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HomeMy WebLinkAbout1973-14 Providing for the Review of all Landscaping as required by the Zoning Ordinace and the Sign Ordinancey' ORDINANCE N0, 14 (Series of 1973) AN ORDINANCE PROVIDING FOR THE REVIEW OF ALL LANDSCAPING A5 REQUIRED BY THE ZONING ORDINANCE AND THE SIGN ORDI- NANCE, WlTH1N THE TOWN OF VAIL; I'ROVIDiNG REVIEW PROC1=- DURES AND CRITERIA; ESTABLISHING PERFORMANCE BONDING THEREFOR; REQUIRING MAINTENANCE THERE01=; RfJD SETTING FORTH MATTERS IN RELATION THERETO AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. WHEREAS, the Town of Vail wishes to make the environment more desirable and the community a more attractive place in which to live and work; and WHEREAS, the Town of Vail has adopted a new zoning ordinance and a master plan and wants to assure that all' new landscaping is in conformance with the zoning ordinance and in harmony with the master p Ian; and WHEREAS, certain trees, shrubs, and ground cover are more suitable for the Montane (Canadian) zone and the Town of Vail wishes to promote the highest survival rate possible; and WHEREAS, the Design Review Board deems it appropriate to control the design and maintenance of said landscaping; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO TWAT: Section I, General Provisions. I ) Short Title and Code Reference. This ordinance may be cited as "the landscaping ordinance" for the Town of Vail, and shall be incorporated in the Municipal Cade of Vail, Colorado, otherwise referred to as "Town Code of Vail". 2) Declaration of Purpose. These regulations are enacted for the purpose of promoting the health, safety,, morals, and general welfare of the Town of Vail, and to promote the coordinated and harmo- nious development of the Town in a manner that will conserve, protec# and enhance its natural environment and its established character as a resort and residential community of high quality. 3) Definitions. a) Administrator - A member of the Town of Vail staff appointed by the Town Manager, designated to ad- minister and enforce this ordinance. b) Design Review Board - A group appointed by the Town Council as dictated by the zoning ordinance which shall consist of three (3} Planning Commission members and two (2) members appointed from the community. c) Indirect Lighting - A light source separated from the surface and illuminating such Landscaping by means of spotlights or similar fixtures, which shall be only as bright as necessary for pleasant illumination. d) Landscaping - Planted areas and plant materials, including trees, shrubs, lawns, flower beds, and ground cover together with decorative elements such as walks, decks, patios, terraces, water features, and like features. For the purposes of this ordinance, natural or significant rock Out croppings, trees, or native vegeta#ion shall be deemed land- scaping. e) Person - Shall include any person, firm, partnership, association, corporation, company or organization of any kind. Section 2. Design Review Guidelines, I) Location, design and materials for landscaping should be native to the area and in keeping with the mountain setting and alpine character of the Village. 2) Plant species proposed should be tolerant to the Mon- tane (Canadian) zone in which we are located. A list of suggested trees is included in this ordinance. 3) Materials used for walks, retaining walls, etc. should be of native materials such as wood and stone. 4} Landscaping should be in harmony architecturally with adjacent structures and surrounding natural landforms. 5) Any accent lighting used should be indirect and of very low wattage. 6} Sculpture and water features should be encouraged. 7) RII landscaping should reflect the intent and spirit of the master plan. 8} Large sizes of plants should be encouraged. 9) Mass planting should be used to carry out Vail's attempted reforestation of the valley floor. Section 3, Permits, Certificates and Approvals Required. It shall be unlawful for any person to plant trees, shrubs, ground cover or flowers; construct retaining walls, fountains, paths or water features; in conjunction with a new structure or an addition to an existing structure within the Town of Vail, as defined by this ordinance, without complying with the following requirements: I) Completion of a landscaping permit application; 2) Review by administrator; 3) Review and approval by the Design Review Board; and 4) Completion of inspection and approval by administrator. Section 4, Applicat'son Procedures. Tile procedures to be followed in fulfilling the intent of the land- scaping ordinance are as follows: I) A landscaping permit application must be obtained from the administrator at the same time as application is made for a building permit. 2) The applicant shall submit a cost estimate of all landscaping work to be performed and the Design Review Board shall determine if the estimate is ample to complete the proposed work. 3) The application must be properly completed and returned to the administrator with the following information attached: a} Two (2) complete site plans drawn to a scale of not less than l" equals Zd' showing location of structure, recreational amenities, major rock out- croppings, contours if necessary, parking areas, trees or groups of trees existing and proposed with species and size specified, retaining walls and walkways. b) Name, address and phone number of person or persons who will perform the work, Section 5. Duties of Design Review Board. The Design Review Board shall review the appearance, lighting, fiorm and species of ail landscaping required under this ordinance to obtain approval. The Design Review Board shall make such aesthetic,judgments necessary to insure that all landscaping re- quiring approval under this ordinance is in conformance with the landscaping and zoning ordinances and in harmony with the intent of the Master Plan and surrounding terrain and the character of the Town of Vail. The Design Review Board may adopt from time to time such rules and regulations as it may deem necessary to perform its prescribed duties, Reviews shall be in conformance with the procedure outlined in the zoning ordinance. Section 6. Approval of Design Review Board and Inspection by Administrator Required. The administrator upon review and acceptance of a properly completed landscaping application permit shall forward the application to the Design Review Board. Following receipt of the landscaping permit application, the Design Review Board shall consider said application at its next regularly scheduled meeting. In the event the Design Review Board is unable to review all plans at the scheduled meeting, the review may be postponed until the next meeting if the postponement is approved by the applican#. After approval of plans by the Design Review Board and completion of the work, the applicant shall call far the administrator to perform an inspection. The administrator shall inspect the land- scaping to determine if it has been completed in conformance with the approved plans and the owner shall be notified in writing of any corrections that must be made. Section 7, Notice to Maintain or Remove. if the Design Review Board shall find any landscaping approved under this ordinance in a poorly maintained condition that is not aesthetic- ally pleasing, it shall be deemed in violation of this ordinance and the owner of said landscaping shall be notified by certified mail to provide proper maintenance and/or remove and replace dead vegetation. The decision of the Design Review Board shall be subject to appeal to the Town Council at their next regularly scheduled meeting, If such person fails to maintain and/or remove such plants within fifteen (i5) days after receipt of such notice, the administrator shall cause such landscaping to be maintained at the expense of the owner, and shall, upon determination of such expenses, certify same to the Director of Finance of the Town of Vail. The Director of Finance shall notify the owner of the total costs incurred for such maintenance, and if the person shall fail within thirty (3d) days after the date of notification to pay the entire costs of such maintenance, then such costs shall become a lien against the property, and the Director of Finance shall certify same to the Eagle County Treasurer for collection in the same manner as general property taxes are collected. The amount certified by the Di Treasurer for collection shall tenance and/or removal of said (15~) and in addition thereto, ten percent (!0~) representing of collection. rector of Finance to the County include the actual cost of main- landscaping, plus fifteen percent shall include an amount equal to penalty and interest for the cost Section 8. Exemptions. The provisions ofi this ordinance shall not apply to landscaping of existing structures and their sites unless they are substantially altered nor shall it apply to landscaping performed by the Town of Vail or afifiiiated Special Improvement Districts. However, the Design Review Board may require that any area sub,}ect to wind or water~erosian or aesthetically not atfiractive be revegetated as specified by the Design Review Board. Section 9. Performance Bonding. At the time of approval 6y the Design Review Board and prior to commencement of landscaping work, the applicant shall submit to the administrator letters of credit or surety bonds in an amount suffiicient to cover the cost of the work to be performed as sub- mitted under Section 4, item 2 of this ordinance. The Town of Vail shall hold surety bond or letters of credit until such time as landscaping is completed and certified by the administrator upon inspection to be in compliance with the approved plans in conformance with this ordinance. In the event the landscaping, as approved by the Design Review Board, is not complete within one (I) year after the Certifiica#e of occupancy is issued, the Town of Vail shall take the necessary steps to collect the funds required from the bonding company or guarantor and complete such landscaping. Section 10. Suggested Trees, Shrubs, and Reference mater'sal. The following list of suggested trees is not meant to be exhaustive and is to serve as a guideline for choosing among the many species available. Artificial trees or plants of any type are prohibited. We also suggest the following books for use as reference materiak in aiding the developer in his choices: Rocky Mountain Horticulture, George W. Kelly; Meet the Natives, M. Walter Penman; Rocky Mounta i n Trees, Richard ~! . Preston, J r. Lodgepole Pine - Pinus contorts Ponderosa Pine - Pinus ponderosa Colorado Biue Spruce -- Picea pungens Engelmann Spruce - Picea engelmannii Alpine Fir - Abies lasiocarpa Corkbark Fir - Rbies lasiocarpa arizonica White Fir - Rbies concolor Douglas Fir - Pseudotsuga taxifolia Limber Pine-Pinus flexilis Bristle-Cone Pine - Pinus aristata Quaking Aspen - Populus tremuloides Narrow-leaf Cottonwood - Populus angustifolia Balsam Poplar - Populus bafsamifera Mountain Willow - Salix monticola Southern Park Willow - Salix pseudomonticola Geyer Willow - Salix geyeriana 5couler Willow - 5alix scouleriana Rocky Mountain Rlder - Alnus tenuifolia Rocky Mountain Birch - Betuia occidentalis Dogwood - Cornus stolonifera `~Jestern Chokecherry - Prunus melanocarpa Rocky Mountain Maple - Rcer giabrum Canada Buffaloberry - Shepherdia canadensis Red-berried Elder - Sambucus pubens Pin Cherry - Prunus pennsylvanica Mountain Ash - Sorbus scopulina Mountain Mahogany - Cercocarpus montanus Squaw Currant - Ribes cereum Kinnikinnick - Arctostaphylos uva-ursi Greenleaf Manzanita - Arctostaphylos patula Salmonberry - Rubus parviflorus Mountain Blueberry - Vaccinium myrtillus Mountain Balm - Ceanothus veiutinus Wild Gooseberry - Ribes inerme Colorado Currant - Ribes coloradense Wolf's Currant - Ribes wolfii Mountain Snowberry - Symphoricarpos oreophilus Shrubby Cinquefoil - Potentilla fruticosa Wild Rose - Rosa Acicularis, rosa nutkana Thimbieberry - Rubus delicosus Mountain Common Juniper - Juniperus communis Smooth Shad tServiceberry) - Amelanchier pumila 5erv i ceberry or June berry -- Ame I anch i e r a l n i fo l i a Special Native Grass Seed Mixture: Intermed. Whit. grass Timothy Manchar Bromegrass Smooth Bromegrass Orchard grass Crop Seed Weed Seed 27.47 17.47 16.85 16,70 16.46 0,54 0.28 Section II. Administration. I) Appointment. The Town Manager shall appoint an administrator who shall administer and enforce this ordinance. This position may be combined with another position of the Town. 2) Duties. The administrator shall be responsible for such duties as prescribed in this ordinance, and shall be responsible for enforcement of the landscaping regulations. The administrator may serve notice indicating the nature of any violation, or requiring the maintenance and/or removal of landscaping in violation of this ordinance, on the owner or his authorized agent. The administrator may call upon the Town Attorney to institute necessary legal proceedings to enforce the provisions of this or- dinance, and the Town Attorney hereby is authorized to institute appropriate actions to that end. The administrator may call upon the Chief of Police and his authorized agents to assist in the enforcement of this ordinance. 3) Appeal of Administrative Action, Appeal from any administrative action or determination by the Design Review Board or the administrator pursuant to the provisions of this ordinance may be filed with the Town Council by any applicant within 30 days following such action or determination. In the event of appeal, the Council, after receiving a report from the Design Review Board and/or the Administrator, may confirm, reverse or modify the action of the Design Review Board or the Administrator. A hearing shall not be required. Failure of the Council to act within 60 days of the filing of appeal shall be deemed concurrence in the action of the Design Review Board or the Administrator. 4) Amendments. The regulations prescribed in this ordinance may be amended, or repealed by the Town Council. Section 12. Penalties. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished for such offense by imprisonment for not more than ninety (90) days or by a fine of not more than Three Hundred Dollars ($300.00) or by both such fine and imprisonment. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. Section 13. Safety Clause. The Town Council hereby finds, determines and declares that this ordinance or any part of provisions hereof, shall be considered severable and, if any provisions of this ordinance or application thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications. Section 14. Application of Other Laws. If any of the provisions of this the provisions of any other ordi or enacted in the future, of the quirements regarding landscaping differ, the provision containing wilt apply. ordinance are inconsistent with Hance or law, presently existing Town of Vail, in that the re- of the respective provisions the more restrictive requirements INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED THIS twenty-first day of August, 1973. ATTEST: TOWN CLERK l By MAYOR TOWN OF VAIL INTRODUCED, READ, ADOPTED AS AMENDED AND ORDERED PUgL_ISHED THIS Fourth day of September, 1973. TOWN OF VAIL By ATTEST: Mayor Town Clerk