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HomeMy WebLinkAbout1983- 6 TABLED Providing that Applications for Building Permits be Reviewed by the Department of Community Development to Determine if Public Improvements are Required for the Building Permit',i r W ~ ~ ~ lTEM E-B DATE: 2/1/83 ORDINANCE # 6 ~~ •° ~ (Series of 1983) , AN ORDINANCE PROVIDING THAT APPLICATIONS FOR BUILDING PERMITS BE REVIEWED BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO DETERMINE WHETHER THE PROPOSED CONSTRUCTION ,~''' SHALL REQUIRE THE INSTALLATION OR CONSTRUCTION .• ~~: • ~"~ ` . OF PUBLIC IMPROVEMENTS SUCH AS STREET PAVING ' __ y,. iC<. ,. ~~^~ CURBS, GUTTERS, SIDEWALKS, DRAINAGE FACILITIES, '',~y'~ OR UT~iER PUBLIC It;IPROVEMENTS AND IN SUCH ~'`~`- , EVlaidrl' GIVIj`TG ~f'IIE I3UILDIr3G OFFICIAL TILE POLFdER ~"` i~0 PLACE A CONDITIOid II3 TIIE EUILDIi~IG PERI:IIT . ~ WHICH SHALL REQUIRE THE CONSTRUCTION OF SUCH ,ft PUBLIC IS~,~PROVEMENT OR IMPROVEMENTS BY THE PERMITEE: AND SETTING FORTH DETAILS IN RELATION ;'~,;;. THERETO. ~"" . ;~ . ': WHEREAS, often times construction within the Town requires the installation or construction of public improvements; and WFiF,REAS, the Town Council believes it will benefit the public health, safety and welfare if said public improvements necessitated by proposed construction, are made a condition of the building permit and are paid for by the building permitee; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. A. Application for building permit shall be reviewed by the Department of Community Development to determine whether the proposed construction will require the installation or construction at public improvements, such as street paving, curbs, gutters, side- walks, drainage facilities, bike paths, or other public improvements. B. If it is determined by the Department of Community Develop- went that any such public improvements are necessitated by the proposed construction, the Department of Community Development shall so inform the budding official and in s~:ch event, a condition shall be inserted 1.n the building permit which shall require the construction of such public improvement or public improvements by the permittee and the dedication thereof to the Town. C. 'I`he cost of any such improvements shall be borne by the permitt;ee and the construction thereof shall be at the sole cost, ,~ risk and expense of the permitee, subject to the provisions of any al~pl is ZI~'le~ 'I'~~tt°rl c- ,•~:.1-i nt~r.r•c~ , rc~f~•lz 1~ t ~ ~~n car Iic 7 ~ ca es . i ~ O _~_ D. fill such improvements are to be constructed in full compliance with Town of Vail design standards and construction specifications set forth in the subdivision regulations of the Town . o f V a i 1. :~~''~ ~j' , ,',`~"./ E. Decision of the Community Development Department relating >~-<;;.. ~.. to such ublic im ravements ma be a ~'`~ p p y. ppealed by the building permitee ~ k: to the Planning and Environmental Commission of the Town of Vail..:~~' ~~~ <; Such appeal must be filed in writing within ten (1.0) days following` ~~ '' :°''x notification of the condition and the appeal shall be heard by the,.,,, Planning acid Environmental Commission within thirty (30) days of - ~~ its being ~:iled. Section 2 if any part, section, subsection, sentence, clause ar phrase of this ' ordinance pis 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 one or more parts, sections, subsections, sentences, clauses ax phrases be declared invalid. Section 3 The Tawn Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Tawn of Vail and the inhabitants thereof. Section ~ The repeal or the repeal and reenactment of any provision of the Vail municipal 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 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. ~1 ~' P -3- LPd`~.'RODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCL TN LULL, THIS 1st day of February, 1983, and a public hearing on ,, , this ordinance shall be held at the regular meeting of the Town, ,;F~' Counc;i 7_ oI the Town of Vail on the 15th day of February , 1983 , at ~ ~`~~. `: 7:30 p.m., in the Municipal Building of the Town of Vail. ~. . ~';~;.. i ,~:, Rodney E . Slicer , Mayor '_~~~ ,~ ~. #;. ATTEST: Colleen M. Kline, Town Clerk .LAD AND APPROVED ON SECOND READING AND ORDERED P~7BLxSHED this day of 1983. Rodney E. Slifer, Mayor A`PTEST Colleen M. Kline, Town Clerk .,