprise Fund 1,294,187 Total 87,457,165 Less Interfund Transfers (14,245,022) Net Expenditure Budget 73,212,143 Ordinance No. 21, Series of 2018 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2019 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 20th day of November, 2018. A public hearing shall be held hereon on the 4th day of December, 2018, 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. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 21, Series of 2018 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of December 2018. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 21, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 21st day of November, 2018. Witness my hand and seal this 21st day of November, 2018. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 22 SERIES OF 2018 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2018 TAX YEAR AND PAYABLE IN THE 2019 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 2018 year and payable in the 2019 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 2019 fiscal year, the Town Council hereby levies a property tax of 4.719 mills upon each dollar of the total assessed valuation of $1,077,795,800 for the 2018 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,086,118 calculated as follows: Base mill levy 4.690 $5,054,862 Abatement levy .029 31,256 Total mill levy 4.719 $5,086,118 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 2018 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 1N FULL, this 20th day of November, 2018. A public hearing shall be held hereon at 6 P.M. on the 4th day of December, 2018, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Assistant Town Manager Ordinance 22, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 5t" day of December, 2018. Witness my hand and seal this 5th day of December, 2018. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 23 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, AND HOUSING FUND OF THE 2018 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 2018 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 14, Series of 2017, adopting the 2018 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 2018 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 628,439 Capital Projects Fund 762,000 Housing Fund 312,000 Real Estate Transfer Tax Fund 330,200 Marketing Fund 2,186,120 Dispatch 11,035 Heavy Equipment Fund 104,866 Total $ 4,334,660 Less Interfund Transfers (4,776,170) Net Total $ (441,510) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any Ordinance No. 23, Series of 2018 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 4th day of December, 2018, and a public hearing shall be held on this Ordinance on the 18th day of December, 2018, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 23, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2018, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 19th day of December, 2018. Witness my hand and seal this 19th day of December, 2018. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 23 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, MARKETING FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, AND HOUSING FUND OF THE 2018 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 2018 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 14, Series of 2017, adopting the 2018 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 2018 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 648,439 Capital Projects Fund 762,000 Housing Fund 312,000 Real Estate Transfer Tax Fund 330,200 Marketing Fund 2,186,120 Dispatch 11,035 Heavy Equipment Fund 104,866 Total $ 4,354,660 Less Interfund Transfers (4,776,170) Net Total $ (421,510) 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any Ordinance No. 23, Series of 2018 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 4th day of December, 2018, and a public hearing shall be held on this Ordinance on the 18th day of December, 2018, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of December 2018. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 23, Series of 2018 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2018, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 19th day of December, 2018. Witness my hand and seal this 19th day of December, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 24 SERIES OF 2018 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND THE EXAMPLE EMPLOYEE HOUSING UNIT CALCULATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on October 3, 2017 the Vail Town Council adopted ordinance No. 12, Series of 2017 amending Commercial Linkage requirements in the Town of Vail; WHEREAS, the existing example in Section 12-23-2, Paragraph C, Vail Town Code, is obsolete and needs to be updated to reflect current commercial linkage requirements in Table 23-1. WHEREAS, amending the regulations will provide consistency within the section and accurately reflect the calculation required to determine the employee housing mitigation for eating and drinking establishments. WHEREAS, on December 10, 2018 the Town of Vail Planning and Environmental Commission held a property noticed public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on December 18, 2018 the Vail Town Council held a property - noticed public hearing on the proposed amendments to Section 12-23-2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-23-2: Employee Generation and Mitigation Rates, Vail Town Code, is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) A. The employee generation rates found in table 23-1, "Employee Generation Rates By Type Of Commercial Use" of this section, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. 1 TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type Of Use Employee Generation Rate Accommodation unit' limited service lodge unit 0.6 employee per net new units Business office and professional office (including real estate and property management office) ' 3.2 employees per 1;000 feet of netww net floor area Conference facility ' 0.8 employee per 1;000 feet of new net floor area Eating and drinking establishment 10.2 employees per 1,000 feet of new net floor area Health club ' 0.96 employee per 1:000 feet of new net floor area Retail storeiperso n al serviceirepair shop ' 2.4 employees per 1,000 feet of new net floor area Spa 2.1 employees per 1;000 feet of netww net floor area B. If an applicant submits competent evidence that the employee generation rates contained in table 23-1 of this section or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with the requirements of this chapter. For example, for a development proposing two thousand five hundred (2,500) square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ([2,500 square feet- /1,000 square feet] x [6,75] 10.2) - 16.875 25.5 new employees generated 16.875 25.5 new employees generated x 20% - 3.375 5.1 employees to be housed 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 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 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. 2 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2018 and a public hearing for second reading of this Ordinance set for the 8th of January, 2019 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2019. ATTEST: Tammy Nagel, Town Clerk 3 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2019, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 8t" day of January, 2019. Witness my hand and seal this 8" day of January, 2019. Tammy Nagel Deputy Clerk ORDINANCE NO. 24 SERIES OF 2018 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND THE EXAMPLE EMPLOYEE HOUSING UNIT CALCULATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on October 3, 2017 the Vail Town Council adopted ordinance No. 12, Series of 2017 amending Commercial Linkage requirements in the Town of Vail; WHEREAS, the existing example in Section 12-23-2, Paragraph C, Vail Town Code, is obsolete and needs to be updated to reflect current commercial linkage requirements in Table 23-1. WHEREAS, amending the regulations will provide consistency within the section and accurately reflect the calculation required to determine the employee housing mitigation for eating and drinking establishments. WHEREAS, on December 10, 2018 the Town of Vail Planning and Environmental Commission held a property noticed public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on December 18, 2018 the Vail Town Council held a property - noticed public hearing on the proposed amendments to Section 12-23-2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-23-2: Employee Generation and Mitigation Rates, Vail Town Code, is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) A. The employee generation rates found in table 23-1, "Employee Generation Rates By Type Of Commercial Use", of this section, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. 1 TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type Of Use Employee Generation Rate Accommodation unit/ limited service lodge unit 0.6 employee per net new units Business office and professional office (including real estate and property management office) 3.2 employees per 1,000 feet of new net floor area Conference facility 0.8 employee per 1,000 feet of new net floor area Eating and drinking establishment 10.2 employees per 1,000 feet of new net floor area Health club 0.96 employee per 1,000 feet of new net floor area Retail storeipersonal service/repair shop 2.4 employees per 1,000 feet of new net floor area Spa 2.1 employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in table 23-1 of this section or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with the requirements of this chapter. For example, for a development proposing two thousand five hundred (2,500) square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ([2,500 square feet . /1,000 square feet] x [B,7-5] 10.2) = 16.875 25.5 new employees generated 16.875 25.5 new employees generated x 20% - 3.375 5.1 employees to be housed 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 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 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. 2 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2018 and a public hearing for second reading of this Ordinance set for the 8th of January, 2019 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2019. ATTEST: Tammy Nagel, Town Clerk 3 Dave Chapin, Mayor