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HomeMy WebLinkAbout1982-16 Requiring Detailed Geotechnical Investigations to be Submitted Along with All Applications for Building Permits for the Construction of Buildings or Structures of for Driveway Cuts and Fills in Highland Meadows First Filing~ ~_ ~~ , ORDINANCE #16 (Series of 1982) AN EMERGENCY ORDINANCE REQUIRING DETAILED GEOTECHNICAL INVESTIGATIONS TO BE SUBMITTED ALONG WITH ALL APPLICATIONS FOR BUILDING PERMITS FOR THE CONSTRUCTION OF BUILDINGS OR STRUCTURES OR FOR DRIVEWAY CUTS AND FILLS IN HIGHLAND MEADOWS FIRST FILING, HIGHLAND MEADOWS SECOND FILING, VAIL VILLAGE WEST FIRST FILING AND VAIL VILLAGE WEST SECOND FILING; REQUIRING THAT ALL INDIVIDUALS WHO WISH TO OBTAIN BUILDING PERMITS FOR ANY BUILDINGS, STRUCTURES, CUTS OR FILLS IN SAID SUBDIVISIONS SIGN AND ENTER INTO A RELEASE AND HOLD HARMLESS AGREEMENT WITH THE TOWN, RELEASING AND HOLDING THE TOWN HARMLESS FROM ANY DAMAGE TO PERSONS OR PROPERTY CAUSED BY THE BUILDING OF ANY STRUCTURES IN SAID SUB- DIVISIONS; AND PROVIDING DETAILS IN RELATION THERETO . WHEREAS, geological studies and surveys done by Woodward- r Clyde Consultants, KKBNA, and Chen Associates indicate that the area of the Town in which said subdivisions are located have unstable soil conditions which are susceptible to movement if subjected to even minor changes in the slope or ground conditions, an d WHEREAS, Chen and Associates and KKBNA in their reports have suggested certain requirements which should be complied with when building any structure in said subdivisions; and WHEREAS, the Town Council has concluded that for the protection of the health, safety and welfare of the inhabitants of the Town of Vail, all individuals who wish to build structures or buildings or make cuts or fills in said subdivisions should be required to comply with said requirements and to release and indemnify the Town for any injury or damage which may result from such construction; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. All applications for building permits for any buildings or structures or for any cuts and fills for any lots located in the Highland Meadows Filing 1, Highland Meadows Filing 2, Vail Village West Filing 1, and Vail Village West Filing 2 subdivisions, shall be accompanied by an extremely detailed geotechnical soils investigation which shall set forth existing ground water conditions, depth to bed rock, .;~ '~ ~ ~ A -2- slope stability conditions and provide design parameters for foundations and subsurface drainage requirements. All foundation designs must withstand lateral loads as determined by said geotechnical investigation. All such geotechnical investigations must be done by a licensed professional engineer, qualified in geological and soils evaluation, and all soil samples for such geotechnical investigations must be obtained from an area which is in the footprint of the proposed building or structure. 2. All individuals applying for a building permit to build any structure or building or make a cut or fill in said subdivisions shall provide the Town of Vail with a release and hold harmless agreement releasing and indemnifying the Town from any damages caused by such construction to any person or property. 3. The Town Council specifically finds and states that it is the opinion of the Town Council that an emergency exists and that this ordinance is immediately necessary for the protection of the public health, safety and welfare and the provisions of this ordinance shall take full force and effect upon adoption in accordance with the Charter of the Town of Vail as an emergency measure. 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 that 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, sub- sections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council 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. INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY MEASURE AND OkDERED PUBLISHED IN FULL THIS 15th DAY OF June 1982. _7 ~ ~' ~ , -~' ..' ,~' ~ Rodney E. ~'li'"fer, M orb ATTEST: Colleen b4. Kline, Town Clerk