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(A) Maps adopted. The following maps are hereby adopted as the official maps of the town, identifying areas of geologic sensitivity:
(1) The debris flow and debris avalanche hazard analysis map prepared by Arthur I. Mears, P.E., Inc., and dated November 1984;
(2) The rockfall map prepared by Schmueser and Associates, Inc., and dated November 29, 1984; and
(3) All areas within the boundaries of the geologic hazards map, figure 3, prepared by Lincoln DeVore Engineers, Geologists and dated August 16, 1982.
(B) Investigation.
(1) In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purpose of this section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this section shall be prepared by a “professional geologist”, as defined by C.R.S. § 23-41-208, as amended, or a “registered professional engineer”, as defined by C.R.S. § 12-120-202, as amended, under the direction of and at the expense of the owner/applicant and submitted to the Department of Community Development.
(2) The extent of the site specific ecologic investigation required shall be determined by the geologist or engineer who is responsible for the investigation; however, the investigation shall be of sufficient thoroughness and accuracy to allow such expert to certify to the following:
(a) For all structures other than single-family and two-family dwellings, and “accessory uses” thereto as defined in § 12-6C-4 of this code:
1. Whether the geologic conditions are such that the site can or cannot be developed for the specific structure or use proposed without corrective engineering or engineered construction, or other mitigation or alterations; or
2. Whether corrective engineering or engineered construction, or other mitigation or alterations can or cannot be accomplished to reduce the danger to the public health, safety or to property due to problems related to geologic sensitivity to a reasonable level, and not increase the hazard to other properties or structures, or to public buildings, rights-of-way, roads, streets, easements, utilities or facilities or other properties of construction.
(b) For single-family and two-family dwellings, and “accessory uses” thereto as defined in § 12-6C-4 of this title, the site specific geologic investigation shall certify to the following:
1. Whether the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations; or
2. That the site is a geologically sensitive area but development will not increase the hazard to other property or structures, or to public buildings, rights-of-way, roads, streets, easements, utilities or facilities or other properties of any kind.
(C) Development plan or building permit. Following the completion of the site specific geological investigation and its review by the Department of Community Development, a development plan may be approved or a building permit may be issued as follows.
(1) For all structures other than single-family and two-family dwellings, and “accessory uses” thereto as defined in § 12-6C-4 of this title.
(a) If the conclusion of the engineer or geologist performing the investigation is that the site can be developed for the specific structure or activity proposed without corrective engineering or engineered construction or other mitigation or alterations, the subdivision plan or building permit or grading permit may be approved without conditions relating to the mitigation of the areas of geologic sensitivity.
(b) If the finding of the engineer or geologist performing the geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished to reduce the danger to the public health and safety or to property to a reasonable level, and such mitigation does not increase the hazard to other property or structures, or to public buildings, roads, streets, rights-of-way, easements, utilities or facilities, approval of the development plan and/or the issuance of the building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering and engineered construction or other litigation or alterations as set forth in this title.
(c) If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure or use proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated to a reasonable level, the subdivision plan or building permit or grading permit shall be denied.
(2) For single-family and two-family dwellings, and “accessory uses” thereto as defined in section 12-6C-4 of this title.
(a) If the conclusion of the engineer or the geologist performing the investigation is that the site can be developed for the specific structure or use proposed without corrective engineering or engineered construction or other mitigation or alterations, or that the site is a geologically sensitive area, but will not increase the hazard to other property or structures or to public buildings, roads, streets, rights-of-way, easements, utilities or facilities, a grading permit or building permit may be issued.
(b) If the finding of the engineer or geologist performing the site specific geologic investigation is that the site is a geologically sensitive area, but that corrective engineering or engineered construction or other mitigation or alterations can be accomplished so that there is no increased hazard to other property or structures, or to public buildings, roads, streets, rights-of-way, easements, utilities or facilities, the issuance of a building or grading permit shall be conditional and contingent upon approval of plans for corrective engineering or engineered construction or other mitigation or alterations as set forth in this section.
(c) If the conclusion of the geologist or engineer performing the site specific geologic investigation is that the site cannot be developed for the structure proposed because the danger posed by the geologically sensitive area cannot be reduced or mitigated so that the hazard to other properties or structures will not increase from the present level or the hazard to public buildings, roads, streets, rights-of-way, easements, utilities and facilities will not increase from the present level, then the building permit or grading permit shall be denied.
(D) Construction requirements. The following requirements shall pertain to the construction of any building or structure to be built in an identified or designated area of geologic sensitivity and which requires corrective engineering or engineered construction or other mitigation or alterations to reduce the danger to public health and safety or to property due to such problems as set forth in subsections (C)(1)(b) or (C)(2)(b) of this section:
(1) The certified site specific reports and plans required by this subsection (D) shall be prepared by each engineer and geologist as applicable to their area of expertise and specialty and shall certify that:
(a) Adequate base data as may be pertinent has been provided;
(b) Said base data is utilized in the design and planning of the proposed project or structure;
(c) Design and construction procedures derived from said base data are executed; and
(d) Design and construction will reduce danger to the public health, safety or property due to geologic sensitivity to a reasonable level.
(2) No certificate of occupancy, temporary or permanent, shall be issued until the following have been approved by the Department of Community Development or its authorized representatives:
(a) Inspection and certification by the Town Building Official and the engineer or geologist who prepared the plans and specifications that the work was properly performed in accordance with the plans and specifications;
(b) If the engineer, geologist or Building Official of the town finds that the work is not being done in accordance with the approved plans and specifications, the discrepancy shall be reported immediately in writing to the contractor and to the Department of Community Development. Recommendations for corrective measures, if necessary, shall also be submitted; and
(c) All geologic reports prepared under this section shall be signed by and prepared by or under the responsible direction of “professional geologists” as defined by C.R.S. § 34-1-201, as amended. Such professional geologist shall be experienced and competent in the geologic specialty required to meet the objectives of this chapter. Such professional geologist shall be responsible for certification of all geologic maps and reports prepared by him or her under his or her responsible direction as specified in this section. All engineering reports required by this section shall be done by a “registered professional engineer” as defined by C.R.S. § 12-25-102, as amended.
(E) Existing uses continued; exceptions. Existing use of land, structures or premises which are not in conformity with the provisions of this regulation may be continued, except for the following.
(1) No building permit will be issued for the exterior expansion, alteration or addition to existing structures in geologically sensitive areas except for windows, skylights and other similar minor alterations unless the requirements of subsections (B) through (D) of this section are complied with.
(2) Structures existing on the effective date hereof which are damaged or destroyed may be reconstructed without compliance to this section as long as said structure complies with other applicable ordinances and is constructed to substantially the same dimensions as existed prior to damage or destruction, unless given approval by the town to alter the design.
(F) Notice requirements. In order to provide reasonable notice to the public of the problems related to geologically sensitive areas, the following notice regulations and requirements are hereby adopted for all real property and structures located in geologically sensitive areas.
(1) All subdivision plats recorded after the effective date hereof shall identify and designate each lot and block, or portions thereof, located within any geologically sensitive area, together with applicable subzone designations, by a stamp or writing in a manner providing reasonable notice to interested parties.
(2) All plans submitted after the effective date hereof with the building permit application for property within said areas shall be stamped by the applicant “Geologically Sensitive Area” together with the applicable zone designation.
(3) Prior to the issuance of any building permit for construction within the geologically sensitive areas, the owner shall submit a written, signed and notarized affidavit certifying acknowledgment of receiving personal notice of the fact that said building or structure is in an area of geologic sensitivity and notice of the studies conducted to date with regard thereto.
(4) All owners, lessors or agents who rent, lease or sublet any structure or premises within an area of geologic sensitivity shall provide the tenant, lessee or subtenant with written notice that said property is located within said area prior to any lease being entered into or occupancy, whichever occurs first, if said rental lease or sublease will extend into the period of April 1 through July 1 of any year.
(5) Each and every real estate agent, salesperson and broker, and each and every private party who offers for sale or shows a parcel of real estate and/or structure for sale within said area of geologic sensitivity, shall provide the prospective purchaser, with written notice that said real property and/or structure is located within said area of geologic sensitivity. Furthermore, written notice shall be made in all instances prior to the execution of any sales documents and shall state that this section and the studies and maps referred to in this section are available for public inspection at the office of the Department of Community Development and that said maps, studies and this section should be reviewed prior to any party entering into any agreement or contract with regard thereto.
(G) Disputes; procedure. In any case where a person wishes to dispute the designation of any property as a geologically sensitive area by one of the maps and studies adopted by this section, the following procedures shall be followed.
(1) A written application shall be filed with the Department of Community Development requesting such a hearing and providing a supporting site specific geologic investigation.
(2) A hearing shall be set on a date a minimum of 30 days after the application has been filed to allow for a staff review.
(3) At the hearing before the Town Council, the applicant shall be given a reasonable opportunity to present his or her case and submit technical and geologic evidence to support his or her claim. If the site specific geologic investigation establishes by clear and convincing evidence that the property should not be designated as a geologically sensitive area, the Town Council shall direct the Department of Community Development to amend the map appropriately.
(H) Additions to maps. In any case where a person wishes to have one of the official maps adopted by this title amended to notate more detailed site specific information is available, the following procedure shall be followed.
(1) A written application shall be filed with the Department of Community Development requesting such a hearing and providing a supporting site specific geologic investigation.
(2) A hearing shall be set on a date not less than 30 days after the application has been filed nor more than 60 days to allow for a staff review.
(3) If the applicant establishes at the hearing by clear and convincing evidence that the information contained in the site specific geologic investigation is reliable, the Town Council shall direct the Department of Community Development to keep a copy of said site specific investigation on file in the Department of Community Development and available to the general public and shall further direct the Department of Community Development to notate the appropriate official map adopted by this chapter so that it indicates that said site specific investigation is on file with the Department of Community Development.
(Ord. 5(1985) § 5; Ord. 20(1985) § 1; Ord. 29(2005) § 46; Ord. 28(2007) § 9; Ord. 9(2022) § 3)
(A) Nothing in this chapter shall be deemed to deny any interested person his or her rights to appeal the decision of the Administrator in accordance with § 12-3-3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his or her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of Chapter 17 of this title.
(B) Variances specific to § 12-21-11, “Flood Hazard Zones”, of this chapter shall be governed by Chapter 17 of this title and may be granted under the following conditions.
(1) The Appeal Board may grant variances and place conditions upon them as it deems necessary to further the purpose and objectives of this chapter as stated in § 12-21-11(B) of this chapter.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the national register of historic places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(Ord. 19(2013) § 3)
(A) The entirety of the Town of Vail lies within a wildfire hazard area. The natural vegetation surrounding and throughout the community is dependent on wildfire for regeneration and ecosystem health. The ecosystem is dependent upon infrequent, high severity stand replacing wildfire. Wildfires of this character can carry over many thousands of acres and burn for several weeks. Besides substantial flaming fronts, fires of this nature frequently send large quantities of embers miles outside of the main fire perimeter igniting additional spot fires. Due to the long and narrow layout of the town, no location within the town limits is outside the potential ember fall area from a wildfire.
(B) Structures built within the town shall be constructed and landscaped in a manner to resist ignition from wildfire flames and embers. Specific requirements for ignition resistant construction and landscaping are in Title 10, Chapter 1; Title 12, Chapter 11; and Title 14, Chapter 10 of this code.
(Ord. 19(2019) § 9)
(A) Purpose. The purpose of this section is to protect the public health, safety and welfare by ensuring the resiliency of Gore Creek and its named tributaries and by mitigating hazards associated with the deterioration of Gore Creek and its named tributaries.
(B) Applicability. This section shall apply to all property located within 25 feet of the TYFL, in whole or in part; provided that this section shall not apply to any stream tract already protected by of Title 5, Chapter 14 of this code of ordinances.
(C) Setbacks.
(1) No mowing, landscaping, grading or other disturbance shall be permitted within ten feet of the TYFL, other than:
(a) Removal of noxious weeds pursuant to § 5-1-6;
(b) With prior approval of the Vail Fire Department, removal of vegetation for purposes of fire mitigation;
(c) With approval of the Design Review Board, the installation and maintenance of one access path per lot or parcel, of up to four feet in width, consisting of permeable materials including without limitation native soils, sand and gravel or flagstone set in a permeable base;
(d) Public roadways, public bridges, public recreational paths and trails, public parks and open spaces;
(e) Utility infrastructure within utility easements;
(f) With approval of the Design Review Board, erosion control measures, stream grade-control structures and riparian restoration activities that conform with bank stabilization best management practices; and
(g) Buildings, structures, fences, walls, patios, walkways, landscaping features, furniture and similar improvements lawfully existing on the effective date of the ordinance codified in this Section, which improvements shall be subject to Chapter 18 of this Title 12.
(2) No building or structure shall be located within 25 feet of the TYFL, other than:
(a) With approval of the Design Review Board, those items listed in § 14-10-4; and
(b) Buildings and structures lawfully established on the effective date of the ordinance codified in this section, which improvements shall be subject to Chapter 18 of this Title 12.
(D) Corrections.
(1) If a property owner wishes to correct the location of a designated TYFL affecting such property owner’s property, the property owner shall submit sufficient documentation to the Community Development Department to support the property owner’s corrected delineation of the TYFL. The submittal shall comply with all of the following standards.
(a) The submittal shall include a survey stamped by a licensed Colorado surveyor.
(b) The survey shall include at least three cross sections, perpendicular to the flow of the stream, in the same vertical and horizontal datum as that referenced in the town’s data set, extending from beyond the 100-year flood line on one bank to beyond the 100-year flood line on the opposite bank and including all stream channels. The three cross sections shall be taken at each property boundary and the center of the property.
(c) The survey shall include an adequate number of elevation points for each cross section to accurately reflect the contours of the stream bed.
(d) The survey shall tie into National Geologic Survey control points.
(e) The submittal shall include a site map or aerial image showing locations of stream cross sections, and photographs of the location of each stream cross section.
(f) The submittal shall include a model of the TYFL using the Hydrologic Engineering Center’s River Analysis System (“HEC-RAS”), stamped by a professional engineer.
(2) Within 30 days of receipt of a complete submittal, the town shall correct the location of the TYFL on the property as indicated on the submittal.
(E) Variances. The setbacks set forth in this Section are subject to the variance process set forth in Chapter 17 of this Title 12.
(F) Violation and penalty.
(1) It is unlawful for any person to violate any provision of this section.
(2) It is unlawful for any person to re-channel or modify Gore Creek or any of its named tributaries so as to avoid application of this section.
(3) Each separate act in violation of this section and each and every day or portion thereof during which any separate act in violation of this section is committed, continued or permitted shall be deemed a separate offense.
(4) Violations of this section shall be punishable as provided in Title 1, Chapter 4 of this code of ordinances.
(Ord. 6(2022) § 3) Penalty, see § 1-4-1