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When used in this title, the following words and phrases shall have the specific meanings as defined in this chapter:
ACCEPTED, ROADS AND STREETS: When used in regard to roads and streets, shall mean written acceptance of the road or street by the town engineer as per the design standards (chapter 10 of this title).
ADEQUATE ACCESS: Compliance with chapter 10 of this title as it relates to private streets and drives.
ADJACENT: When used with respect to a lot or property ownership, shall mean all properties with a common point or line to the subject property and the property which would have a common point or line with the subject property if a public vehicular right of way separating the properties were not there.
ADMINISTRATOR: The administrator of the department of community development or his/her designee.
AGGRIEVED OR ADVERSELY AFFECTED PERSON: Any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons.
AS BUILT PLAN: The final development plan that reflects the constructed subdivision.
BIKE PATH: A corridor for use by bicycles and pedestrians, prohibited for use by motorized vehicles.
BLOCK: An area of land within a subdivision which is entirely bounded by streets, highways, natural boundaries or the exterior boundary or boundaries of the subdivision.
BUILDING: Any structure having a roof supported by columns or walls, or any other enclosed structure, for the housing or enclosure of persons, animals or property.
BUILDING CONNECTION SEWER: A sewer within a public street or right of way, proposed to connect any parcel, lot, or part of a lot with a main line sewer.
BUILDING SEWER: A sewer, wholly within private property, proposed to connect any building to a building connection.
BYLAWS: Shall refer to the bylaws of the unit owners' association or corporation.
COMMUNITY APARTMENT: A development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this title for condominium units.
CONDOMINIUM CONVERSION: The development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures.
CONDOMINIUM PROJECT: The entire parcel of real property, including all structures thereon, to be divided into two (2) or more units for the purpose of constructing or converting existing structures to condominium units.
CONDOMINIUM UNIT: An individual air space unit together with the interest in the common elements appurtenant to such unit.
CONDOMINIUMS: A building containing condominium units which means an individual air space unit (any enclosed room or rooms occupying all or part of a floor or floors in a building of one or more floors to be used for residential, professional, commercial, or industrial purposes which has access to a public street) together with the interest in the common elements appurtenant to said unit.
CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity performing the work. In the case of work being performed under permit issued by the town, the permittee shall be construed to be the contractor.
CORRECTION PLAT: Corrections to previously approved plats where the character and intent of the original plat is not altered. Examples include address changes, plat note amendments, plat title corrections, easement vacations, and other minor corrections.
CULVERT: A ditch, drain or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way, or other type of overhead structure.
DAYS: Consecutive calendar days, unless otherwise specified.
DECLARATION: An instrument recorded pursuant to the statutes of the state and which defines the character, duration, rights, obligations, and limitations of condominium ownership. The declaration shall include all restrictions, limitations and specifications which may be required by the planning and environmental commission or town council, including provisions relative to timesharing estates, licenses or fractional fees; and the procedure for amendments of the declaration which requires approval of the town.
DEDICATION: A grant by the owner of a right to use land to the public in general, involving a legally recorded transfer of property rights, and an acceptance of the dedicated property by the town.
DRAINAGE: Surface water runoff or the removal of surface water or ground water from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.
DUPLEX: A detached building on a single parcel containing two (2) dwelling units, designed for or used as dwellings exclusively by two (2) families, each living as an independent housekeeping unit.
DWELLING UNIT: Any room or group of rooms in a two-family, or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit.
EASEMENT: A grant of land by the owner for the specified use of the land.
EMPLOYEE HOUSING UNIT: A dwelling unit occupied by at least one person who is an employee in Eagle County.
ENVIRONMENTAL IMPACT REPORT: A document outlining the effect of proposed development or action on the environment, as further regulated by title 12, chapter 12, "Environmental Impact Reports", of this code.
EXEMPTION PLAT: The platting of a portion of land or property that does not fall within the definition of a "subdivision", as contained in this section.
FINAL APPROVAL: Approval by the planning and environmental commission of the final plat or approval of the council if appealed. Planning and environmental commission final approval does not take place until eleven (11) days after the planning and environmental commission decision on the final plat, if the council does not appeal.
FRACTIONAL FEE: A tenancy in common interest in improved real property, including condominiums, created or held by persons, partnerships, corporations, or joint ventures or similar entities, wherein the tenants in common have formerly arranged by oral or written agreement or understanding, whether recorded or unrecorded, allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not, which is binding upon any assignee or future owner of a fractional fee interest, or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property.
INDIVIDUAL AIR SPACE UNIT: Consists of any enclosed room or rooms occupying all or part of a floor or floors of a building of one or more floors to be used for residential, professional, commercial or industrial purposes, which has access to a public street.
INSPECTOR: An authorized representative of the public works director, assigned to make any or all necessary inspections of materials furnished and work performed by the contractor.
LOT: A parcel or portion of land separated from other parcels or portions by legal description and abutting upon one or more public streets or roads and intended as a unit for the transfer whether immediate or future, of ownership or for development.
MODERATE INCOME: Shall be as defined from time to time by the town council.
PLANS: The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the town engineer or building official, which show the location, character, dimensions, or details of the work.
PLAT, FINAL: A map, drawing or chart upon which the subdivider presents proposals for the physical development of subdivision, and which he/she submits for approval and intends to record in final form.
PRELIMINARY PLAN: The preliminary drawings described in these regulations indicating the proposed manner or layout of the subdivision to be submitted to the planning and environmental commission for approval.
PRIVATE CONTRACT: Work subject to town inspection, control, and approval, involving private funds, not administered by the town.
PROJECT DOCUMENTS: Defined in accordance with the statutes of the state.
REFERENCE SPECIFICATIONS: Those bulletins, standards, rules, methods of analysis or tests, codes and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date.
RIGHT OF WAY: The width between property lines of a street.
SAME OWNERSHIP: Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, associate, or a member of such family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
SERVICE CONNECTION: All or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer.
SEWER: Any conduit intended for the reception and transmission of sewage and fluid industrial waste.
SOIL STABILITY ANALYSIS: A study conducted to determine the status of the soil on a property.
SPECIAL PROVISIONS: Any written provisions which supplement or modify these specifications.
SPECIFICATIONS: Standard specifications, reference specifications, special provisions, and specifications in supplemental agreements between the contractor and the town.
STANDARD PLANS: Details of standard structures, devices, or instructions referred to on the plans or in specifications by title or number.
STORM SEWER: Any conduit and appurtenances intended for the reception and transfer of storm water.
STREET, PRIVATE: Any street not dedicated to the public for purposes of vehicular or pedestrian use.
A. 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 travel.
B. 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:
Arterial: Arterial streets are those which permit the relatively rapid and unimpeded movement of large volumes of traffic from one part of the community to another.
Collector: Collector streets are 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.
Minor: Minor streets are 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.
SUBDIVIDER: Any person, individual, firm, partnership, association, corporation, estate, trust, or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a "subdivision" as defined herein, including any agent of the subdivider.
SUBDIVISION OR SUBDIVIDED LAND:
1. A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or
2. A tract of land including land to be used for condominiums, timeshare units, or fractional fee club units; or
3. A house, condominium, apartment or other dwelling unit which is divided into two (2) or more separate interests through division of the fee or title thereto, whether by conveyance, license, lease, contract for sale or any other method of disposition.
B. Exceptions: Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined herein shall not apply to any of the following divisions of land or interests in land:
1. The division of land by order of any court in this state or by operation of law.
2. The division of land by a lien, mortgage, deed of trust or any other security instrument.
3. The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity.
4. The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the surface ownership of real property.
5. The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this definition as only one interest; provided, however, that no agreement exists, either recorded or unrecorded, between the cotenants allowing for the use and occupancy of the property by one or more cotenants to the exclusion of one or more cotenants during any period, whether annually recurring or not if such agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if such agreement continues to be in any way binding or effective upon any cotenant for the sale of any interest in the property.
6. The division of land by reason of the dissolution of a joint venture or other business entity.
C. Compliance: No subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the town or law or regulations of the state.
D. Major Subdivision: Any subdivision involving more than four (4) lots, or a subdivision proposal without all lots having frontage on a public or approved street, or with a request to extend municipal facilities in a significant manner, or a proposal which would negatively affect the natural environment as determined under section 12-12-2, "Applicability", of this code, or if the proposal would adversely affect the development of the remainder of the parcel or the adjacent property.
E. Minor Subdivision: Any subdivision containing not more than four (4) lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property.
F. Single-Family Subdivision: A subdivision of an existing lot, which is recognized by the town of Vail as a legally subdivided lot, and which shall contain a single-family or two-family dwelling. Each such dwelling shall be separated from any other dwelling by space on all sides. For zoning purposes, the lots created by a single-family subdivision shall be treated as one lot.
SUPERINTENDENT: The executive representative for the contractor present on the work at all times, authorized to receive and fulfill instructions from the town engineer and capable of superintending the work efficiently.
SUPERVISION: Where used to indicate supervision by the engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the town in becoming a party to the contract except as specifically stated herein, supervision by the town shall not mean active and direct superintendence of details of the work.
SURETY: Any individual, firm or corporation, bound with and for the contractor for the acceptable performance, execution, and completion of the work, and for the satisfaction of all obligations incurred.
TIME SPAN ESTATE: Defined in accordance with the statutes of the state 1 .
TIMESHARE LICENSE: A contractual right to exclusive occupancy of specified premises; provided that the occupancy of the premises is divided into five (5) or more separate time periods extending over a term of more than two (2) years. The premises may consist of one parcel, unit or dwelling or any of several parcels, units or dwellings identified at the time the license is created to be identified later. No timeshare is a timeshare license if it meets the definition of "interval estate", "timeshare" or "time span estate".
TOWN: The town of Vail, county of Eagle, state of Colorado.
TOWNHOUSE: A building that has one-family dwelling units erected in a row or in a clustered fashion as a single building on adjoining lots, each being separated from the adjoining unit or units by a party wall or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides.
UTILITY: Tracks, overhead or underground wires, pipelines, conduits, ditches, ducts or structures, sewers or storm drains owned, operated, or maintained in or across a public right of way or private easement.
WORK: That which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor materials, supervision, tools and equipment. (Ord. 29(2005) § 51: Ord. 24(2005) § 4: Ord. 5(2001) § 7: Ord. 2(2001) § 4: Ord. 22(1999) § 1: Ord. 25(1983) § 1: Ord. 2(1983) § 1)
1. CRS § 38-33-110.