Definitions not provided herein shall be as defined in Title 12, “Zoning Regulations”, and Title 13, “Subdivision Regulations”, of this code.
AASHTO. American Association Of State Highway And Transportation Officials.
ACCESS GRADE. The slope of a road, street, driveway, or other means of access, as measured from the back side of pan along the centerline of the means of access. Grade shall be measured in increments of 20 horizontal feet.
ACCESS GRADE CHANGE. The algebraic sum of the difference of two separate grades.
ARCHITECTURAL PROJECTION INTO SETBACK. Distance which an architectural projection (i.e., roof eave) may encroach into setback.
BMPs. Best management practices, which are accepted industry standards.
BACKOUT/TURNAROUND AREA. An area appropriately designed for a vehicle to back out and turn around in a driveway or feeder road so that the vehicle can enter the public street facing forward.
BATTER. The slope of the face of a retaining wall measured in units horizontal to units vertical.
BOULDER RETAINING WALLS. Retaining walls that use boulders as the means to structurally retain the earth.
BUILDING CODE. The Building Code, as published by the International Code Council, 4051 West Flossmor Road, Country Club Hills, IL 60478-5795.
BUILDING HEIGHT. The distance measured vertically from any point on a proposed or existing roof or eave to the existing (natural) or finished grade (whichever is more restrictive) located directly below said point of the roof or eave. Within any building footprint, height shall be measured vertically from any point on a proposed or existing roof to the existing grade directly below said point on a proposed or existing roof.
BUILDING SETBACKS. A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on a lot.
CPESC. Certified professional in erosion and sediment control.
COLORADO DISCHARGE PERMIT SYSTEM (CDPS). State of Colorado regulation (5 C.C.R. § 1002-61) and as amended which covers discharges from specific types of industries including construction sites, and storm sewer systems for municipalities as part of the water quality control division (division) under the Colorado Department of Public Health and Environment (CDPHE).
COMBINATION RETAINING WALL. A series of multiple retaining walls acting as one wall structurally.
CONSTRUCTION ACTIVITY. Includes clearing, grading and excavation activities. CONSTRUCTION does not include routine maintenance performed by public agencies, or their agents to maintain original line and grade, historical hydraulic capacity, or original purpose of the facility.
CRITICAL ROOT ZONE. Area critical to existing vegetation to ensure its existence.
CROSSOVER (SWITCHBACK OR 90 DEGREE TURN). The area on a driveway where the turning angle of the centerline of the driveway curvature is 90 degrees or greater.
CROSSOVER AISLE. The drive aisle where a 90 degree or greater turn is required by a vehicle to change drive aisles.
CURB CUT. The location where a driveway, parking area or feeder road connects to a public street or feeder road.
DECK SETBACK (GROUND LEVEL). A line or location within a lot or site which establishes the permitted location of an at grade (within five feet of grade) deck or patio on a lot.
DECK SETBACK (NOT GROUND LEVEL). A line or location within a lot or site which establishes the permitted location of an above grade (greater than five feet above grade) deck or balcony on a lot.
DEFENSIBLE SPACE. An area around structures where non-fire wise plant material capable of causing a fire to spread have been modified, cleared or reduced to act as a barrier between an advancing fire and resources or lives at risk.
DEMO/REBUILD. The destruction, demolition or removal of 50% or more of the gross residential floor area of an existing dwelling unit or structure. The determination of the 50% shall be calculated upon “gross residential floor area” as defined in Title 12, “Zoning Regulations”, of this code.
DENSITY. The number of dwelling units allowed per lot or the number of dwelling units allowed per acre.
DESIGN REVIEW BOARD (DRB). The Board established pursuant to Title 3, Chapter 4 of this code.
DEVELOPMENT. Defined in Title 12, Chapter 2 of this code.
DISTURBED AREA. That area of the land’s surface disturbed by any work or activity upon the property by means including, but not limited to: grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. DISTURBED AREA does not include the tillage of land that is zoned for agricultural use. It also does not include performance of emergency work necessary to prevent or ameliorate an immediate threat to life, property, or the environment. Any person performing such emergency work shall immediately notify the Town Engineer of the situation and the actions taken. The Town Engineer may, however, require such person to obtain a stormwater quality permit to implement remedial measures to minimize erosion resulting from the emergency.
DRAINAGE. Surface water runoff or the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.
DRAINAGEWAY. Any natural or artificial stream, swale, creek, river, ditch, channel, canal or other open intermittent watercourse.
DRIVEWAY. A paved all weather driving surface on private property which provides access to three or fewer dwelling units (including EHUs). DRIVEWAYS generally provide access to individual dwelling units.
DRIVEWAY PAN. A concrete drainage structure which conveys water; located where a driveway or feeder road connects with the public street.
DWELLING, MULTIPLE-FAMILY. Defined in Title 12, Chapter 2 of this code.
DWELLING, SINGLE-FAMILY. Defined in Title 12, Chapter 2 of this code.
DWELLING, TWO-FAMILY. Defined in Title 12, Chapter 2 of this code.
DWELLING UNIT. Defined in Title 12, Chapter 2 of this code.
EHU. Defined under “Employee Housing Unit (EHU)” in Title 12, Chapter 2 of this code.
ENTRY ANGLE. The angle created at the intersection of the centerline of the public roadway and the centerline of the first 30 feet of feeder road or driveway.
EROSION. The process by which the ground surface is worn away by action of wind, water, gravity or a combination thereof.
EROSION AND SEDIMENT CONTROL PLAN. A plan to minimize erosion and on site sedimentation resulting from construction activities. The plan should include detailed information about the site; planned construction activities and best management practices (BMPs) to implement that can minimize on site erosion and transport of sediment off site during construction.
EXPOSED FACE. The area of a wall exposed from the finished grade line to the top of the wall. The cumulative exposed bench face of combination walls.
FEEDER ROAD. A paved all weather road or driveway on private property which accesses four or more dwelling units (including EHUs). Driveways to individual dwelling units generally connect to the FEEDER ROAD.
FENESTRATION. The design and placement of windows in a building.
FINAL STABILIZATION. When all soil disturbing activities at the site have been completed, and uniform vegetative cover has been established with a density of at least 70% of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. For purposes of this section, establishment of a vegetative cover capable of providing erosion control equivalent to preexisting conditions at the site is considered final stabilization.
FIRE CODE. The Fire Code, as published by the International Code Council, 4051 West Flossmor Road, Country Club Hills, IL 60478-5795.
FIRE WISE PLANT MATERIALS. As outlined in the latest version of Colorado State Forest Service Publication #6.305, Fire Wise Plant Materials.
FLOOR AREA, GROSS.
(1) The total floor area within the enclosing walls of a structure including without limitation the following:
(a) Areas specifically designed and used for mechanical equipment to operate the building;
(b) Stairways;
(c) Elevators;
(d) Common hallways;
(e) Common lobbies;
(f) Common restrooms;
(g) Areas designed and used for parking;
(h) Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed 5% of the total proposed net floor area for office and not to exceed 8% of the total proposed net floor area for retail; and
(i) Areas that may be deducted from the gross residential floor area per § 12-15-3 of this code.
(2) COMMON AREAS are spaces for which all occupants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas.
FRONTAGE. The portion of a lot which fronts on a public or private street.
GUARDRAILS. A rail placed on the edge of a roadway, on bridges, driveways and the like, as a safeguard against vehicular egress of said roadway.
HEATED DRIVES. Driveways which have subterranean heat producing mechanisms to aid in melting snow and ice.
LAND DISTURBING ACTIVITIES. Any mechanical activity which alters the surface of the earth and exposes the same to the elements of wind, water or gravity. LAND DISTURBING ACTIVITIES include grading, filling, excavating, and soil storage. Agricultural activities are exempt from this definition.
LANDSCAPE AREA. The area of a site not covered by buildings, driveways and covered walkways. Core development (hardscape) such as walks, decks, patios, terraces, water features and like features shall also be considered landscape area as long as they do not exceed 20% of the landscape area.
LANDSCAPING. Planted areas and plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, together with core development such as walks, decks, patios, terraces, water features and like features not occupying more than 20% of the landscaped area. For the purposes of this title, natural or significant rock outcroppings, trees or native vegetation shall be deemed landscaping in hillside residential, single-family residential, primary/secondary residential, two-family residential, residential cluster, and low density multi-family zone districts.
LOT or SITE. Defined in Title 12, Chapter 2 of this code.
LOT SIZE. The required size of a buildable lot or site.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A system of conveyances owned and operated by the Town of Vail used in the collection, treatment or disposition of storm, flood or surface drainage waters, including human-made structures and natural watercourses and/or floodplains for the conveyance of runoff, such as detention or retention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, rivers, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch basins, inlets, pumping plants and other equipment and appurtenances and all extensions, improvements, remodeling, additions and alternations thereof; and any and all rights or interests in such stormwater facilities, and which is not used for collecting or conveying sewage.
OSHA. Occupational Safety and Health Administration. A regulatory office of the U.S. Department of Labor.
ONE-HUNDRED (100) YEAR FLOODPLAIN. The area adjoining a river, stream or watercourse covered by water in the event of a flood, having a 1% chance of being equaled or exceeded in magnitude in any given year.
OPERATOR. The individual who has day to day supervision and control of activities occurring at the construction site. This can be the owner, the developer, the general contractor or the agent of one of these parties, in some circumstances. It is anticipated that at different phases of a construction project, different types of parties will satisfy the definition of an OPERATOR and the pertinent portions of any applicable State of Colorado permit will be transferred as the roles change.
ORDINARY HIGH WATER MARK. The line between upland and bottomland which persists through successive changes in water levels, below which the presence and action of the water is so common or recurrent that the character of the land is marked distinctly from the upland and is apparent in the soil itself, the configuration of the surface of the soil and the vegetation. On an inland lake which has a level established by law, it means the high established level. Where water returns to its natural levels as the result of the permanent removal or abandonment of a dam, it means the natural ordinary high water mark.
PE STAMPED DESIGN. A design that is stamped, signed and dated by a professional engineer.
PERMANENT SLOPE PROTECTION MEASURES. Used on slopes to permanently stabilize the slope and prevent erosion.
PERMANENT SOIL EROSION CONTROL MEASURES. Those control measures which are installed or constructed to control soil erosion and which are maintained after completion of all grading and earth disturbance activities.
PLANNING AND ENVIRONMENTAL COMMISSION (PEC). The Commission established by Title 3, Chapter 2 of this code.
POINT SOURCE. Any discernible, confined and discrete conveyance from which pollutants are or may be discharged. POINT SOURCE discharges of stormwater result from structures (e.g., roofs, roads, sidewalks, parking lots and the like) which increase imperviousness of the ground which acts to collect runoff, with runoff being conveyed along the resulting drainage or grading pattern.
PROFESSIONAL ENGINEER (PE). A current State of Colorado registered professional engineer, practicing in their known expertise.
PROPERTY OWNER. The record owner of the property or properties, who is the responsible party for the Town of Vail stormwater quality permits.
PUBLIC WAY. Any public street, easement, right-of-way, highway, alley, way, place, road or bike path, and any nonexclusive utility easement.
RECEIVING WATER. Any water of the State of Colorado into which stormwater related to construction activities discharges.
RETAINING WALL. Any slope greater than one to one (1:1).
RIDGE. The uppermost, horizontal external angle formed by the intersection of two sloping roof planes.
RIPARIAN ZONE. The area located between the water’s edge of aquatic ecosystems (rivers, streams, lakes, ponds, springs and seeps) and upland areas, whose soils allow for or tolerate a high water table, and provide sufficient moisture in excess of that otherwise available locally so as to provide a more moist habitat than that of contiguous floodplains and uplands.
(1) RIPARIAN AREAS are composed of interacting assemblages of plants, animals and aquatic communities whose presence is either directly or indirectly attributed to water influenced or water related factors. RIPARIAN AREAS produce a diversity of vegetative forms, sizes and species and a density of vegetation that makes them among the most productive habitats for wildlife.
(2) Areas exempt from this definition are human-made agricultural structures and devices such as irrigation ditches, sprinklers and artificial ponds, except when mitigation requires creation or replacement of wetlands and/or riparian areas.
ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and roof deck. A ROOF ASSEMBLY includes the roof deck, vapor retarder, substrate or thermal barrier, insulation, vapor retarder and roof covering.
ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance.
SATELLITE DISH ANTENNA. Defined in Title 12, Chapter 2 of this code.
SETBACK. Defined in Title 12, Chapter 2 of this code.
SETBACK AREA. Defined in Title 12, Chapter 2 of this code.
SETBACK LINE. Defined in Title 12, Chapter 2 of this code.
SETBACK LINE, FRONT. Defined in Title 12, Chapter 2 of this code.
SETBACK LINE, REAR. Defined in Title 12, Chapter 2 of this code.
SETBACK LINE, SIDE. Defined in Title 12, Chapter 2 of this code.
SIGHT DISTANCE TRIANGLE. The line of sight to the right and left of a driver sitting in a car three feet above the driveway or access road preparing to enter the public road. The driver must be able to see 250 feet in either direction to an object three feet above the asphalt of the public road in the oncoming lane.
SITE COVERAGE. Defined in Title 12, Chapter 2 of this code.
SLOPE. Defined in Title 12, Chapter 2 of this code. Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term SLOPE. In determination of SLOPE as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each 100 square foot grid portion of the tract, lot or portion thereof.
(1) EXISTING, NATURAL. The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site or parcel.
(2) GRADED, FINISHED. The gradient or configuration of the land surface following improvement of a lot, site, or parcel.
SOLAR ENERGY DEVICE. A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and comprises part of a system for the conversion of the sun’s radiant energy into thermal, chemical, mechanical or electrical energy.
SPILL. An unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the state.
SQUARE AREA. The area required to be accommodated completely within a lot’s boundaries in order for the lot to be buildable; expressed as a square.
STAGING AREA. A dedicated or designated space that is intended for use by the Fire Department, sufficiently large enough to provide for adequate operation.
STORMWATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER MANAGEMENT PLAN (SWMP). A written plan to minimize pollutants in stormwater discharged from construction sites as required under the Colorado discharge permit system (CDPS) general permit for stormwater discharges associated with construction activity. This plan includes a site description and map, identifies best management practices for implementation at the site and identifies maintenance and inspection requirements for these best management practices.
STORMWATER QUALITY CONTROL PLAN. A plan to control pollutants transported in stormwater prior to pollutants entering waterbodies. Stormwater quality control plans in the context of these regulations refer to postdevelopment stormwater flows, rather than stormwater flows under construction conditions. Stormwater quality control plans should be based on best management practices (BMPs) such as avoiding direct discharge into waterbodies, minimizing directly connected impervious area, use of detention ponds and other BMPs.
STREET, PRIVATE. Any street not dedicated to the public for purposes of vehicular or pedestrian use.
STREET, PUBLIC.
(1) The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel; and
(2) The entire width of every way declared to be a public highway by any law of this state; and further classified and defined as follows.
(a) ARTERIAL STREETS. Those which permit the relatively rapid and unimpeded movement of large volumes of traffic from one part of the community to another.
(b) COLLECTOR STREETS. Those which collect traffic from minor streets and carry it to arterial streets or to local traffic generators. COLLECTOR STREETS include the principal entrance streets to a residential development, those linking such adjacent developments, and those streets providing circulation within such developments.
(c) MINOR STREETS. Those used primarily for direct access to properties abutting the right-of-way. MINOR STREETS carry traffic having an origin or destination within the development and do not carry through traffic.
TEMPORARY GRADING. Grading performed to accommodate construction.
TEMPORARY SLOPE PROTECTION MEASURES. Used on slopes to reduce erosion and assist in reestablishing vegetation.
TEMPORARY SOIL EROSION CONTROL MEASURES. Interim control measures which are installed or constructed and maintained whenever grading or other earth disturbance is to occur for the purpose of soil erosion control until permanent soil erosion control is effected.
THREE POINT TURN. The ability to completely turn a vehicle using a maximum of four movements which creates the three points when the total turning movement is laid out.
TOPOGRAPHIC SURVEY. A study conducted that produces a map of a lot or lots showing elevation from some fixed reference point.
VALET PARKING. A service provided with or without a fee where vehicle is dropped at a designated location and an employee drives said vehicle to a parking space.
VALLEY. The internal angle formed by the intersection of two sloping roof planes.
WETLANDS. As determined by the Army Corps of Engineers or qualified environmental consultant, those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions.
(1) WETLANDS generally include swamps, marshes, bogs and similar areas.
(2) For purposes of these regulations
WETLANDS do not include areas that are saturated solely by the application of agricultural irrigation water. Human-made lakes and ponds built for the purpose of detaining runoff are not considered WETLANDS in the context of these regulations.
(Ord., 9-21-1999; Ord. 29(2005) § 79; Ord. 3(2007) § 2; Ord. 27(2007) § 2; Ord. 28(2007) § 11; Ord. 3(2008) § 2; Ord. 3(2010) § 2; Ord. 5(2011) § 1; Ord. 15(2019) § 2; Ord. 19(2019) § 10; Ord. 14(2015) § 1)