HomeMy WebLinkAbout2007-28 Amending Chapter 12.21, Hazard Regulations, in Order to Comply with FEMA Floodplain Regulations and Title 14, Development Standards Handbook for Clarifications to Driveway and Parking Standards ORDINANCE N0.28
SERIES OF 2007
(FLOODPLAIN HOUSEKEEPING ORDINANCE)
ORDINANCE N0.28, SERIES OF 2007, AN ORDINANCE TO AMEND CHAPTER 12-21, HAZARD
REGULATIONS, VAIL TOWN CODE, IN ORDER TO COMPLY WITH FEMA FLOODPLAIN
REGULATIONS, AND TITLE 14, DEVELOPMENT STANDARDS HANDBOOK, VAIL TOWN
CODE, FOR CLARIFICATIONS TO DRIVEWAY AND PARKING STANDARDS, AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a
public hearing on the proposed amendments in accordance with the provisions of the Vail Town
Code of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval with modifications of these amendments at its August 27, 2007 meeting,
and has submitted its recommendation to the Vail Town Council; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
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; and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further the general purpose of Title 14, the Development Standards Handbook;
and
WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments promote the health, safety, morals, and general welfare of the Town and promote
the coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and residential
community of the highest quality; and
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety,
and welfare to adopt these amendments to the Town Code.
Ordinance No. 28, Series of 2007 1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this floodplain housekeeping ordinance is to come into
compliance with Federal Emergency Management Agency regulations, and to clarify parking and
driveway standards in order to meet generally accepted engineering standards. (Text that is to
be deleted is s#iskea. Text that is to be added is bold. Sections of text that are not amended
may be omitted.)
Section 2. Section 12-2-2 is hereby amended as follows:
12-2-2: DEFINITIONS OF WORDS AND TERMS:
FLOOD HAZARD ZONE: -~a#-,a~~a s
e41, ,19~A~1-~e~~~a e.
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.1 A
" ^~-1 ~ of t~l~is-tit:~The land in the
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floodplain subject to a one percent or greater chance of flooding in any given year.
The area maybe designated as Zone A on the Flood Hazard Boundary Map
(FHBM). After detailed ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99,
VO, V1-30, VE or V.
FLOOD INSURANCE STUDY.• The official report provided by the federal emergency
management agency that includes flood profiles and water surface elevation of the base
flood as well as the Flood Boundary-F/oodway Map.
Section 3. Section 12-21-2 is hereby amended as follows:
12-21-2: DEFINITIONS:
For the purposes of this chapter, the words contained in this section are defined as
follows:
ALLUVIAL FAN FLOODING -Flooding occurring on the surface of an alluvial fan or
similar landform, which originates at the apex and is characterized by high-
ve/ocity flows; active processes of erosion, sediment transport, and deposition;
and unpredictable flow paths.
APEX - A point on an alluvial fan or similar landform below which the flow path of
the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
AREA OF SHALLOW FLOODING - A designated AO, AH, or VO zone on a
community's Flood Insurance Rafe Map (FIRM) with a one percent chance or
greater annual chance of flooding to an average depth of one to three feet where a
Ordinance No. 28, Series of 2007 2
clearly defined channel does not exist, where the path of flooding is unpredictable
and where velocity flow maybe evident. Such flooding is characterized by
ponding or sheet flow.
BASE FLOOD -The flood having a one percent chance of being equaled or
exceeded in any given year.
BASEMENT -Any area of the building having its floor sub-grade (below ground
level) on all sides.
CRITICAL FEATURE - An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
DEVELOPMENT -Any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or
materials.
ELEVATED BUILDING - Anon-basement building (i) built, in the case of a building
in Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated
floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of
the lowest horizontal structure member of the elevated floor elevated above the
ground level by means of pilings, columns (posts and piers), or shear walls
parallel to the floor of the water and (ii) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the magnitude of the
base flood. In the case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, and D,
"elevated building" also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to facilitate the unimpeded
movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated
building" also includes a building otherwise meeting the definition of "elevated
building, "even though the lower area is enclosed by means of breakaway walls if
the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood
Insurance Program regulations.
EXISTING CONSTRUCTION -For the purposes of determining rates, structures for
which the "start of construction"commenced before the effective date of the FIRM.
"Existing construction" may also be referred to as "existing structures."
FLODD HAZARD ZONE:
,
n The land
f , G -
in the f/oodp/ain subject to a one percent or greater chance of flooding in any
given year. The area maybe designated as Zone A on the Flood Hazard Boundary
Map (FHBM). After detailed ratemaking has been completed in preparation for
publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99,
VO, V1-30, VE or V.
Ordinance No. 28, Series of 2007 3
FLOOD OR FLOODING - A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1, the overflow of inland or tidal waters.
2. the unusual and rapid accumulation or runoff of surface waters from any
source.
FLOOD INSURANCE RATE MAP (FIRM) - An official map on
which the Federal Emergency Management Agency has delineated both the, areas
of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the federal emergency
management agency that includes flood profiles and water surface elevation of the base
flood as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA -Any land area susceptible to being
inundated by water from any source (see deffnition of flooding).
FLOODPLA/N MANAGEMENT -The operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and f/oodp/ain management
regulations.
FLOOD PROTECTION SYSTEM -Those physical structural works for which funds
have been authorized, appropriated, and expended and which have been
constructed specifically to modify flooding in order fo reduce the extent of the
areas within a community subject to a "special flood hazard" and the extent of the
depths of associated flooding. Such a system typically includes hurricane tidal
barriers, dams, reservoirs, levees or dikes. These specialized flood modifying
works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING -Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water and sanitary facilities, structures and
(heir contents.
FLOODWAY (REGULATORY FLOODWAY) -The channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term
includes only docking facilities, port facilities that are necessary for the loading
and unloading of cargo or passengers, and ship building and ship repair facilities,
but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE -The highest natural elevation of the ground surface
prior to construction next fo the proposed walls of a structure.
Ordinance No. 28, Series of 2007 4
HISTORIC STRUCTURE -Any structure that is:
1. Listed individually in the National Register of Historic Places (a lisfing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual lisfing on
the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing fo the historical significance of a registered historic district or a
district preliminarily determined by the Secretary fo qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior;
or
4, classified as historically significant per Chapter 10-2, Special Historic and
Architecture/ Structures, Vail Town Code.
LEVEE - A man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - A flood protection system which consists of a levee, or levees,
and associated structures, such as closure and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR -The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking
or vehicles, building access or storage in an area other than a basement area Is
not considered a building's lowest floor; provided that such enclosure is not built
so as to render the structure in violation of the applicable non-elevation design
requirement of Section 60.3 of the National Flood insurance Program regulations.
MEAN SEA LEVEL -For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance Rafe Map are
referenced.
NEW CONSTRUCTION -For the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM, and includes any subsequent improvements to
such structures. For f/oodp/ain management purposes, "new construction"
means structures for which the "start of construction" commenced on or after
December 4, 2007, and includes any subsequent improvements to such structures.
ONE HUNDRED (100) YEAR FLOODPLA/N -See "Flood Hazard Zone" above.
RECREATIONAL VEHICLE - A vehicle which is:
1. built on a single chassis;
2. 400 square feet or less when measured of the largest horizontal projections;
3. designed to be self-propelled or permanently towable by a light duty truck; and
Ordinance No. 28, Series of 2007 5
4, designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use
START OF CONSTRUCTION - (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation
for basement, footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure whereby
the cost of restoring the structure fo its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
WATER SURFACE ELEVATION -The height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of
various magnitudes and frequencies in the f/oodp/ains of coastal or riverine areas.
Section 4. Section 12-21-10 is hereby amended as follows:
12-21-10: DEVELOPMENT RESTRICTED:
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Section 5. Section 12-21-11 is hereby amended as follows:
12-21-11: FLOOD HAZARD ZONES
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Arhh{a,.z.+rrl r»n~p a.
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Ordinance No. 28, Series of 2007 6
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A. PURPOSE: To promote public hes/fh, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by
provisions designed fo:
1. Profect human life and health;
2. Minimize expenditure of public money for costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in f/oodp/ains;
6. Help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as fo minimize future flood
blight areas;
7. Insure that potential buyers are notified That property is in a flood area.
8. Insure that those who occupy the floodp/ain assume the responsibility for their
actions;
9. Profect the natural areas required to convey flood flows and retain flow
characteristics; and
10. Obtain and maintain the benefits to the community of participating in the
National Flood Insurance Program.
B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled, "The Flood
Insurance Study for Eagle County, Colorado and Incorporated Areas dated
December 4th, 2007, with accompanying Flood Insurance Rate Maps and Flood
Boundary-F/oodway Maps (FIRM and FBFM) and any revisions thereto are hereby
adopted by reference and declared to be a part of this chapter.
C. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR:
The Town Engineer or designee is hereby appointed the F/oodp/ain Administrator
to administer and implement the provisions of this chapter and other appropriate
sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to
floodp/ain management.
D. DUTIES & RESPONSIBILITIES OF THE FLOODPLA/N ADMINISTRATOR:
Duties and responsibilities of the Floodp/ain Administrator shall include, but not
be limited to the following:
1. Maintain and hold open for public inspection all records pertaining to the
provisions of this chapter.
2. Review all permit applications fo ensure that the requirements of this chapter
have been satisfied and that the proposed improvement will be reasonably safe
from flooding.
3. Review, approve or deny floodplain use and modification permits to determine
whether proposed improvements meet the provisions of Phis chapter.
Ordinance No. 28, Series of 2007 7
4. Review evidence prior to the issuance of a floodplain use permit that all
necessary permits have been obtained from those federal, state, or local
government agencies from which prior approval is required. Conditional
floodplain use permits maybe issued contingent upon receipt of fhe above-
mentioned agency permits.
5. Review and verify that no new habitable structure is constructed within the
flood hazard zone.
6. Review and verify That a licensed professional engineer or professional land
surveyor certify the location of the 100 year floodplain on all development
applications that are adjacent to, or partially located within the 100 year
floodplain, that are proposing improvements That may effect the floodplain.
7. Where interpretation is needed as to the exact location of the boundaries of fhe
areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the
F/oodp/ain Administrator shall make the necessary interpretation.
8. Notify, in riverine situations, adjacent communities and the Colorado Division
of Emergency Management, prior fo any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
9. Assure that the flood carrying capacity within any altered or relocated portion
of any watercourse is maintained.
10. When base flood elevation data has not been provided in accordance with
Subsection i2
21-11 B, the F/oodp/ain Administrator shall obtain, revfew and
reasonably utilize any base flood elevation data and f/oodway data available
from Federal, State or other source, in order fo administer the provisions of
Subsection 12
21-11F.
11. When a regulatory floodway has not been designated, the F/oodp/ain
Administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted within
Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the
community.
i2. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain
development in Zones Al-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one foot,
provided that the community first applies for a conditional FIRM revision
Through FEMA (Conditional Letter of Map Revision).
E. FLOODPLA/N PERMITS
1. F/oodp/ain Use Permit
a. Purpose: The F/oodp/ain Use Permit is a permit to allow temporary grading
within the floodplain and allow for necessary public infrastructure
improvements within the floodplain. A F/oodp/ain Use Permit maybe
issued under of /east one of the following conditions:
Ordinance No. 28, Series of 2007 8
(1) Temporary grading in fhe Floodplain approved by the Floodplain
Administrator, in which the site is returned to its existing grade and
conditions;
(2) Utility construction/maintenance wifhin the Floodplain approved by the
Floodplain Administrator which is deemed to have an insignificant impact
fo the 100 Year Floodplain;
(3) Streambank stabilization within the foodp/ain approved by the
Floodplain Administrator and is deemed to have an insignificant impact to
the Floodplain;
(4) Public Infrastructure construction/mainfenance approved by the
Floodplain Administrator including but not limited fo roads, bridges,
recreation paths, walks, stream drop structures, and stream erosion control
measures which are deemed fo have an insignificant impact to the
Floodplain;
b. Floodplain Use Permit Application Submittal Requirements: Applicants shall
provide the following information prior to design review or any review by
the Planning and Environmental Commission:
(1) Site plan at an engineering scale showing the location, dimensions, and
elevations of the proposed landscape/grade alterations, existing and
proposed structures, relevant landscape/topographic features, and the
location of the foregoing in relation to the one hundred year f/oodp/ain. The
f/oodp/ain line shall be provided on a plan certified by a licensed
professional engineer or land surveyor.
(2) Detailed topographic cross-sections provided by a licensed professional
surveyor of the area proposed to be altered, showing existing and
proposed conditions.
(3)Descripfion of fhe extent fo which any foodp/ain will be altered
including; why, when, how, and when if will be replaced back fo its original
configuration, and addressing each relevant criteria in Subsection 12
21-
11 E-3.
(4)Copy of all other necessary approved permits (i.e. Building permit, Public
Way permit, ACOE permit, Dewatering permit, DOW permit, CDHPE permit,
etc..)
(5) If required by the Floodplain Administrator, an engineered f/oodp/ain
analysis of the impacts to the f/oodp/ain prepared by a qualified licensed
professional engineer.
(6)Submitted application for a conditions/ FIRM and f/oodway revision
through FEMA, if applicable.
(7)Any additional information deemed necessary by the Floodplain
Administrator.
2. Floodplain Modification Permit
a. Purpose: A Floodplain Modification Permit is a permit to allow construction
of improvements and/or modifications fo the adopted f/oodp/ain for all other
uses, improvements, or modifications to or within the f/oodp/ain that do not
fall within the guidelines of fhe Floodplain Use Permit. However, no
habitable structures or improvements shall be allowed to be constructed
wifhin the Floodplain.
b. Floodplain Modification Application Submittal Requirements:
Ordinance No. 28, Series of 2007 9
Applicants shall provide the following information prior to design review or
any review by the Planning and Environmental Commission:
(1)E/evafion of the lowest floor (including basement and crawl space) of all
new and substantially improved structures within or adjacent to the
f/oodp/ain.
(2)Description of the extent fo which any f/oodp/ain will be altered including;
why, when, how, and when it will be replaced back to ifs original
configuration, and addressing each relevant factor in Subsection 12
21-11 E-
3.
(3)Signature of the owners of all property subject fo an impact by the
proposed improvement
(4)A site plan drawn to an engineering scale showing the location,
dimensions, and elevations of the proposed /andscape/grade alterations,
existing and proposed structures, relevant /andscape/topographic features,
and the location of the foregoing in relation to the one hundred year
Floodplain. The foodplain line shall be provided on a plan certified by a
licensed professional engineer or land surveyor.
(5)Detailed topographic cross-sections provide by a licensed professional
surveyor of the area proposed to be altered, showing existing and
proposed conditions.
(6)Copy of all other necessary approved permits (i.e. Building permit, Public
Way permit, ACOE permit, Dewatering permit, DOW permit, CDHPE permit)
(7)An engineered foodp/ain analysis of the impacts to the foodp/ain
prepared by a qualified licensed professional engineer.
(8)Copy of submitted application for a conditional FIRM and floodway
revision through FEMA, if applicable.
(9) Environmental Impact Report, per Chapter 12-12, Vail Town Code.
(10)Any additional information deemed necessary by the Floodplain
Administrator.
3. Review, Criteria and Findings: At the discretion of the Floodplain
Administrator, Floodplain Use Permits maybe reviewed by the Floodplain
Administrator or the PEC. All Floodplain Modification Permits shall be
reviewed and approved by the Floodplain Administrator and the PEC.
a. Criteria: The following factors shall be used fo make a determination in
issuance of Floodplain Permits:
(1) The effects upon the efficiency or capacity of the F/oodway;
(2)The effects upon persons and personal property upstream, downstream
and in the immediate vicinity;
(3)The effects upon the one hundred year flood profile and channel
stability;
(4)The effects upon any tributaries to the main stream, drainage ditches and
any other drainage facilities or systems;
(5)The danger fo life and property due to flooding or erosion damage;
(6)The susceptibility of the proposed improvements and its contents to
flood damage and the effect of such damage on the individual owner;
(7)The danger that materials maybe swept onto other lands to the injury of
others;
(8)The compatibility of the proposed use with existing and anticipated
development;
Ordinance No. 28, Series of 2007 10
(9)The safety of access fo the property in times of flood for ordinary and
emergency vehicles;
(10)The costs of providing governmental services during and after flood
conditions including; maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas, electrical and water
systems;
(11)The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
(12)The effect the proposed changes will have any adverse environmental
effect on the watercourse, including without limitation, erosion of
streambanks and streamside trees and vegetation and wildlife habitat;
(13)The necessity to the facility of a waterfront location, where applicable;
(14)The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
(15)The relationship of the proposed use to the comprehensive plan for that
area.
b. Findings: The following findings shall be made before granting of a
floodplain permit:
(1) That the proposed use or modification adequately addresses the
findings in Subsection 12
21-11E-3A, as determined by the F/oodp/ain
Administrator. ,unless the applicant can demonstrate that one or more of
the standards is not applicable, or that a practical solution consistent with
the public interest has been achieved.
(2j That the proposed use or modification 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
(3) That the proposed use or modification is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and
(4) That the proposed use or modification 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.
4. Permit Fees: The town council shall set a floodplain permit schedule sufficient
to cover the cost of town staff time, consultant fees, and incidental expense.
5. Expiration of Permit: Floodp/ain Permits shall expire two (2) years after its date
of issuance if the permittee has not started construction under the permit.
F. Provisions for Flood Hazard Reduction
1. General Standards: In all areas of special flood hazards, the following
provisions are required for all new construction and substantial improvements:
a. Habitable structures or improvements shall NOT be permitted to be
constructed within the one-hundred year floodplain. Improvements that may
be approved for construction within the one-hundred year floodplain include:
(1) Temporary grading in the F/oodp/ain approved by the F/oodp/ain
Administrator, in which the site is returned to ifs existing grade and conditions;
Ordinance No. 28, Series of 2007 11
(2)Utility construction/maintenance within the Floodp/ain approved by the
F/oodplain Administrator which is deemed fo have an insignificant impact fo
the F/oodp/ain;
(3)Streambank stabilization within the f/oodp/ain approved by the F/oodplain
Administrator and is deemed to have an insignificant impact to the F/oodp/ain;
(4)Public Infrastructure construction/maintenance approved by the F/oodp/ain
Administrator including but not limited to roads, bridges, recreation paths,
walks, stream drop structures, and stream erosion control measures which are
deemed to have an insignificant impact fo the Floodp/ain.
b. An insignificant impact to the Floodp/ain shall be defined as: An improvement
in the f/oodp/ain that is a public benefit that meets the criteria set out in
Subsection 12
21-11F-1A and causes no negative impacts fo adjacent
properties and no permanent localized cumulative increase in the adopted
Base Flood Elevations (BFE) greater than 0.25' vertical feet. The applicant
shall apply for a conditional FIRM and f/oodway revision through FEMA, if
applicable.
c. All new structures or improvements, unless otherwise specifically provided for
within Phis Chapter, shall not influence the 100-year f/oodp/ain and shall
maintain a minimum clear distance from the 100-year f/oodp/ain of one (1) foot
in both the horizontal and vertical directions.
d. Floor plans and elevations illustrating that the lowest floor elevations including
basement, of the new or substantially improved structure, shall be elevated to
of least one foot (1) above the base flood elevation.
e. All approved new or modified improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse or lateral movement of
the improvement resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
f. All new approved construction or modified improvements shall be constructed
by methods and practices That minimize flood damage;
g. All new approved construction or modified improvements shall be constructed
with materials resistant to flood damage;
h. All existing non-conforming structures located within the 100 year floodp/ain
That may require maintenance shall not negatively impact the adopted BFE's or
adjacent properties in anyway, unless as provided by Subsection 12:21-11 F-
1A.; and shall increase conformity and flood protection as required by the
F/oodp/ain Administrator (i.e. f/oodproofing, flotation prevention, flood
resistant materials, etc...).
i. All existing non-conforming structures that may require maintenance to
operational systems that are within the floodp/ain shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding.
j. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
k. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and,
Ordinance No. 28, Series of 2007 12
1. On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
2. Standards For Areas Of Shallow Flooding (AO/AH Zones)
Located within the areas of special flood hazard established in Subsection 12
21-
118, are areas designated as shallow flooding. These areas have special flood
hazards associated with base flood depths of 1 to 3 feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and where
velocity flow maybe evident. Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply:
a. All new construction and substantial improvements of residential structures
have the lowest floor (including basement) elevated above the highest adjacent
grade at least as high as the depth number specified in feet on the
community's F1RM (at least two feet if no depth number is specified).
b. All new construction and substantial improvements ofnon-residential
structures; have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in feet
on the community's FIRM (af /east two feet if no depth number is specified), or;
together with attendant utility and sanitary facilities be designed so fhaf below
the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads of effects of
buoyancy.
c. A registered professional engineer or architect shall submit a certification fo
the Floodp/ain Administrator that the standards of this Chapter are satisfied.
d. Require within Zones AH or AO adequate drainage paths around structures on
slopes, to guide floodwaters around and away from proposed structures.
3. Floodways: F/oodways -located within areas of special flood hazard
established in Subsection 12
21-118, are areas designated as f/oodways. Since
the floodway is an extremely hazardous area due to the velocity of floodwaters
which carry debris, potential projectiles and erosion potential, the following
provisions shall apply:
a. Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory floodway
unless it has been demonstrated Through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
b. If Subsection 12
21-11 F above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of Subsection 12
21-11F.
c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Regulations, a community may permit encroachments within the
adopted regulatory floodway that would result in an increase in base flood
elevations, provided fhaf the community first applies for a conditional FIRM
and floodway revision through FEMA.
Section 6. Section 12-21-12 is hereby amended as follows:
1^_^.
Ordinance No. 28, Series of 2007 13
~f~1966~e1evalieA: I
~fFH6>tlifE, a.
> >
f f ~
f
Section 7. Section 12-21-13 is hereby amended as follows:
~n n
Th-rrr~- viii $ ~ .
. /
Section 8. Section 12-21-14 is hereby amended as follows:
12-21-412: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES:
Section 9. Section 12-2-15 is hereby amended as follows:
i2-21-153: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS:
Section 10. Section 12-21-16 is hereby amended as follows:
12-21-154: RIGHT OF APPEAL:
Nothing in this chapter shall be deemed to deny any interested person his/her rights to
appeal the decision of the administrator in accordance with section 12-3-3 of this title. In
addition, nothing in this chapter shall be deemed to deny any interested person his/her
rights to seek a variance from the requirements of this chapter,
. Variances shall be governed by the
provisions of chanter 17 of this title.
Ordinance No. 28, Series of 2007 14
Section 11. Section 14-2-1 is hereby amended as follows:
Section 14-2-1: Definitions of Words and Terms
AASHTO: American Association of Sfate Highway and Transportation Officials
Section 12. Chapter 14-3 is hereby amended as follows:
Table 1: Drivewav/Feeder Road Standards
Single-family, Two-family,
Primary/Secondary Multiple Family Multiple Family
Standard -access to not more than 3 -access to 4 to 11 -access to more than 11
dwelling units (including dwelling units dwelling units
EHUs) -feeder road only -feeder road only
-structures and all portions
thereof within 150' from edge
of street pavement
Driveway/Feeder Road
Min. Width 12' 20' 22'
Normal -Access from feeder road Access from feeder to units
(Detail 1) to units shall comply with shall comply with single-family
single-family requirements contained herein
requirements contained
herein
Min. Width 15' 24' 24'
90° corner
(cross-over)
(Detail 2)
Min. Width 16' 24' 28'
Entrance/Curb-cut (flare to 16') (flare to 24' with 10' curb- (flare to 28' with 15' curb-return
(Detail 1) return radius) radius)
Max. Width 24' head in 36' 36'
Entrance/Curb-cut 48' back out
(Detail 3)
Min. Grade 0.5 % 0.5 % 0.5
Centerline
(Detail 4)
Max, Grade 10% unheated 9% unheated 9% unheated
Centerline 12% heated 12% heated 12% heated
(Detail 4) .
Max. Grade 8% unheated 8% unheated 8% unheated
Centerline 12% heated i2% heated 10% heated
Corner/Cross-over
(Detail 2)
Max. cross-slope grade 8 % 8 % 8
(Detail 1)
Ordinance No. 28, Series of 2007 15
Entry angle 45° 70° 70°
min. deflection for first
30' of driveway length
(Detail 5)
Max, centerline break- 14 % 6 % 4
over grade
(Detail 6)
Max. grade at edge of 8% 6% 4
public road asphalt
(Detail 4)
Max. length of max. 10' 15' 30'
grade at edge of public
road asphalt
(Detail 4)
Min. centerline turning 20' 30' 40'
radius
(Detail 7)
Table 2: Residential Access and Parking Standards
Single-family, Multiple Family
Two-family, Primary/Secondary Multiple Family -access to more than 11
Standard -access to not more than 3 -access to 4 to 11 dwelling units
dwelling units(inc EHUs) dwelling units -feeder road only
-structures and all portions -feeder road only
thereof within 150' from edge of
street pavement
Curb Cuts
Curb cuts permitted (number) I 1 per street per unit 12 per parcel I Minimum necessary for
Maximum of 2 curb cuts per lot adequate access
Parking Requirements
Min. horizontal clearance 24' N/A N/A
between garage doors
(parallel to road) to edge of
public street pavement
(Detail 3)
Min. horizontal clearance 5' 5' 5'
between required parking
space and edge of public
street or feeder road
pavement
Min. horizontal clearance N/A 2' from obstructions 5' from obstructions
from feeder road to 5' from buildings 10' from buildings
structures
/obstructions (e.g.,
guardrails, trees, retaining
walls, etc.)
(Detail 8)
Ordinance No. 28, Series of 2007 16
Parking space size 9' x 19' surface See Table 4, See Table 4,
9' x 18' enclosed Commercial/Multiple- Commercial/Multiple-
Family Parking Lot Family Parking Lot
Standards Standards
Sight distance triangle Forward Movement: 10' 10' perpendicular x 250' 10' perpendicular x 250'
(Detail 3) perpendicular x 250' lateral lateral or per AASHTO lateral {s#is~~se
Backward Movement: 15' x 250' intersection sighf
lateral or per AASHTO distance standards if
intersection sight distance required by the ~ysis~~ly~sem~y~lor per
standards if required by the Administrator. {s#~is# AASHTO intersection
Administrator. sighf distance
standards, if required
by the Administrator,
srs~plyl or by an approved
mitigation device.
Back-out!>•urn-around area 12' wide Back-out into right-of- Back-out into right-of-
(Detail 7) 20' centerline radius way prohibited way prohibited
Designed for 3 point turn or less Turn-around area: Car turn-around area:
Required when: 12' wide 12' wide
- cross-over angle is greater 20' centerline radius 20' centerline radius
than 120°; Designed for 3 point turn Designed for 3 point turn
- entry angle is less than 70°; or less or less
- accessing a collector, arterial, Truck turn-around area:
or commercial street; or Shall be designed so
- backout sight triangle trucks exit site forward
requirement is not met. as determined by traffic
engineer based on uses
proposed.
Driveway Pan (Drainage) 4' wide concrete pan at edge of 4' wide concrete pan at 8' wide concrete pan at
(Detail 1) asphalt for the full width edge of asphalt for the edge of asphalt for the
driveway pavement including full width driveway full width driveway
returns pavement including pavement including
returns returns
Section 13. Section 14-3-2 is hereby amended as follows:
14-3-2: Other Requirements:
H. Landscape and Other Improvements within or adjacent fo the Right of Way: All
improvements and landscaping within or adjacent to the Right of Way shall be
subject to Town of Vail approval and shall require a revocable right of way permit
to be recorded with Eagle County. The improvements shall adhere to the following
guidelines (Table 3) unless otherwise approved by the Administrator:
Ordinance No. 28, Series of 2007 17
Table 3: Improvements And The Right Of Wav
Improvement Min. Offsef from Min. Offset from
Edge of Public Edge of Public
road wa/k/path
Trees 10' 5'
Shrubs/perennia/s/annuals/etc... 5' 2'
Retaining walls & ofher 10' 5'
permanent obstructions
Water features, decks, patios, Not allowed in Not allowed in
parking, private signs, entry right-of-way right-of-way
features, gates, fences, private
li hts, cobble lined difches
Irrigation & Grass 2' 0'
Section 14. Section 14-4-1 is hereby amended as follows:
14-4-1: MINIMUM STANDARDS:
This section (table ~34) specifies residential fire department access standards for
residential development. These standards are subject to all conditions and exceptions
described herein. These standards shall be considered the minimum standards. When
two (2) or more standards conflict, the more restrictive standard shall apply.
TABLE? 4
RESIDENTIAL FIRE DEPARTMENT ACCESS STANDARDS
Section 15. Section 14-5-1 is hereby amended as follows:
14-5-1: MINIMUM STANDARDS: This section (table 5 specifies the parking lot
standards for all uses excluding residential uses under three (3) units and including, but
not limited to, commercial, retail, office, restaurant, institutional, hotel, accommodation,
and multiple-family development. These standards are subject to all conditions and
exceptions described herein. These standards shall be considered the minimum
standards. When two (2) or more standards conflict the more restrictive standard shall
apply.
TABLE 5 ~4: PARKING LOT DESIGN STANDARDS
Angle of Minimum Minimum Minimum
parking space One-way drive aisle Two-way drive Parking stall size and clearance
aisle
0° (parallel) 12' 22' 9' x 24'
45° 14' 22' 9'x 19'surface
9' x 18' enclosed
8' x 16' compact (up to 25 % of required parking
in lots with more than 15 parking spaces and
clearly marked as such)
7' height clearance for enclosed parking
Ordinance No. 28, Series of 2007 18
60° 16' 24' 9' x 19' surface
9'x i8' enclosed
8' x 16' compact (up to 25 % of required parking
in lots with more than i5 parking spaces and
clearly marked as such)
7' height clearance for enclosed parking
75° 19' 24' 9'x 19'surtace
9' x 18' enclosed
8' x 16' compact (up to 25 % of required parking
in lots with more than 15 parking spaces and
clearly marked as such)
7' height clearance for enclosed parking
90 ° 24' 24' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to 25 % of required parking
in lots with more than 15 parking spaces and
clearly marked as such)
7' height clearance for enclosed parking
Cross-over 4$' 17' ~4' 30' n/a
drive aisle
Drive aisle with 12' 22' n/a
no parking
Min. opening 12' 20' n/a
for a parking
structure
entrance
Section 16. Section 14-5-2 is hereby amended as follows:
14-5-2: OTHER REQUIREMENTS:
B.On Street Parking: On street parking is not permitted for private developments. All
public on street parking provided in the right of way shall meet the standards included
in this chapter (table 54).
K. Valet Parking: Valet parking shall be allowed, but shall not exceed fifty percent (50%)
of the required parking on site. Valet parking shall be calculated utilizing an eight foot
by eighteen foot (8' x 18) parking space for each car (parallel spaces must be 9' x
20). Cars maybe parked #aaele~ up to 4 cars deep in a valet lot stacked in a
manner in which any vehicles that may have to be temporarily moved by a valet
to gain access to another vehicle can be Temporarily parked in a location that
does not block public drive/pedestrian aisles or a designated parking space.
M. Parking Structure Ramp Grades: Table 6 (below) outlines requirements for
cross slope, ramp grade, and centerline grade break in parking structures.
Table 6: Parking Structure Ramp Grades
Parking Structure Ramp Maximum Maximum Ramp Maximum
Type Parking Space Grades Centerline
Cross s/oae Grade Break
Passenger Vehicle Only 6% 74% 8%
and Infernal fo Structure
Ordinance No. 28, Series of 2007 19
Passenger Vehicle Only 6% Unheated 9% 8%
and External (Exposed to Heated 12
weather)
CommerciaULoading & 6 % Unheated 9 % 6
Delivery Heated 12%
Section 17. 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 18. 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 19. 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 20. 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, 2007, and a
public hearing for second reading of this Ordinance set for the 18'h day of September, 2007, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordinance No. 28, Series of 2007 20
Rodney Slifer; Mayor
ATTEST: ~
~1~1N.~F.V,q
,r p.. i
•
Lorels¢i.,0rona~efson, Town Clerk AL
O~ORP
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 18`h day of September, 2007.
ney E. Slifer, p~layor
ATTESTr C1 OF
~~.p1..,....,, Lq~`
~ ~ -SEAL
elei onaldson, Town Clerk
~o
LORD
Ordinance No. 28, Series of 2007 21
2123
PROOF OF PUBLICATION
STATE OF COLORADO }
SS.
COUNTY OF EAGLE }
I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a
general circulation therein; that said newspaper has been published continuously and uninterruptedly in said
County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the
annexed legal notice or advertisement and that said newspaper has published the requested legal notice and
advertisement as requested.
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's
Home Rule provision.
That the annexed legal notice or advertisement was published in the regular and entire issue of every number of
said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in
the issue of said newspaper dated 9/22/2007 and that the last publication of said notice was in the issue of said
newspaper dated 9/22/2007.
In witness whereof has here unto set my hand thi 5th day of September, 2007
lam-,.
lisher/General Manager/Editor
Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 25"'day
of September, 2007.
p(,j~ / Pamela Joan Schult
Q'`Y;.••""•i.~/~ Notary Public
;
y~ n ~CH~~~ ~ My Commission expires: November 1, 2007
Y
W ~
•
~y.
Page C40 -Saturday, September 22, 2007 THE VAIL DAILY 970.949.0555/vaildaily.com
ORDINANCE N0.28 ship repair facilities, but does not include long-term storage or related manufacturing facilities.
SERIES OF 2007
(FLOODPLAIN HOUSEKEEPING ORDINANCE) HIGHEST ADJACENT GRADE -The highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
ORDINANCE N0.28, SERIES OF 2007, AN ORDINANCE TO AMEND CHAPTER 12-21, HAZARD REGULATIONS,
VAIL TOWM CODE, IN ORDER TO COMPLY WITH FEMA FLOODPLAtN REGULATIONS, AND TITLE 14, DEVEL- HISTORIC STRUCTURE -Any structure that is:
OPMENT STANDARDS HANDBOOK, VAIL TOWN CODE, FOR CLARIFICATIONS TO DRIVEWAY AND PARKING 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department
STANDARDS, AND SETTING FORTH DETAILS IN REGARD THERETO. of Interior) or preliminarily determined by the 5~... gory of the Interior as meeting the requirements for individual
listing on the National Register;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed 2. Cert'rfied or preliminarily determined by the Secretary of the Interior as contributing to the historical
amendments in accortlance with the provisions of the Vail Town Code of the Town of Vail; and significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modifica- registered historic district;
tions of these amendments at its August 27, 2007 meeting, and has submitted its recommendation to the Vail Town 3. Individually listed on a state inventory of historic places in states with historic preservation programs
Council; and which have been approved by the Secretary of Interior; or
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with q, classified as historically significant per Chapter 10-2, Special Historic and Architectural Structures,
the applicable elements of the adopted goals, objectives and policies outlined in the Vaii Comprehensive Plan and are Vail Town Code.
compatible with the development objectives of the Town; and
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general LEVEE - A man-made structure, usually an earthen embankment, designed and constructed in accordance with
purpose of Title 14, the Development Standards Handbook; and sound engineering practices to contain, control, or diver[ the flow of water so as to provide protection from tem-
WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, porery flooding.
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 residen- LEVEE SYSTEM - A flood protection system which consists of a levee, or levees, and associated structures, such
tial community of the highest quality; and as closure and drainage devices, which are constructed and operated in accordance with sound engineering
WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these practices.
amendments to the Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: LOWEST FLOOR -The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than abase-
Section 1. The purpose of this flootlplain housekeeping ordinance is to come into compliance with Federal Emergency ment area is not considered a building's lowest floor; provided that such enclosure is not built so as to render
Management Agency regulations, and to clarify parking and driveway standards in order to meet generally accepted the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood
engineering standards. (TOxt that is to be deleted is stricken. Text that is to be added is bold. Sections of text that are insurance Program regulations. -
not amended may be omitted.)
MEAN SEA LEVEL -For purposes of the National Flood Insurance Program, the
Section 2. Section 12-2-2 is hereby amended as follows: National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a
community's Flood Insurance Rate Map are referenced.
72-2-2: DEFINITIONS OF WORDS AND TERMS:
FLOOD HAZARD ZONE: i'haf-era „~„~,~.::,y :.a~~ dead ~a3~ a,za„a NEW CONSTRUCTION -For the purpose of determining insurance rates, structures for which the "start of con-
:.:~v #69 sf.,.ll:.mf4,..,,::r,y ;r,diea:.:J f,~.,c: ;,,~,.,aneetatefir+ar, <:,.;..~;a::,.i-warlF rnu,;~, ;.:.~-Reed-incur struction" commenced on or after the effective date of an initial FIRM, and includes any subsequent improve-
aneesWdy.-Fl.;; .;~:,;;~:azarv-z= ~I~_ ~::7-areaynd:;.,=t,:d ~:.'°I~;,~ph:.-. ~~fi..~.: L f th~Gere-~,~~I: ~1~~,1,:Iv:. r ments to such structures. For ffoodplain management purposes, "new construction" means structures for which
Infer, r~auvr, ncport, , ~ : ~fthis title- The land in the floodplain subject to a one the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements
percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood to such structures.
Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of
the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Ai-99, VO, V1-30, VE or V. ONE HUNDRED (100) YEAR FLOODPLAIN -See "Flood Hazard Zone" above.
FLOOD INSURANCE STUDY:-The official report provided by the federal emergency management agency that includes RECREATIONAL VEHICLE - A vehicle which is:
flood profiles and water surface elevation of the base flood as well as the Flood Bountlary-Flbodway Map. 1. built on a single chassis;
2, 400 square feet or less when measured at the largest horizontal projections;
Section 3. Section 12-21-2 is hereby amended as follows: 3. designed to be self-propelled or permanently towable by a light duty truck; and
4, designed primarily not for use as•a permanent dwelling but as temporary living quarters for recre-
12-21-2: DEFINITIONS: ational, camping, travel, or seasonal use
For the purposes of this chapter, the words contained in this section are defined as follows:
START OFCONSTRUCTION - (for other than new construction or substantial improvements under the Coastal
ALLUVIAL FAN FLOODING -Flooding occurring on the surface of an alluvial fan or similar landform, which Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit
originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment trans- was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement,
port, and deposition;.and unpredictable flow paths. or other improvement was within 180 days of the permit date. The actual star[ means either the first placement of
APEX - A oint on an alluvial fan or similar landform below which the flow ath of the ma'or Stream that formed Permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles,
P P 1 the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured
the fan becomes unpredictable and alluvial fan flooding can occur. home on a foundation. Permanent construction does not include land preparation, such as Clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for base-
AREA OF SHALLOW FLOODING - A designated AO, AH, or VO zone on a ment, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the
community's Flood Insurance Rate Map (FIRM} with a one percent chance or greater annual chance of flood- property of accessory buildings, such as garages or sheds not occupied as dwetlfng units or not part of the main
ing to an average depth of one to three feet where a clearly defined channel does not exist, where the path of structure. For a substantial improvement, the actual start of construction means the first alteration of any wall,
flooding is unpredictable and where velocity flow may be evident, Such flooding is characterized by ponding or ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of
sheet flow. the building. .
BASE FLOOD -The flood having a one percent chance of being equaled or ex..:.:~:..: in any given year. SUBSTANTIAL DAMAGE -Damage of any origin sustained by a structure whereby the cost of restoring the struc-
- A lure fo its before damaged condition would equal or exceed 50 percent of the market value of the structure before
BASEMENT -Any area of the bwltlmg navmg ns noon suo-g~aoo ~oo.o.,, y,o..,....e,.e., e.. a...ee- _a_ _ _ -
CRITICAL FEATURE - An integral and readily identifiable part of a flood protection system, without which the WATER SURFACE ELEVATION -The height, in relation to the National Geodetic
flood protection provided by the entire system would be compromised. Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies
in the floodplains of coastal or riverine areas.
DEVELOPMENT -Any man-made change in improved and unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or stor- Section 4. Section 12-21-10 is hereby amended as follows:
age of equipment or materials.
12-21-10: DEVELOPMENT RESTRICTED:
9 9 ~ t., :::::isfrl f.-.,. 5 k_ .::;.::i` Y.:_ .,,~'1, L, f~Y .....:.........a„.,o.~~a-
,L ' ~ ~ '
ELEVATED BUILDING - Anon-basement buildin i built, in the case of a buildin in Zones Al-3Q, AE, A, A99, r w ~ y-re:,..:... :.,:r ,
, Ter-rev:,..:...:.rtwro.:...:...iaH,,,~o.,:.,:afernc:f:.-.~~~~:~enee-withehapter-
AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, t~~-Qra,,,,,y, ,;,fliler e;,a„yam,,
or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the - - - - ~~_1 Y _ .r°:: :3' f r =r ° • 8I-~~-~~
ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and 'a; § '
(ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of Zones At-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" Section 5. Section 12-21-11 is hereby amended as follows:
also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient
to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, VE, or V, "elevated building" 12-21-11: FLOOD HAZARD ZONES AND FLOOD HAZARD STUDIES:
r, - - - r, e„v stadie-s::c,y„L:~.: o„~ oJ,p'<.:d ferthe t;,..,;.
also includes a building otherwise meeting the definttion of "elevated building," even though the lower area , _ Y.ue-(2) 3: x, ..a~a,.. n,a
is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the „ :a, d-ien~, f ; V deed-+nswa,,..~ .alt; ~aN,, a, o~
National Flood Insurance Program regulations. O°~ t,, t""" y'v°"""' 8~
D',:.. "c.er, -,..o;a .-i.,,ti,,:- - ~t_d;, „pa,,,ing-map, a,o I,o,V L,-adopted-and <7:. y--._d far
EXISTING CONSTRUCTION -For the purposes of determining rates, structures for which the "start of construe- an-sr,4 • ~ ,~:=t, ~ated ~,a;..•~~,r 1 ~8&{8r~1fifT'3fi3) 3 y u
lion" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as A. PURPOSE: Ta promote public health, safety and general welfare and to minimize public and private losses due
"existing structures." to flood conditions in specific areas by provisions designed to:
1. Protect human life and health;
FLOOD HAZARD ZONE: ?t.~*. ~:,.,:;,:~yFhe-basefleed. TY~ t~~-Heed srea+ss::; •-•~:aL~red-A;-A9-AH-eF 2. Minimize expenditure of public money for costly flood control projects; -
- „aM, ~„,,;;;,;,d ••~:I:.:::.r,, and-fleed-+nsuF 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
area-eH 00-yoa, ,:,.1.:.,.. fl:,.,~ing ,..,,,o,~,...,, ,,,,..,a, ,a.o ,
~See,d L,._a: ~ _c:,i isel;,~ 4r:, ~.•ee-ir,El::,.::cd the expense of the general public;
fn#ermat'_:: ^_r=:-;~;'~as~;~,;y„o;ed ;r, 12 P : tk:.; =`~~t=:. The land in the floodplain subject to a q, Minimize prolonged business interruptions;
one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood 5- Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and
Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of sewer lines, streets and bridges located in floodplains;
the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas
FLOOD OR FLOODING - A general and temporary condition of partial or complete inundation of normally dry land areas in such a manner as to minimize future flood blight areas;
- from: 7. Insure that potential buyers are notified that property is in a flood area.
1. the overflow of inland or tidal waters. 8. Insure that those who occupy the floodplain assume the responsibility for their actions;
2. the unusual and rapid accumulation or runoff of surface waters from any source. 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and
10. Obtain and maintain the benefits to the community of participating in the National Flood Insurance
FLOOD INSURANCE RATE MAP (FIRM) - An official map on Program.
which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community. B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard ident'died by the Federal Emergency Management Agency in a scienYdic and
.FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes engineering report entitled, "The Flood Insurance Study for Eagle County, Colorado and Incorporated Areas dated
flood profiles and water surface elevation of the base flood as well as the Flood Boundary-Floodway Map. December 4th, 2007, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM
and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter.
FLOODPLAIN OR FLOOD-PRONE AREA -Any land area susceptible to being inundated by water from any
source (see definttion of flooding). C. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR:
The Town Engineer or designee is hereby appointed the Floodplain Administrator to administer and implement the
FLOODPLAIN MANAGEMENT -The operation of an overall program of corrective and preventive measures for provisions of this chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regula-
reducing flood damage, including but not limited to emergency preparedness plans, flood control works and lions) pertaining to floodplain management.
floodplain management regulations.
D. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR:
FLOOD PROTECTION SYSTEM -Those physical structural works for which funds have been authorized, ap- Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:
propriated, and expended and which have been constructed specifically to modify flooding in order to reduce 1, Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and
of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or that the proposed improvement will lte reasonably safe from flooding.
dikes. These specialized flood modifying works are those constructed in conformance with sound engineering 3. Review, approve or deny floodplain use and modification permits to J ine whether proposed
standards. improvements meet the provisions of this chapter.
4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have beep
~ FLOOD PROOFlNG -Any combination of structural and non-structural additions, obtained from those federal, state, or local government agencies from which prior approval is required. Condi-
changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real tionaf floodplain use permits may be issued contingent upon receipt of the above-mentioned agency permits.
properly, water and sanitary facilities, structures and their contents. 5. Review and verify that no new habitable structure is constructed within the flood hazard zone.
6. Review and verify that's licensed professional engineer or professional land surveyor certify the loc.
FLOODWAY (REGULATORY FLOODWAY) -The channel of a river or other lion of the 100 year floodplain on all development applications that are adjacent to, or partially located within th
watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without 100 year floodplain, that are proposing improvements that may effect the floodplain.
cumulatively increasing the water surface elevation more than a designated height. 7. Where interpretation is needed as to the exact location of the boundaries of the areas of special floc
hazards (for example, where there appears to be a conflict L ..n a mapped boundary and actual field condi-
FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended lions) the Floodplain Administrator shall make the necessary int_.~.:<::on.
purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, 8. Notify, in riverine situations, adjacent communities and the Colorado Division of E...=.3=.-.; Man-
portfacilities that are necessary for the loading and unloading of cargo or passengers, and ship building and agement, prior to any alteration or relocation of a watercourse, and submit evidence,of such notification to the
THE VAIL DAILY 970.949.0555/vaildaily.com Saturday, September 22, 2007 -Page C4Y
Federal Emergency Management Agency. plain of one (t) foot in both the horizontal and vertical directions.
9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is d. Floor plans and elevations illustrating that the lowest floor elevations including basement,
maintained. of the new or substantially improved structure, shall be elevated to at least one foot (1') above the base
10. When base flood elevation data has not been provided in accordance with Subsection 12-21-11 B, the flood elevation.
Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway e. All approved new or modified improvements shall be designed (or modified) and adequately
data available from Federal, State or other source, in order to administer the provisions of Subsection 12-21-1f F. anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrody-
11. When a regulatory floodway has not been designated, the Floodplain Administrator must require namic and hydrostatic loads, including the effects of buoyancy;
that no new construction, substantial improvements, or other development (including fill) shall be permitted f. All new.approved construction or modified improvements shall be constructed by methods
within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the and practices that minimize flood damage;
proposed development, when combined with all other existing and anticipated development, will not increase the g. All new approved construction or modified improvements shall be constructed with materi-
water surface elevation of the base flood more than one foot at any point within the community. als resistant to flood damage;
12. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Fbod Insurance Program h. All existing non-conforming structures located within the 100 year floodplain that may
regulations, a community may approve certain development in Zones A130, AE, AH, on the community's FIRM require maintenance shall not negatively impact the adopted BFE's or adjacent properties in anyway,
which increases the water surface elevation of the base flood by more than one foot, provided that the community unless as provided by Subsection 12-21-11 F-1 A.; and shall increase conformity and flood protection as
first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). required by the Floodplain Administrator (i.e. floodproofing, flotation prevention, flood resistant materi-
als, etc...).
E. FLOODPLAIN PERMITS i. All existing non-conforming structures that may require maintenance to operational sys-
1. Floodplain Use Permit terns that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing,
a. Purpose: The Floodplain Use Permit is a permit to allow temporary grading within the floodplain and and air conditioning equipment and other service facilities that are designed and/or located so as to
allow for necessary public infrastructure improvements within the floodplain. A Floodplain Use Permi4 may be prevent water from entering or accumulating within the components during conditions of flooding.
issued under at least one of the following conditions: j. All new and replacement water supply systems shall be designed to minimize or eliminate
(1) Temporary grading in the Floodplain approved by the Floodplain Administrator, in which the site is returned to infiltration of flood waters into the system;
its existing grade and conditions; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
(2) Utility constructioNmaintenance within the Floodplain approved by the Floodplain Administrator which is infiltration of flood waters into the system and discharge from the systems into flood waters; and,
deemed to have an insignificant impact to the 100 Year Floodplain; I. On-site waste disposal systems shall be located to avoid impairment to them or contamina-
(3) Streambank stabilization within the floodplain approved by the Floodplain Administrator and is deemed to have lion from them during flooding.
an insignificant impact to the Floodplain; 2. Standards For Areas Of Shallow Flooding (AOIAH Zones)
(4) Public Infrastructure construction/maintenance approved by the Floodplain Administrator including but not Located within the areas of special flood hazard established in Subsection 12-21-11 B, are areas desig-
limited to roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures Hated as shallow flooding. These areas have special flood ha;ards associated with base flood depths
which are deemed to have an insignificant impact to the Floodplain; of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredict-
b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information- able and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow;
prior to design review or any review by the Planning and Environmental Commission: therefore, the following provisions apply:
(1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape! a. All new construction and substantial improvements of residentia! structures have the low-
grade alterations, existing and proposed structures, relevant landscapeftopographic features, and the location of est floor (including basement) elevated above the highest adjacent grade at least as high as the depth
the foregoing in relation to the one hundred year floodplain. The floodplain line shall be provided on a plan certi- number specified in feet on the community's FIRM (at least two feet if no depth number is specified).
fled by a licensed professional engineer or land surveyor. b. All new construction and substantial improvements of non-residential structures; have the
(2) Detailed topographic cross-sections provided by a licensed professional surveyor of the area proposed to be lowest floor (including basement) elevated above the highest adjacent grade at least as high as the
altered, showing existing and proposed conditions. depth number specified in feet on the community's FIRM (at least two feet if no depth number is speci-
(3)Description of the extent to which any floodplain will be altered including; why, when, how, and when it will be fied), or; together with attendant utility and sanitary facilities be designed so that below the base flood
replaced back to its original configuration, and addressing each relevant criteria in Subsection 12-21-11 E-3. level the structure is watertight with walls substantially impermeable to the passage of water and with
(4)Copy of all other necessary approved permits (i.e. Building permit, Public Way permit, ACOE permit, Dewater- structural,components having the capability of resisting hydrostatic and hydrodynamic loads of effects
ing permit, DOW permit, CDHPE permit, etc...) of buoyancy.
(5) If required by the Floodplain Administrator, an engineered floodplain analysis of the impacts to the floodplain c. A registered professional engineer or architect shall submit a certification to the Floodplain
prepared by a qualified licensed professional engineer. Administrator that the standards of this Chapter are satisfied.
(6)Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. d. Require within Zones AH ar AO adequate drainage paths around structures on slopes, to
(7)Any additional information deemed necessary by the Floodplain Administrator. guide floodwaters around and away from proposed structures.
2. Floodplain Modification Permit 3. Floodways: Floodways -located within areas of special flood hazard established in Subsection 12-
a. Purpose: A Floodplain Modffication Permit is a permit to allow construction of improvements and/or 21-11 B, are areas designated as floodways. Since the floodway is an extremely hazardous area due to
modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following
floodplain that do not fall within the guidelines of the Floodplain Use Permit. However, no habitable structures or provisions shall apply:
improvements shall be allowed to be constructed within the Floodplain. a. Encroachments are prohibited, including fill, new construction, substantial improvements
b. Floodplain Modification Application Submittal Requirements: and other development within the adopted regulatory floodway unless it has been demonstrated
Applicants shall provide the following information prior to design review or any review by the Planning and Envi- through hydrologic and hydraulic analyses performed in accordance with standard engineering practice
ronmental Commission: that the proposed.encroachment would not result in any increase in flood levels within the community
(1)Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved struc- during the occurrence of the base flood discharge.
lures within or adjacent to the floodplain. b. If Subsection 12-21-11 F above is satisfied, all new construction and substantial improve-
(2)Description of the to which any floodplain will be altered including; why, when, haw, and when it will be ments shall comply with all applicable flood hazard reduction provisions of Subsection 12-21-11 F.
replaced back to its original configuration, and addressing each relevant factor in Subsection 12-21-11E-3. c. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance
(3)Signature of the owners of all property subject to an impact by the proposed improvement. Regulations, a community may permit encroachments within the adopted regulatory floodway that
(4)A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed would result in an increase in base flood elevations, provided that the community first applies for a
landscape/grade alterations, existing and proposed structures, relevant landscapeftopographic features, and the conditional FIRM and floodway revision through FEMA.
location of the foregoing in relation to the one hundred year Floodplain. The floodplain line shall be provided on a
plan certified by a licensed professional engineer or land surveyor. Section 6. Section 12-21-12 is hereby amended as follows:
(5)Detailed topographic cross-sections provide by a licensed ,..,.:~~sional surveyor of the area proposed to be
altered, showing existing and proposed conditions. r, :2: I ; .^.T'i~^.'t.S'iE,^,.
(6)Copy of all other necessary approved permits (i.e. Building permit, Public Way permit, ACOE permit, Dewater- F,~«,.: 3~ • • fl~:aESn,
ing permit, DOW permit, CDHPE permit) - • ~ a ~ - - r
lrtsin engmeerea noooptam analysis of the impacts to the ftoodplain prepared by a qualrfied licensed professional irwue:3t-iiear~levet;,,,,, ;,,,,;,..::.:y 5~;.=.:._.:, t °=-.1 ~:'vatian-
engineer. _
..:.::~..:.~or~,~-3a~~:°..:.~F:...r..,.:.Keen;;~,°;,,,.:,~a'R;.::,L.~:;E4eieHewirfg`
(ti)Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. 3. E..y;.;~ared-,1..:..:..y~ ' ' f:~'= _'.-atK•~ ,-•-r~~_~shu~re+vilFu= °„~~ered~~
(g) Environmental Impact Report, per Chapter 12-12, Vail Town Code. prevent-fietetie.,, ~:;Lr:;.;,:...::aferaFmeveme-f. 9_
= ~ =Sac= `:..:.~~°~.~r°w-:y= ~::a11 L.:°, fl-..> mot.:...,. _
(10)Any additional information deemed necessary by the Floodplain Administrator. s-r:.y;~::.•:.~, ;,.~E:.~-~-~ ~..y°
3. Review, Criteria and Findings: At the discretion of the Floodplain Administrator, Floodplain Use ...:.c: ,r:°,.3 and-eEevatie„° :;:mss:, °.+ng-that f` _ - _a: fie... wi:J..,; ieWrfin~~.°c;;.o;;:; ef-H-•::.'.: w~kxe-
Permits may be reviewed by the Floodplain Administrator or the PEC. Ail Floodplain Modification Permits shall be s'.,:.II a:;; sted3e-aFle~<,t ;,.:c "c=t ;1'j ~L=.e the ba'.,:. _ , :.+err.-
reviewed and approved by the Floodplain Admi... ,.F,ar and the PEC. 3-v2imcaii,.,,r..,°~, ..~.Ettieato : fe, ,°.,tiaNy : =•=~-s=~-~t_.=, f. =.ement-
a. Criteria: The following :4,.~...:; shalt be used to make a determination in issuance of Floodplain Per- +aeat;..,, ..~,Y,~atc-~;aR; e,;:.:°.•:c~ yy ~ , J, c V? • •a~~E~=~ • tc r~P~P-L~~+~~°~~~
mils: 1':.:.=.:a=: - Jtility-sewiee;;,, °b..aE ...:.......:.vnis;-lawestii,,,,. ~I,: ~:iarrar~reaf+;,:y°°,~..°.,.,.,.'P,:.
(1) The effects upon the efficiency or capacity of the Floodway; °,nP 3-reQis°°, N,~;"'"~^`~sa~e~
{2)The effects upon persons and personal property u,.°.. ~dm, downstream and in the immediate vicinity;
(3)The effects upon the one hundred year flood profile and channel stability; Section 7. Section 12-21-13 is hereby amended as follows:
(4)The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or
systems; i£ C1 ' 2LT:C3
(5)The danger to life and property due to flooding or erosion damage; =rn~oo',;es~i e-ai• • •:•::z:•'a#aFShalF~e-ta`
(6)The susceptibility of the proposed improvements and its contents to flood damage and the effect of such dam- Pr. -Revfew-aiFbuild:.:~ ~~piieatien° ~.,°..,~theFtpetegt.:• z•+•L. •
age on the individual owner; l~--Reaiewim{ .....:....:..:Nee°.;..,, ..o.:i[',..:.:,::, t:..:._L:.tantiaH; sHue1..:=;, t:, : nsur° ;fle-lawest-
(7)The danger that materials may be swept onto other lands to the injury of others; Hear-eievatian-has{.°~„ :::.:.:Redt.. •:.:..tt ;i') at,:..;. Y.:c :._c=r°=_~~levetierr.-
{B)The compatibility of the proposed use with existing and anticipated development; S..t,, r; W, ~.;;,,.°I ,~;,,.,t-ta-f#+e-federal ,,.,.,;,y:..,aym°,:wy:..,::.: <:yc•:;,, :,.Kr+eerning HeeE #zar~
(9)The safety of access to the property in times of flood for ordinary and emergency vehicles; ,,,°.,°y:.,, •~•iE erlcfdeveier::.=. t, ~~Eivet3+-
(10)The costs of providing governmental services during and after flood conditions including; maintenance and
repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; Section 8. Section 12-21-14 is hereby amended as follows:
(11)The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; 12-21-1412: RESTRICTIONS IN SPECIFIC ZONES ON EXCESSIVE SLOPES:
(12)The effect the proposed changes will have any adverse environmental effect on the v...:~.....~rse, including
without limitation, erosion of streambanks and streamside trees and vegetation and wildlife hab'dat; Section 9. Section 12-2-15 is hereby amended as follows:
(13)The necessity to the facility of a watertront location, where applicable;
(14)The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 12-21-163: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS:
(15)The relationship of the proposed use to the comprehensive plan for that area.
b. Findings: The folowing findings shalt be made before granting of a Floodplain permit: Section 10. Section 12-21-16 is hereby amended as follows:
(1) That the ,.,..,...wed use or modification adequately addresses the findings in Subsection 12-21-11E3A, as
determined by the Floodplain Administrator. ,unless the applicant can demonstrate that one or more of the stan- 12-21-1.64: RIGHT OF APPEAL:
Bards is not applicable, ar that a practical solution consistent with the public interest has been achieved. Nothing in this chapter shall be deemed to deny any interested person his/her rights to appeal the decision
(2) That the proposed use or modffication is consistent with the adopted goals, objectives and policies outlined in of the administrator in accordance with section 12-3-3 of this title. In addition, nothing in this chapter shall be
the Vail comprehensive plan and compatible with the development objectives of the town; and deemed to deny any interested person his/her rights to seek a variance from the requirements of this chapter,
(3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the l.~ :.°~.:.+L,;. ~ ft= ~~ca-fleedelevo::..,, ,.,~,s°~:. .,-~:.MY-
surrounding areas; and ..tl= ,;,,y ° ; 30-, :.~.1==}. Variances shall be governed by the provisions of chanter 17
(4) That the proposed use or modidication promotes the health, safety, morals, and general welfare of the town and of this title. .
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. Section 11. Section 14-2-1 is hereby amended as follows:
4. Permit Fees: The town council shall set a ftoodplain permit schedule sufficient to cover the cost of Section 14-2-1: Definitions of Words and Terms
town staff time, consultant fees, and incidental expense.
AASHTO: American Association of State Highway and Transportation Officials
5. Expiration of Permit: Floodplain Permits shall expire two (2) years after its date of issuance if the
permittee has not started construction under the permit. Section 12. Chapter 14-3 is hereby amended as follows:
Table 1: Driveway/Feeder Road Standards
F. Provisions for Flood Hazard Reduction Standard Single-famiy, Muttiplc Family
1. Gam..;,. ~1 Standards: In all areas of special flood hazards, the following provisions are required for all new Two-family, Primary/ Muldple Family -access [o more than 11 dwelNng unNs
construction and substantial improvements: secondary -access to a ro 11 dwemng ;
feeder mad Dory
a. Habitable structures or improvements shat) NOT be permitted to be constructed within the one-hum- -access co na more urins
dyed ear flood lain. Im rovements that ma be a proved for construction within the one-hundred ear flood- than's dweuiny unfls -feeder mad only
y p p y p Y (including EHUs)
plain include: -structu.es and an
(1) Temporary grading in the Floodplain approved by the Floodplain Administrator, in which the site is returned to portions thereof
within 150' from edge
Ys existing grade and conditions; of street pevemem
2)lltility constructioNmatntenance within the Floodplain approved by the Floodplain Administrator which is
deemed to have an insignificant impact to the Floodplain;
r,3)Streambank stabilization within the ftoodplain approved by the Floodplain Administrator and is deemed to have Driveway/Feeder Road
•n insignificant impact to the Floodplain;
")Public Intrastructure constructioNmaintenance approved by the Floodplain Administrator including but not Min. Width 1z•w zo• zz'
=sited to roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures Normal -Access from feeder road -Access tram feeder to units shaft comply wRh sirgle-
~hich are deemed to have an insignficant impact to the Floodplain. (Dates 1) sorg~r em
N ~
i~wim lenity requirements contained herein
An insignificant impact to the Floodplain shall be defined as: An improvement in the Foodplain that comainetl Herein
a public benefit that meets the crkeria set out in Subsection 12-2t-11 F-1 A and causes no ~ :impacts to
,djacent properties and no permanent localized cumulative increase in the adopted Base Flood Elevations (BFE)
rester than 0.25' vertical feet. The applicant shall apply for a conditional FlRM and Floodway revision through
EMA, 'd applicable.
All new structures or improvements, unless otherwise specifically provided for within this Chapter,
1a11 not influence the 100-year toodplatn and shall maintain a minimum clear distance from the 100-year fiood-
iPage C42 -Saturday, September 22, 2007 THE VAIL DAILY 970.949.0555/vaiidaiiy.com
Min. width 15' 2a' 2q~ standards are subject to all conditions and exceptions described herein. These standards shall be considered the minimum
so° comer standards. When two (2) or more standards conflict, the more restrictive standard shall apply.
(cross-over)
TABLE 3 4
(Detail 2) RESIDENTIAL FIRE DEPARTMENT ACCESS STANDARDS
Min. Width 1s' za 26' Section 15. Section 14-5-1 is hereby amended as follows:
EntrancefCurb-cut (flare to 16') (flare to 24' with 10' curb- (flare to 28' with 75' curb-return radius)
{Detail 1) return radius)
14-5-1: MINIMUM STANDARDS: This section (table 5 4) specifies the parking lot standards for all uses excluding resi-
dential uses under three (3) units and including, but not limited to, commercial, retail, office, restaurant, institutional, hotel,
Max. Width 24' head in s6' ss' accommodation, and multi le-farm! develo ment. These standards are subject to all conditions and exce ttons described
Enhance/Curb-cu[ 48' back out P Y p ) p
(Detail s> herein. These standards shall be considered the minimum standards. When two (2) or more standards conflict the more
restrictive standard shall apply.
Min. Grade 0.5% 0.5
% 0.5%
centerline TABLE 5 4: PARKING LOT DESIGN STANDARDS
(Detail 4)
Angle of Minimum Minimum Minimum
Max. Gratle 10%unheated 9% unheated s%unneated ~ parking space One-way drive aisle Two-way drive aisle Two-way drive aisle
Centedine t2% heatetl 12% heated 12% heatetl
(Detail4) 16%heatetl and
engineered with flat 0° (parallel} 12' 22' 9' x 24'
mcovery auras
45° 14' 22' 9' x 19' surface
9' x 18' enclosed
_ Max. Grade 8% unhealed 8% unheated 8% unheated 8' x 16' COmpaCt (up f0
Centedine 12% heated 12% heatetl 1lY/ heatetl 25% of re wired Arkin
Comer/Cross-over q p g
in lots with more than 15
(Detail 2)
parking spaces and
clearly marked assuch)
Max. cross-sape grade e % e % e% 7' height clearance for
(Detail 1)
enclosed parking
Table 2: Residential Access and Parking Standards 60° 16' 24' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to
Single-family, Multiple Family 25 % of required parking
Two-famiy, Primary/Sec- Multiple Family -access to more than 11 in lots with more than 15
Standard ondary. -access to 4 to 11 dwelling dwelling units parking spaces and
-access to not more than 3 units -feeder road only clearly marked as such)
dwelling units(inc EHUs) -feeder road only 7' height clearance for
-structures and all portions enclosed parking
thereof within 150' from
edge of street pavement
75° 22' 19' 24' 9' x 19' surface
9' x 18' enclosed
Curb Cuts 8' x 16' compact (up to
25% of required parking
in lots with more than 15
Curb cuts permitted 1 per street per unit 2 per parcel Minimum necessary for parking spaces and
Deady marked as such)
(number Maximum of 2 curb cuts adequate access 7' height clearance for
per lot
enclosed parking
Parking Requirements g0° 24' 24' 9' x 19' surface
9' x 18' enclosed
8' x 16' compact (up to
Min. horizontal clearance 24' WA WA 25 % of required parking
between garage doors in lots with more than 15
(parallel to road) to edge of parking spaces and
public street pavement clearly marked as such)
(Detail 3) 7' height clearance for
enclosed parking
Min. horizontal clearance 5' S' S' '
between required parking Cross-over drive aisle i8' 1T ~ 30' Na
space and etlge of public ~ Drive aisle with 12' 22' Na
street or feeder road pave-
ment no parking
Min. horizontal clearance WA 2' from obstructions 5' from obstructions Min. opening for a parking 12' 20' Na
trom teener roan [0 5' from ouua~ngs w from ouudmgs structure entrance
structures I ~ I
/obstructions (e. g.,
guardrails, trees, retaining
walls, etc.)
(Detail 8)
Parking space size 9' x t 9' surface Soe Table 4, CommerciaU See Table 4, CommerciaU
9' x 18' enclosed Multiplo-Family Parking Lot Multiple-Family Parking Lot
Standards Standards Section 16. Section 14-5-2 is hereby amended as follows:
Sight distance triangle Forward Movement: t0' t0' perpendicular x 250' 10' perpendicular x 250'
(Detail 3) perpendicular x 250' lateral lateral or per AASHTO in- lateral { ...:.ianee 14-5-2: OTHER REQUIREMENTS:
Backward Movement: tersection sigh distance ,~,,,,,,,;,~err B.On Street Parking: On street parking is not permitted far private developments. All public on street parking provided in
15' x 250' lateral or per standards 'd required by sitesrre; ~a~{!y the right of way shall meet the standards included in this chapter (table 5 4}.
AASHTO i...~. ,<_.:on the Administrator.{strieF jor per AASHTO In- K.Valet Parking: Valet parking shall be allowed, but shall not exceed fifty percent (50 of the required parking on sfte.
sigh distance standards tersection sigh distance Valet parking shall be calculated utilizing an eight foot by eighteen foot (8' x 1 B') parking space for each car (parallel
if required by the Admin- c.,_::_~ standards, rf required by spaces must be 9' x 20'). Cars may be parked t.,;,:.-.-. up to 4 cars deep in a valet lot stacked in a manner in which any
istretor. kryslrgsieeHy eemply) the Administretor, or by vehicles that may have to be temporarily moved by a valet to gain access to another vehicle can be temporarily
(;,;.:~t c:,::. I::.:.t;, ,~ay,ret an approved mitigation rked in a location that does not block ubRc dnve/,..:.::.~:~ tan aisles o? a desi noted
Ix, •:.:,..:::.tl :.:yes-net- device. ~ P 9 parking space.
LI- _ rl. 3~? M. Parking Structure Ramp Grades: Table 6 (below) outlines requirements for cross slope, ramp grade, and cen-
v terline grade break in parking structures.
Back-outlTum-around area 12' wide Back-out into right-of-way Back-out into right-of-way Table 6: Parking Structure Ramp Grades
(Detail 7) 20' centerline ratlius prohibited prohibited
Designed for 3 point turn Tum-around area: Car turn-around area: Parking Structure Ramp Maximum Maximum Ramp Grades Maximum Cemedine
or less 1 Z' wide 12' wide Type Parking Space Cross ~ Grade Break
Required when: 20' centerline radius 20' centerline radius slope
-cross-over angle is Designed for 3 point turn Designed for 3 point turn
greater than 120°; or less or less
-entry angle is less than Truck turn-around area: Passenger Vehicle Only 6% 14% 8
70°; Shalt be designed so trucks and Internal to Structure
- accessing a collector, exit site forward as deter-
arterial, or commercial mined by traffic engineer passenger Vehicle Only 6% Unheated 9% 8
street; or based on uses proposed. and External (Exposed to Heated 12%
- backout sight triangle weather)
requirement is not met.
CommerciaUloading & 6% Unheated 9% 6%
Delivery Heated 12%
Driveway Pan (Drainage) 4' wide concrete pan at 4' wide concrete pan at 8' wide concrete pan at
(Detail 1) edge of asphalt for the full edge of asphalt for the full edge of asphak for the full
width driveway pavement width driveway pavement width driveway pavement
_ inclSding returns including returns including returns Section 1Z If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such deci-
sion 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 invafid
Section 13. Section 14-3-2 is hereby amended as follows: Section 18. The Town Council hereby itnds, 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.
14-3-2: Other Requirements: Section 19. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has
H. Landscape and Other Improvements within or adjacent to the Right of Way: All improvements and accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any outer
landscaping wthin or adjacent to the Right of Way shall be subject to Town of Vail approval and shall re- action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not
quire a revocable right of way permit to be recorded with Eagle County. The improvements shall adhere revive any provision or any ordinance previously repealed or s~.r_.,°d~ unless expressly crated herein.
to the following guidelines (Table 3) unless otherwise approved by the Administrator. Section 20. 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 dtereol; theretofore _
Table 3: Improvements And The Right Of Way repealed
Improvement Min. Offset from Edge of Public Min. Offset horn Edge of Public INTRODUCED, READ ON FIRST READING, APPROVID, AND ORDERID PUBLISHED ONCE IN FULL ON FIl2ST READ-
road walkfpadt ING this 4th day of September, 2007, and a public hearing for second reading of this Ordinance set for the 18th day of September,
2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Trees 10' S' Rodney E. Slifer, Mayor
- Shrubs/perennialsfannuals/etc... 5' 2' ATTEST: '
' Lorelei Donaldson, Town Clerk
Retaining walls & other pennaneM 10' S'
obstructions
INTRODUCED, READ, AlH3PT'ED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th ~
Water features, decks, patios, Not allowed in rigMot-way Not allowed in right-of-way , t
panting, private signs, entry fea- ~ day of September, 2007.
lures, gates, fences, private lights, Rodney E. Slifer, Mayor ~
cobble lined ditches ATTEST: 6
Lorelei Domldson, Town Clerk ~
Irrigation & Grass 2' 0'
Section 14. Sedan 14-4-1 is hereby amended as follows: Published in the Vail Daily September 22, 2007. j,
This section (table 34) s,.,,_..._~ residential fire department access standards for residential devekpment These