(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