HomeMy WebLinkAboutAgenda - City Council - 12/05/2022AGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request
Electronically: https://meet.goto.com/SouthBurlingtonVT/city-council-12-05-2022 You can also dial in using your phone. +1 (872) 240-3212 Access Code: 680-872-653
Regular Session 6:30 P.M. Monday, December 5, 2022
1.Pledge of Allegiance (6:30 PM)
2. Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions, or changes in order of agenda items (6:33 – 6:34 PM)
4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM)
5. Councilors’ Announcements and Reports on Committee assignments and City Manager’sReport (6:45 – 6:55 PM)
6.Consent Agenda: (6:55 – 7:00 PM)
A.*** Consider and Sign Disbursements
B.*** Appoint Martha Machar to serve as City Treasurer effective immediatelyC.*** Approve the Stormwater System Maintenance Agreement with Hillside at O'BrienFarm Eastview
7.Interview applicants for the Planning Commission and consider making an appointment(7:00 – 7:15 PM)
8.*** FY24 Budget: Receive the FY24 Proposed Budget and set a Public Hearing on theFY24 Budget and Capital Improvement Plan for January 17, 2023 at 7:00 PM – JessieBaker, City Manager (7:15 – 7:45 PM)
9.*** FY24 Budget: Receive the General Government presentation and provide feedback tostaff – Jessie Baker, City Manager and Team (7:45 – 8:05 PM)
10.*** FY24 Budget: Receive the Recreation and Parks presentation and provide feedback tostaff – Holly Rees, Recreation & Parks Director (8:05 – 8:25 PM)
11. *** FY24 Budget: Receive the Library presentation and provide feedback to staff – Jennifer Murray, Library Director (8:25 – 8:45 PM) 12. *** Warned for 8:30 PM: Public Hearing on the Tax Increment Financing Bond Vote on Article I regarding TIF District Financing Debt Authorization to fund the design and
construction of the following projects: Garden Street Phase II, Williston Road Streetscape, East West Crossing, and City Center Park Phase II – Ilona Blanchard, Community Development Director (8:45 – 9:15 PM) 13. *** Warned for 9:00 PM: Public Hearing on amendments to the Land Development Regulations #LDR-22-07 to realign zoning districts along the Shelburne Road Corridor and #LDR-22-08 to allow Municipal Uses in the Commercial 2 District and allow the following additional uses within Commercial 1 Auto District: Congregate Care, Assisted Living, Continuum of Care; Educational Facility; Educational Support Facilities; Hospice; Municipal Facility; Skilled Nursing; Social Services – Paul Conner, Director of Planning and Zoning (9:15 – 9:25 PM) 14. Possible action on changes to the Land Development Regulations #LDR-22-07 and #LDR-22-08 – Paul Conner, Director of Planning and Zoning (9:25 – 9:35 PM)
15. *** Warned for 9:30 PM: Public Hearing on a change to the Impact Fee Ordinance and the Public & Private Sanitary Sewerage and Stormwater Systems Ordinance regarding timing of
payments of fees for affordable housing project – Paul Conner, Director of Planning and Zoning (9:35 – 9:55 PM)
16. Possible action on a change to the Impact Fee Ordinance and the Public & Private Sanitary Sewerage and Stormwater Systems Ordinance regarding timing of payments of fees for affordable housing projects – Paul Conner, Director of Planning and Zoning (9:55 – 10:05 PM) 17. *** Receive the FY23 Policy Priorities and Strategies Report #1 – Jessie Baker, City Manager (10:05 – 10:15 PM) 18. *** Convene as the South Burlington Liquor Control Commission to consider the following: Delta Hotels by Marriott Burlington (New Ownership); First Class & Third-Class Restaurant/Bar License (10:15 – 10:25 PM)
19. Other Business - (10:25 – 10:35 PM)
20. Consider entering a possible executive session to consider: a. Review of personnel
21. Adjourn Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 12/6/2022 Through 12/6/2022
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
12/6/2022
4497 Colchester Town Water Department Credit Card paid to SBWD instead of CT
Water Customer Acct 1227
319.42 1227-CT-112222
12/6/2022 4498 Champlain Water District U-Mall Tunnel Inspection 10,205.00 10-30-000-6200A
12/6/2022 4499 E.J. Prescott Curb Stop rod - Berard Drive 34.07 6090792
12/6/2022 E.J. Prescott Curb Box 213.79 6107388
12/6/2022 4500 Office Essentials of Vermont Copy paper 64.90 39105
12/6/2022 4501 SAC Fasteners Inc.U-Mall 12 inch repair 137.28 57100
12/6/2022 4502 South Burlington Ace, Inc.Vet Park Irrigation System Protection 23.98 847018/3
Total 70 - South Burlington Water
Department
10,998.44
Report Total 10,998.44
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: November 30, 2022
Re: Appointment of Treasurer
Appointments of specific positions are to be made by the City Council pursuant to Chapter 13, Section
301 (2) of the City’s Charter. With the resignation of Deputy City Manager and Treasurer, Andrew
Bolduc, I respectfully request that the Council appoint Martha Machar, Finance Director, to serve in the
role of Treasurer for the City of South Burlington effective upon your approval.
Martha and I spoke with our external auditors about her serving as both the Finance Director and
Treasurer and were advised that, with the processes in place, there is no concnerns with this
appointment.
Thank you for your consideration.
Memo
To: South Burlington City Council
From: David Wheeler, Deputy Director of Water Resources
CC: Tom DiPietro, Director of Public Works
Jessie Baker, City Manager
Date: November 30, 2022
Re: Stormwater System Maintenance Agreement with Hillside at O’Brien Farm
Eastview
The O’Brien Farm “Eastview” development has applied for a State stormwater permit. Following the
new State permitting rules, all landowners covered by a 3-9050 permit are required to be listed as
permittees on the permit application. The proposed development at Eastview includes stormwater
treatment for a small section of the City-owned road, Old Farm Road. Accordingly, the City of South
Burlington will be listed as a co-permittee on the State Stormwater Permit (#7815-9050.1) for Hillside at
O’Brien Farm Eastview, along with O’Brien Home Farm, LLC, O’Brien Eastview, LLC, O’Brien Brothers,
LLC, and O’Brien Family Limited Liability Company.
Included with this memo is a proposed maintenance agreement that defines the respective
responsibilities for maintenance of the stormwater system and payment of fees to the State. The City
will be solely responsible for the routine maintenance of all stormwater system components located
within the right-of-way for Old Farm Road, of which there are 0.7 acres of impervious surfaces covered
by this permit. The Developer shall be solely responsible for maintenance of all components of the
stormwater system location on the property owned by the Developer, of which there are 16.48 acres of
impervious surfaces. Accordingly permit fees will be paid on a pro-rata share (4.1% City and 95.9%
Developer).
Based on the above, I am requesting that City Council authorize staff to execute the Stormwater
Maintenance Agreement with O’Brien Home Farm, LLC, O’Brien Eastview, LLC, O’Brien
Brothers, LLC, and O’Brien Family Limited Liability Company. If you would like additional
information on this project, please contact David Wheeler, Deputy Director of Water Resources, at (802)
658-7961 x 6113.
Page 1 of 8
STORMWATER SYSTEM MAINTENANCE AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of ________ 2022, (the
“Effective Date”) by and among O’BRIEN HOME FARM, LLC, a Vermont limited liability
company with its principal offices in the City of South Burlington, County of Chittenden
and State of Vermont (Home Farm), O’BRIEN EASTVIEW LLC, a Vermont limited
liability company with its principal place of business in the City of South Burlington,
County of Chittenden and State of Vermont (“Eastview”), O’BRIEN BROTHERS, LLC, a
Vermont limited liability company with its principal place of business in the City of South
Burlington, County of Chittenden and State of Vermont (“OBLLC”), O’BRIEN FAMILY
LIMITED LIABILITY COMPANY, a Vermont limited liability company with its principal
place of business in the City of South Burlington, County of Chittenden and State of
Vermont (“OFLLC”, and together with Eastview, Home Farm and OBLLC, the
“Developer” herein), and the CITY OF SOUTH BURLINGTON, a Vermont municipality,
acting by and through its City Council, having an office at 180 Market Street, South
Burlington, Vermont, (the “City” herein) (collectively, the “Parties”).
WHEREAS, Developer is the owner of certain real property and improvements
thereon in a subdivision known as Hillside at O’Brien Farm Eastview which is located
southerly of Kimball Avenue and northerly of Hinesburg Road in the City of South
Burlington, Vermont (hereinafter the “Subdivision”), portions of which are shown on plats
entitled “Final Plat, Hillside at O’Brien Farm Eastview, Old Farm Road & Kennedy Drive,
South Burlington, Vermont,” Sheet PL-1 and Sheet PL-2, dated April 1, 2022, last revised
October 21, 2022, of record in Map Slide ______ of the City of South Burlington Land
Page 2 of 8
Records (hereinafter “of record”); all plats prepared by Krebs & Lansing Consulting
Engineers, Inc..
WHEREAS, the Developer have submitted to the Vermont Agency of Natural
Resources (the “Agency” herein) an application for Stormwater Discharge Permit No.
7815-9050.1 (the “Permit” herein) to obtain authorization for a discharge of stormwater
runoff from the impervious surfaces of the Subdivision including their roads, parking
areas and roofs, to Potash Brook:
WHEREAS, the Permit is necessary in order to construct all phases of the
Subdivision and requires construction and maintenance of certain improvements within
the Subdivision to manage the discharge of stormwater, as shown on a site plan entitled
“Overall Site Plan” dated April 1, 2022, last revised October 21, 2022, prepared by Krebs
& Lansing Consulting Engineers, Inc. Said improvements within the Subdivision that
manage the discharge of stormwater from all phases of the Subdivision are referred to
herein as the “Stormwater System”; and
WHEREAS, the City owns the right-of-way for a public roadway on known as Old
Farm Road, which is within the area covered by the Permit; and
WHEREAS, there are approximately 17.18 acres of impervious surface area
drained by the Stormwater System that is covered by the Permit; and
WHEREAS, the City owns 0.70 acres of impervious surface area within the area
covered by the Permit, which is Four and 1/10s percent (4.1%) of the total Permit area;
and
Page 3 of 8
WHEREAS, the Developer owns 16.48 acres of impervious surface area within the
area covered by the Permit, which is Ninety-five and 9/10s percent (95.9%) of the total
Permit area; and
WHEREAS, the Parties wish to define their respective responsibilities for the
maintenance of the Stormwater System and payment of fees to the Agency.
NOW THEREFORE, in consideration of these mutual premises and covenants
herein contained, and other good and valuable consideration, Developer, acting by and
through Evan Langfeldt, Chief Executive Officer, duly authorized agent of Developer, and
the City, acting through its City Council, covenant and agree as follows:
1. The Parties agree that they will be co-permittees under the Permit.
2. Developer, its successors and assigns, shall be solely responsible for
maintenance of all components of the Stormwater System located on property owned by
Developer, its successors and assigns, including any and all costs related thereto.
3. The City shall be solely responsible for the Routine Maintenance of all
Stormwater System components located within the existing right-of-way for Old Farm
Road, including all costs related thereto.
4. The Parties agree that until such time as the City formally accepts ownership
or maintenance responsibility of the Stormwater System, or any portion thereof, the City
shall not be responsible for the maintenance of any component of the Stormwater System
located outside of the existing right-of-way for Old Farm Road.
5. For the purpose of this Agreement, “Routine Maintenance” shall only be that
work required to enable the Stormwater System to collect and transport stormwater as
intended and shall specifically exclude any upgrade of the Stormwater System or
Page 4 of 8
substantial reconstruction following catastrophic damage. Any reconstruction of the
Stormwater System following catastrophic damage shall be performed by Developer.
6. Developer shall be responsible for the payment of all fees and costs to the
Agency arising out of the Permit, including but not limited to permit application fees,
annual operating fees, renewal fees, administrative processing fees, fines or penalties
assessed by the Agency under the Permit.
7. In accordance with its pro-rata share of impervious surface area covered by
the Permit, the City only shall pay to Developer Four and 1/10s percent (4.1%) of the
annual operating fee that Developer pays to the Agency pursuant to Paragraph 6 above,
except as provided below, within thirty (30) days of receiving an invoice from Developer
together with substantiation that the fees were paid to the Agency.
8. The City shall not be responsible or liable for any fines which may be
assessed by the Agency as a result of the negligence of Developer or the failure of
Developer to abide by the Permit conditions.
9. Developer shall be solely responsible for carrying out and submitting to the
Agency all applications, reporting, permit renewals and other documentation required by
the Permit.
10. The City will not seek to recover from Developer any costs incurred by the
City in the Routine Maintenance of the portions of the Stormwater System on or under
property owned by the City or within the City’s existing right-of-way for Old Farm Road,
other than the fee generally assessed to owners of property with impervious surfaces in
the City.
Page 5 of 8
11. The Parties agree that conformance with any future changes to the Permit or
amendments to the Permit initiated by the Developer shall be the responsibility of
Developer. If the new or amended Permit requires changes, upgrades or alterations to the
portions of the Stormwater System located on or under property owned by the City or
within the City’s existing right-of-way for Old Farm Road, the Developer shall perform
any such changes, upgrades or alterations to the Stormwater System and its components
at its own cost and expense, and the City agrees to work cooperatively with Developer so it
can maintain Permit compliance and conform the Stormwater System to future conditions
of the Permit or any Permit amendments.
12. Nothing contained in this Agreement shall be construed as obligating
Developer to dedicate those portions of the Stormwater System located on the Developer’s
property as public infrastructure, and, likewise, nothing contained in this Agreement shall
be construed as obligating the City to accept any such proffered dedication.
13. The Parties agree that this Agreement is not affected by the past or future
issuance of stormwater utility credits by the City of South Burlington Stormwater Utility.
To the extent that the South Burlington Stormwater Credit Manual may now, or in the
future, contain provisions contrary to this Paragraph 13, the Parties agree that this
Paragraph shall supersede the Credit Manual.
14. Any amendments to this Agreement must be in writing, signed by the party
to be charged and witnessed or acknowledged.
15. The Parties hereto agree that any of the Parties may record this Agreement
in the City of South Burlington Land Records without further consent from the other
Parties.
Page 6 of 8
16. This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors and assigns.
[Signature pages to follow]
Page 7 of 8
O’BRIEN HOME FARM, LLC
________________________ By: _____________________________________
Witness ________________________, Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At ___________________, Vermont, this _____ day of ____________________ 2022,
personally appeared ________________, Duly Authorized Agent of O’Brien Home Farm,
LLC, and s/he acknowledged this instrument, by her/him subscribed, to be her/his free act
and deed, and the free act and deed of O’Brien Home Farm, LLC.
Before me, _____________________________________
Notary Public
My Commission Expires: _____________
O’BRIEN EASTVIEW, LLC
________________________ By: _____________________________________
Witness ________________________, Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At ___________________, Vermont, this _____ day of ____________________ 2022,
personally appeared ________________, Duly Authorized Agent of O’Brien Home Farm,
LLC, and s/he acknowledged this instrument, by her/him subscribed, to be her/his free act
and deed, and the free act and deed of O’Brien Home Farm, LLC.
Before me, _____________________________________
Notary Public
My Commission Expires: _____________
O’BRIEN BROTHERS, LLC
________________________ By: _____________________________________
Witness ________________________, Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
Page 8 of 8
At ___________________, Vermont, this _____ day of ____________________ 2022,
personally appeared ________________, Duly Authorized Agent of O’Brien Home Farm,
LLC, and s/he acknowledged this instrument, by her/him subscribed, to be her/his free act
and deed, and the free act and deed of O’Brien Home Farm, LLC.
Before me, _____________________________________
Notary Public
My Commission Expires: _____________
O’BRIEN FAMILY LIMITED LIABILITY COMPANY
________________________ By: _____________________________________
Witness ________________________, Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At ___________________, Vermont, this _____ day of ____________________ 2022,
personally appeared ________________, Duly Authorized Agent of O’Brien Home Farm,
LLC, and s/he acknowledged this instrument, by her/him subscribed, to be her/his free act
and deed, and the free act and deed of O’Brien Home Farm, LLC.
Before me, _____________________________________
Notary Public
My Commission Expires: _____________
CITY OF SOUTH BURLINGTON
________________________ By: _____________________________________
Witness Jessie Baker, City Manager and Duly
Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At South Burlington, Vermont, this _____ day of ____________________ 2022,
personally appeared Jessie Baker, City Manager and Duly Authorized Agent of the City of
South Burlington, and she acknowledged this instrument, by her subscribed, to be her free
act and deed, and the free act and deed of the City of South Burlington.
Before me, _____________________________________
Notary Public
My Commission Expires: _____________
FY24 Proposed BudgetJessie Baker, City ManagerMartha Machar, Finance DirectorAndrew Bolduc, former Deputy City ManagerCity CouncilDecember 5, 2022
Overview•Council Discussion•Service Demands•Proposed FY24 General Fund Budget•FY24 Enterprise Funds•FY24 Special Funds•Fund Balances•Anticipated Bond Votes•Emerging Issues2All Proposed FY24 Budget documents available here:https://www.southburlingtonvt.gov/departments/finance/fy_24_budget_(7_1_23_‐_6_30_24)_proposed_budget.php
Council Discussion3Discussed Goals on September 19, 2022•Explore what has been historically underfunded•Explore growth and related service demands•Review and recommend changes to fees •Explore enforcement and rental registry •Put options on the table•Bring forward expertise of Leadership Team
Service Demands – Public Works4In the last 22 years, South Burlington added 20 new miles of road without adding a new position in the Highway Division.This is proposed for FY25 with Parks maintenance prioritized in FY24.We do not have data analysis/GIS capacity to do a more complete analysis of this for Recreation Paths and sidewalks.
Service Demands – Police 5In 2020 an analysis was done of our public safety needs •Result: 40 sworn officers and 10 civilians (including dispatch) are needed•Currently we have:We recommend restoring staff to meet the community’s expectation on response, restore specialized assignments, and do adequate succession planning for the future. CivilianFilled 9Vacant 1Total 10SwornFilled 32Vacant 5Proposed in FY24 2Total 39
Service Demands –Fire6FY23 Investment in leadership•Moved from a Fire Marshal/Chief to employing both a Fire Marshal and a Fire ChiefMinimum staffing is currently 8 Firefighters per shift. 10 employed per shift is needed to maintain operations.•Currently we are at 29 budgeted FirefightersCurrently we staff a single ambulance – 23% of our medical calls are responded to by professionals from other agencies
Service Demands – Capital Improvement Plan7 $‐ $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 FY18 FY19 FY20 FY21 FY22 FY 23 FY 24Property Tax ‐CIP FundingFY23FY24 $ change % changeGF Tax Capacity*$2,688,000 $3,118,000 $430,000 16.0%ARPA$672,000 $541,500 ($130,500)‐19.4%Total $3,360,000 $3,659,500 $299,500 8.9%Incremental investment needed to sustain tax capacity for infrastructure maintenance and projects.*Includes projects, City Center Reserve, and bond payments
Proposed Budget: Structural Changes8Support a transparent financial picture of City operations •Separated operating General Fund from Pennies (FY23)•Removed TIF increment grand list from operating budget calculation•Integrated benefits (health, life, and retirement into department budgets)•Capital lines called out in each Department budget but separate from operations•Continued to integrate building maintenance costs into the Physical Plant budget•Integrated individual program and parks budgets into Recreation and Parks lines•Fully integrated Ambulance into Fire/EMS lines•“Roll‐up Budget” Standardization
Proposed Budget: Challenges9•Multi‐year high inflation rates for goods and services•COLA currently at 6.9%•Continued need to incrementally recover from lean COVID budget years•Maintaining community’s service expectations and standards as the City continues to grow•Need to smooth General Fund allocation to the Capital Improvement Plan into the future and increase capacity•Funding new priorities identified by the Council and Leadership Team345678Northeast Region CPI‐U
Proposed Budget: Assumptions10•Contractual COLA and step increases per the Collective Bargaining Agreements•Grand List Growth of 1.75% (9.6% growth in TIF, 1% in City‐wide GL)•Increases in cost of goods and services (gas and diesel, supplies and repairs, materials, etc.)•ARPA salary and CIP step down•Health insurance increase of 6%•Casualty and workers comp savings of $110,000•Green Mountain Transit increase of 9.8%($53k)
Proposed Budget: Recommendations 11A two‐year proposal of staffing increases needed to support community’s service expectations.1. Proposed Baseline Budget – Maintain only what we currently provide without additional capacity to address growth2. Proposed Capacity Building Budget –Two‐year incremental investment in staffing to restore previous cuts and incrementally keep up with growth3. Proposed Funding to Implement the Climate Action Plan
Proposed Budget: Baseline12Cost to maintain current operations•General Fund capacity to support CIP – increase of $430k•Integration of Police IT to City IT•Restoring an FTE to Assessing (eliminating 40 hr/week of Welcome Center coverage)•Overtime for Physical Plant ($5,000)•Maintain $800k funding for TIF Capital Reserve
Proposed Budget: Capacity Building13Costs to restore previous cuts and incrementally keep up with growth•Baseline included•Two‐year plan•Focus on core municipal government•Future ability to be data drivenNeeds FY24 FY25DPW ‐Parks Maintence FTE $80,566DPW ‐Highway FTE $83,789DPW ‐Traffic Study Consultants $15,000PD ‐Restore Deputy Chief (vacant Lt) $14,378PD ‐Restore Police Officer FTE $85,238PD ‐Restore Police Officer FTE $88,647PD ‐Restore Youth Services Sgt $134,646Fire ‐Restore 30th Firefighter $89,207Fire ‐Standup Second Ambulance $200,018 $204,018Fire ‐Deputy Fire Chief $122,400City wide ‐Restore GIS/Policy & Data Analyst $97,406TOTAL $581,813 $633,500Pennies $0.0142 $0.0155Percent 3.05% 3.32%
Proposed Budget: Climate Action Plan14NEW: Climate Action Plan Implementation FY24 FY25 FY26STAFF: Climate Director / Technical Planner (implementation strategy, ordinance research and drafting, data collection and reporting, recommendation on financing plan)$119,700 $124,488 $129,468STAFF: Sustainability community engagement manager and analyst (engagement, researcher grants opportunity, relationship, planner)$86,450 $89,908 $93,504Consultant (planning & design of city projects, experts to advise)$100,000 $104,000 $108,160Public outreach funding (meetings, stipends, events by sectors or interest groups, materials)$100,000 $104,000 $108,160Enforcement Team (~3 FTEs: Inspector for single family homes, additional Inspector, Administrative support, 2 vehicles, materials)$500,000 $400,000CIP Additional Investment (City vehicle charging stations, expanded bike/ped facilities, etc)*** TBD TBDTOTAL $406,150 $922,396 $839,292pennies $0.01 $0.02 $0.02percent 2.13% 4.83% 4.39%*** FY24 Proposed CIP includes investment in paths, charging stations at DPW, East‐West bridge, weatherization of Wheeler House, hybrid police cruisers, and upgrade to Airport Parkway and Bartlett Bay Treatment Facilities
Proposed Budget: Revenues15Note: A selection displayed •Proposed revenues increasing by 11.9%•Step down ARPA•Increase in LOT and permitting fees
Proposed Budget: ARPA16Continue to step‐down ARPA General Fund and CIP spending from FY22 & FY23
General Fund – Capital Improvement Plan17$452,000 in new investment of property tax capacity in capital projects•8% annually needed to fund a future Recreation Center•4% annually if we don’t move that forward and projects/funding streams remain stagnantIncluded in the proposed FY24 Budget (highlights only)•Ambulance and setting aside funding for a future fire truck with CIP reserve fund•DPW Garage bay expansion•$800k for paving ($80k more than FY23)•$305k for DPW fleet replacement•$324k for Dorset Street signal project•Weatherization improvements at Wheeler House & Fire Stations•3 hybrid police cruisers•Level fund Ash Tree Replacement ($50k)•Parks improvements at Vet MemorialNot included•Funding for a Recreation Center pushed forward•Funding for Regional Dispatch
Utilities18•Rates are currently lowest in the State•Water rate increase driven by an anticipated bond vote in 2024 for storage capacity•No capital investments have been funded in several years•Wastewater rate increase driven by the Bartlett Bay Wastewater Treatment Facility Improvements and other capital projects •Comprehensive Rate Study coming in Spring of 2023 that will drive future decision making
Special Funds19Across 25 Special Funds•Projected Revenue of $9,793,355.68•Project Expenses of $9,424,500.00
Fund Balances20
Bond Votes! 21Tax Increment Financing Bond Vote = $15,086,430Bartlett Bay Wastewater Treatment Facility Improvements = $33,833,000
Emerging Issues22•Significant Executive Team transitions•No additional funding for Regional Dispatch –plan to accomplish through existing budget and FY23 surplus•2024 Bond Vote on Water storage capacity•No funding allocated for Recreation Center planning•Marathon Health – ongoing negotiations on structure•Fire collective bargaining agreement expires at the end of FY24•Wage pressure in surrounding municipalities – especially in public safety
What you will hear23•Detailed information on bond votes and communication to the community•From the experts on historic funding levels and growth projections•Standard presentations –for ease of information access•Hopefully from the community!
What’s Next24Department presentations on staffing, budget changes, CIP investments, emerging issues, and highlights•December 5th– General Government, Recreation and Parks, and Library•December 19th– Public Works and Community Development •January 3rd– Police and Dispatch, Fire and EMS, and Council’s discussion of proposed budget•January 17th– Public Hearing and action to send a budget to the voters•January 23rd– Steering Committee with School Board•March 6th– Annual Meeting Presentation•March 7th–Town Meeting Day!
FY24 Proposed Budget: General GovernmentGeneral Government TeamCity CouncilDecember 5, 2022
Overview•Department Overview and Staffing•Key FY22 and FY23 to date successes •FY24 Budget Proposal•Capital Improvement Plan•Emerging Issues•Spotlight! 2
Administration Staffing3Jessie BakerCity ManagerVacantDeputy City ManagerPaul ConnerDirector of Planning & Zoning(Team of 6.5)Daisy Brayton (January 2023)Director Of Human Resources(Team of 2)Mike MottDirector of IT(Team of 3)Martha LyonsDir. Tax Collection & Assessment(Team of 2 & consultant)Greg YandowDirector of Physical Plant(Team of 4)Martha MacharFinance Director(Team of 3)Colin McNeilCity Attorney (Team of 2)Donna KinvilleCity Clerk(Team of 4)Andrea LeoPublic Service SpecialistVotersVacant Com. & Outreach Coord.
Key FY22 and FY23 to date successes 4•Onboarding new staff such as a Public Works Director, Fire Chief, Deputy Directors at Public Works, Police Lt, and over 20 new Teammates!•All staff received “Structural Competence and Culture Humility” training •Successfully negotiated a two‐year collective bargaining agreement with the Fire Employees' Union and three‐year collective bargaining agreements with the Police Employee's Union and City Hall and Public Works Employees' Union•Migration to Office 365 and SharePoint•Critical improvements to the City's cybersecurity posture: Multi‐factor authentication and next generation anti‐virus protection.•Adoption of Amendments to the Land Development Regulations, including Planned Unit Developments, Subdivision Standards, Civic Space & Site Amenities, and expansion of Transferable Development Rights•Preparation and adoption of Climate Action Plan•Issuance of zoning permits for 307 new homes within the City Center Form Based Code District•Issuance of zoning permits for construction of Beta and OnLogic Manufacturing Facilities
FY24 Budget Proposal – Revenue 5Zoning Permit Fees anticipated to remain strong based on development review activity and activity in City Center ($130K increase)Clerk’s recording revenue has decreased from FY23 ($45k decrease) due to increased mortgage interest rates but will be partially covered by an increase in the vital records copy fees ($13,500 increase).
FY24 Budget Proposal – Expenditures 6Welcoming neighbors and technical work•Previous Welcome Center staff reassigned to City Clerk and Tax Collection & Assessing •City Clerk’s Office will now welcome all visitors to City Hall – with backup during busy periods! Utility cost increases•VGS 7.5% increase•GMP 7.42% increase•Casella 10.53% increase in tipping feesPlanning & Zoning increased staffing in FY23 reflected in FY24Continued Information Technology investments•Planning full Police Department integration with City Information Technology ($10k)•Spare network switch to allow for quick recovery in the case of hardware failure ($6k)•Backup of cloud data to improve our resiliency in the case of large‐scale outages at Microsoft ($6k)
FY24 Budget Proposal – Capacity Request 7Restore GIS/Policy & Data Analyst ($97,406)Need•GIS position was eliminated at the end of 2020•Department Heads asked to take on this role•City has a tremendous amount of data that we are not currently using to drive decision making, inform policy, or share with the community•Unable to meet community and committee’s needs for mapping, data collection or communication, or analysisProposal•Hire a central Policy & Data Analyst with significant GIS capabilities to work out of the City Manager’s Office, support all Departments, and build data driven decision making systems
FY24 CIP8CIP FY24 Projects•Weatherization at Wheeler House•HVAC at Fire Station #1 and generator at Fire Station #2•Heat Pumps at DPWPhysical Plan CIP Approach•Proactive Philosophy•When feasible do repairs in‐house•Increase quoting and bidding out contractor workNote: Hinesburg Road generator is our oldest (1964). Will be replaced by insurance.
Emerging Issues9•Significant Executive Team transitions•Need to modernize our Code of Ordinances•With elections increased complexity, we will need to discuss how to best oversee and facilitate them•Supply chain issues are still impacting our ability to source some IT hardware•Increased custodial demands with increased Library hours•Increased complexity of development review & permitting (inclusionary zoning, environmental protection standards, TDR expansion, solar siting, etc.)•Completion and implementation of the 2024 Comprehensive Plan
Spotlight!10•Clerk’s Office working to announce two exciting initiatives•Land Records will be going online‐this will allow for the public to be able to research the deeds, mortgages, liens, etc. that are contained in the vault from outside of City Hall. There will be a fee to look at the records in order to protect citizen’s information as well as the revenue line item.•A citizen may sign up for a property fraud alert which will notify any person who registers online, if a document matching their name appears in the land record system.•Safety Committee initiatives to improve workplace safety, reporting and training led to $110,000 GF savings •Planning & Zoning transitioned to a team approach to development review and permitting•Providing consistent point of contact from start of project through completion•Critical improvements made to the City's cybersecurity posture including multi‐factor authentication and next generation anti‐virus protection
Holly Rees, Director
FY24 City Council Budget Presentation
December 5, 2022
Overview
•Department Overview and Staffing
•Key FY22 and FY23 to date successes
•FY24 Budget Proposal
•Capital Improvement Plan
•Emerging Issues
•Spotlight!
Department Overview and Staffing
Holly Rees, CPRP
Director
Rebecca Isham
Senior/Adult Recreation Specialist
Travis Ladd
Operations & Events Specialist
Brett Leonard, CPRP
Recreation Specialist
The mission of the Recreation and Parks Department is to create and
support dynamic public spaces and programs which grow, inspire and
create inclusive social interactions through land and people. We aim to
foster a supportive and constructive environment that embraces equity
through inclusive decision making and mindful daily actions.
Nick Pillsbury
Recreation Specialist
Key FY22 and FY23 to date successes -Parks
•Renovation and creation of 2 pickleball courts and rehabilitation of basketball court at Szymanski Park.
•Renovation of the youth baseball field at Jaycee to a skinned softball field.
•Regrade and reconstruction of home plate and pitching mounds on all baseball fields at Veterans Memorial Park.
•Installation of four Free Little Libraries in varied parks in collaboration with Rotary, Friends of the Library and local
artists.
•Creation of Wheeler Dog Park.
Szymanski Park Jaycee Park Veterans Memorial Park Wheeler Dog Park
Key FY22 and FY23 to date successes -Events
•Awarded $35,000 grant for new community event: Illuminate Vermont, a winter artisan festival.
•Secured additional year of $20,000 sponsorship through North Country Federal Credit Union in support of the
Holiday Lights display “ Spark the Park” at Veterans Memorial Park.
FY24 Budget: Revenue
SoBu Nite Out Extended
Revenues needed to support event -$12,000
Afterschool Ski & Snowboard Program
SB School District took over money collection -$16,000
Realistic planning for adult programming given limited space.
Reduced costs for sport programs to support equity and accessibility.
FY22 Budget FY22 Actual FY23 Budget FY24 Proposed
$244,100.00 $132,706.37 $171,500.00 $151,650.00
FY24 Budget: Expenditures
Increase from FY23 to FY24 expenses is $188,766.85. This is now inclusive of salaries and benefits being included for
our department’s budget.
FY22 Budget FY22 Actual FY23 Budget FY24 Proposed
$672,121.93 $511,911.18 $698,403.10 $887,169.95
CIP Projects for FY24
Recreation Impact Fees -$280,000
South Village Recreation Amenity -$200,000
Develop a recreation amenity in South Village.
Additional Dog Park Creation -$60,000
Installation of an additional dog park (goal to have one in
each of the City’s four quadrants).
Park Signage -$20,000
Park signage for O’Brien Hillside and Rye Meadows, as these
two private developed parks are deeded to the City.
General Fund -$100,000
Baseball Dugout Replacement -$35,000
Contracted replacement of aging facilities.
Dog Waste Stations -$15,000
Increase inventory of dog mutt mitt stations and waste
receptacles, to further the City’s green and clean initiative.
Bleacher Replacement -$12,000
Replacement of bleachers due to condition and community
safety.
Roof Replacements -$10,000
Replacement of roofs at the following park amenities: Jaycee
Pavilion and Red Rocks Pavilion.
Veterans Memorial Park -$28,000
Bandshell beam replacement and safety upgrades.
Emerging Issues
Deferred Maintenance: Although there is progress being made to
upgrade some of our aging elements and adding some needed new
amenities, there is still a need to catch up from years of deferred
maintenance.
Need for Master Plan: As the population grows, we want to be sure
that the parks system is aligned to the needs of the community today
and into the future.
Develop Storage: We currently utilize a portion of the school district
offices to hold our needed supplies. There is a need to create storage
within our park system to ease accessibility and to free up the space
for the school in the coming years.
Camp Seasons: Without the anchor of an all day camp option now
that Schools Out has increased their capacity, our summer camp
season inventory has lessened. Evaluation of its sustainability will be
on-going in the coming seasons.
Community Garden Access: The gardens at Wheeler are insufficient
to meeting the needs of our community. Creation and implementation
of additional gardening facilities across the community is needed.
Equity: As we continue to grow as a community, it is essential that
there are equitable opportunities within our parks and programs for
all to access. This means ensuring that there is a park within a ¼
mile of each residence as well as free or reduced program costs for
those in need.
Community Facilities: There are needs for various ages in our
community to access indoor facilities. The need for child care space
is ever present, the Infinite Teen Center in a temporary location in the
mall as well as school community buildings being booked to capacity
all beg for the need for an indoor community facility. What
opportunities might exist collaboratively to meet these collective
needs.
Department Highlights
Flourishing Senior Center:
The Senior Center celebrated its one year birthday in September.
The success of this space has been beyond what was initially
imagined. The center is bustling with a variety of daily programs
and supports two congregate meals weekly. Each day the center
averages over 100 visits during its open hours and supports
additional adult fitness classes and community rentals in the
evenings and weekends.
Staff:
I want to highlight our small but mighty staff. They are well
known throughout the community for their energy, creativity,
passion and professionalism in organizing and hosting a wealth of
programs and events. They are often asked how they can be
everywhere at all times and still keep their smiles. The answer;
”We love what we do and are honored to serve the community. “
None of the successes could be possible without our amazing
Recreation and Parks Team!
FY24 Proposed Budget: LibraryJennifer MurrayCity Council11/30/2022
Overview•Department Overview and Staffing•Key FY22 and FY23 to date successes •FY24 Budget Proposal•Capital Improvement Plan•Emerging Issues•Spotlight! 2
Department Overview and Staffing3•The Library employs most of the City’s permanent, part time staff. This gives us flexibility in scheduling, but also demands that we be attentive to providing benefits in support of all staff. DIRECTOR 40DIGITAL SPECIALIST 40 ADULT MANAGER 40ADULT ASSISTANT19 HRSADULT SPECIALIST40 HRSTEEN SPECIALIST 28 HRSOUTREACH SPECIALIST19 HRS with new BKMCHILDREN’SMANAGER 40CHILDREN ASSISTANT19 HRSCHILDREN SPECIALIST40 HRSCHILDREN ASSISTANT19 HRSCIRCULATION MANAGER 40CIRCULATION ASSISTANT 19SUBS (4) CIRCULATION ASSISTANT 19CIRCULATION ASSISTANT19 HRSCIRCULATION SPECIALIST40 HRSSHELVER ( 2) CATALOGER 40GREENis in the FutureORANGE is with Bookmobile
Key FY22 and FY23 to date successes 4•Recreation and Parks and the Library have worked together to design an EV vehicle that meets both needs, and service delivery plan that does the same. •Library has initiated a new orientation/onboarding checklist based on new employee feedback, plus security protocols outlining best practices.•Library used direct ARPA funds to do an audit and to use that audit in moving our collections towards inclusion. Use of collections will be monitored towards enhanced publicity and display as needed.•Library working with school ESL coordinators to offer Family Dinners with interpreters for English learning families. All elementary schools participated, and school and library staff are preparing a program for the 2023 VT Library Association conference. •Staff and Trustees completed the strategic planning process.•The public spaces at the Library are available to rent/reserve. July 2021‐November 2022: Total number of public reservations: 463 Estimated number of users: 2,738 Revenue in rental fees: $2,415.•Staff training on Leadership, Management, Equity in Libraries, Diverse Library Collections.
FY24 Budget Proposal ‐Revenue5•Public libraries are not in the money‐making business, as evidenced by past years. However, now that the capital campaign is closed, the Library Foundation will work with staff to find sponsors and grants for certain programs and events. At this time revenues only reflect those grants that come directly from the Department of Libraries for specific uses. •The only line that continues to grow to some degree is for non‐resident fees. Users from area cities and towns that are not part of the Homecard system like our library, the parking, and the collections so choose to pay $25.00 annually.2022 Actual 2023 Budget 2024 Budget$8,365.56 $10,300.00 $8,050.00
FY24 Budget Proposal – Expenditures 6•Expenditures for FY24 that are not related to wages and benefits come to only $103,190.92. Most of the line‐by‐line increases in books, program supplies, programs, computers and subscriptions are due to anticipated price increases. These increases look high in percentages, but the average increase is $500.00. Should inflation go down for FY24, $500.00 will buy 20 additional adult books, or six new eBooks, or pay for one additional concert.•FY23 budget included Janitorial and Utilities ($109,741). FY24 does not. •Reductions in the budget lines are set to align spending as needed. For instance, the Children’s area will buy fewer DVDs and we had over‐estimated our postage expenditures. 2022 Actual 2023 Budget 2024 BudgetWages and Benefits $540,012.40 $651,406.78 $932,006.63General Operating Expenses $223,101.60 $215,222.92 $112,032.00Total Library $763,114.00 $866,629.70 $1,045,028.63
Capital Improvement Plan7The Library’s CIP project continues to be van (the Read and Play Van) to be used by library staff and, in summer, by Recreation and Parks staff. The estimated cost of the upfitted EV vehicle, which will be designed to hold carts that will be rolled into buildings or out in parks, is $160,000.00. Part time staff and volunteers will make delivery services possible. Building the vehicle will take up to a year, so the CIP also reflects purchases in the following year for new adult leased books. We will pursue a grants for new children’s materials. Older materials will be provided by the Friends of the Library from donations.Note: In the FY25 CIP pending ARPA funding.
Emerging Issues8•An increase in use of e‐books and e‐audio books. Library advocates have been working nationally to get publishers to create a fair leasing or owning plan for these materials and have had no luck. These materials can be used a limited number of times and cost up to $100, compared to a physical book which can go out for years for $25 plus processing. Costs will rise for collections.•Inclusive use of the new building. As we work towards inviting in members of our community who have not used the library before, we also find ourselves a haven for anyone who needs a place to use wi‐fi, use computers, read books, or just take a break. We will continue to work on safety protocols to maximize everyone’s good experience.•Continued interest in borrowing “things.” As more concentrated housing goes up, more people will be looking for items to borrow
Spotlight!9•Kudos to Mira Geffner and Kelly Kendall as they lead the library into equity, diversity and inclusion. These staff members took advantage of a state grant to attend a training that they brought to life with a collection audit and new book selections that provide “Windows, Mirrors and Sliding Glass Doors” so that community members can see themselves and others through literature. They continue to explore new initiatives, reach out to community members and shrug off old ways of doing things so that the whole library can explore new programs, services and attitudes.
tel fax
TO: Jessie Baker, City Manager
FROM: Ilona Blanchard, Community Development Director
SUBJECT: Public Hearing on a 2023 Town Meeting Potential Ballot
Question re: TIF District Financing
DATE: December 1, 2022
BACKGROUND:
The City has until March 31, 2024 to issue TIF district financed
debt for the remaining approved TIF district projects. Five City
Center TIF District projects remain to be built, and four still
require voter authorization to issue debt:
• Garden Street Phase II (Williston Road intersections)
• Williston Road Streetscape (Dorset to Midas, south side)
• East-West Crossing – Walk Bike Bridge over I-89
• City Center Park Phase II – Boardwalk Connection
March 8, 2023 is the last regularly scheduled election during
which South Burlington residents may vote on authorizing debt
prior to March 31, 2024 in time for debt issuance to occur.
Voter debt authorization does not obligate the City to issue the
full amount of debt.
Proposed for Town Meeting Day Ballot
Each of these projects has had extensive public outreach to
develop a design concept. Funding sources vary between projects
as follows. Estimates are for all capital costs: design, right-of-
way, construction and inspection.
The Garden Street Project, referred to as “Street A” in the TIF
District Plan, has been in design since 2014. Phase II includes the
White Street/Midas Drive to Hinesburg Road/Patchen Road
portion of Williston Road. The plans are at the 60% level and
includes plans to realign the White St/Midas Dr intersection,
address pedestrian and bicycle improvements at Hinesburg
Background, Continued, Page 2
Road/Patchen Road, and in between the two intersections
partially rebuild Williston Road. This project provides
substantial vehicular traffic, bicycle, and pedestrian circulation
and safety improvements.
The Garden Street project is 100% eligible for TIF District
financing. The estimate for Phase II is $8.27 million dollars and
this is the amount for which TIF District financing is sought.
This project is at 60% design and slated for construction in 2024.
The Williston Road Streetscape Project will construct a streetscape
between Dorset Street and Midas Drive on the south side of
Williston Road. This includes a shared-use path for bicycles and
pedestrians in lieu of the existing sidewalk. Where available
(most of the corridor) adequate room will be added between the
existing roadway curb and new path for snow storage,
landscaping (trees) and pathway-oriented lighting.
This project is at 60% design and slated for construction in 2024.
The estimate for this project is $2,596,776. It is 50% eligible for
TIF District Financing and thus the amount sought for TIF debt
authorization for this work is $1,298,388. The City has a federal-
aid grant for $800,000 of the required TIF match, and has
programmed in the Capital Improvement Project Plan (CIP) to
use Reserve funds to finance, either directly or through debt, the
remainder of the match.
The East-West Crossing Project will build a walk bike bridge over
I-89 with connecting shared-use paths on the south side of the
Exit 14 interchange. It is designed as a 24-7, 365 days a year
facility that will be comfortable for users and contribute to the
appeal of South Burlington and City Center
This project has a preferred alignment and has a recommended
design concept. It is slated for construction in 2025.
The budgeted cost for this project is $14,555,970. The City has
secured a federal-aid grant for $9,768,834 (67% of the project).
This project is 30% TIF District financing eligible. An additional
3% of the project cost will need to be secured that is not TIF
District financing, and the City is exploring a variety of funding
sources to make up this difference, including an additional
federal-aid grant.
Background, Continued, Page 3
The City Center Park Phase II Project – Boardwalk Connection
will create a paved shared-use path between Barrett Street,
Garden Street and Market Street with a boardwalk over the
wetland. This project will also include amenities such as park
signage, benches, bicycle racks and lighting. As a result of this
project, the Market Street stormwater pond recreation area will
become a main entrance to City Center Park.
This project is at 50% design and is slated for construction 2023-
2024.
The estimate for this phase of the project is $1,148,082. While the
project is 95% TIF District financing eligible, 100% of this cost
estimate will be funded with TIF District financing as the 5% of
the total cost of the City Center Park non-TIF revenues were
expended during an earlier phase of the project.
The draft total TIF district financing authorization sought is
estimated to be as follows:
Garden Street (Williston Road intersections) $8,272,560
Williston Road Streetscape $1,298,388
East West Crossing $4,367,400
City Center Park Phase II $1,148,082
Total: $15,086,430
Once a debt authorization is approved, the Council still must vote
to authorize all, if any, debt issued.
Voters will also be advised that should the City issue debt, and
the development that occurs is insufficient to generate the
revenue required to service the debt over the life of the TIF
District, the City will still need to provide the funds to service the
debt. While the City models that there will be sufficient
increment to service the debt, any bonds or loans will be general
obligation debt (backed by the full faith and credit of the City).
Overall Strategies for the TIF District
Although sufficient increment is projected to be generated by the
TIF District, these are strategies the City will pursue in order to
reduce risk:
A key strategy will be to work with prospective City Center
developers. As public projects are constructed, City Center
Background, Continued, Page 4
becomes more attractive to developers. Direct interactions are
still very important to investors and to increase knowledge of the
area. With these public projects completed, staff will have more
time to focus on undeveloped and under-used properties.
Over the next year, the City will seek additional grant funding to
reduce the amount of TIF District financing debt required to be
issued to fund the projects. Garden Street Phase II, the East-
West Crossing and Williston Road Streetscape are eligible for
additional federal aid grants.
Prior to issuing debt, design and construction estimates for
projects will be refined which may lower the funds required to
complete the projects.
The City will also seek to optimize the debt structure. For
example, the model shows service structured with level payments
(similar to a home mortgage). This structure reduces annual
negative balances but increases total interest paid. At the time of
debt issuance, the City could consider level principal payments,
which would lower the overall total funds required. Lenders will
also be explored to ensure that the rates are the most favorable.
TIF District Financing Modeling
A spreadsheet has been attached which contains three sets of
projections (titled “Preliminary Model for 2023 Town Meeting”):
TIF Fund– shows income (City Center TIF District
increment) and expenditures (debt payments related to issued
or proposed).
Income shown has two projections:
a) All projected development for City Center with
income from the most likely development and
redevelopment sites through 2037 – shown in teal, and
b) Existing development and development in the pipeline
(all Snyder-Braverman/SBCC, LLC projected
development).
Reserve Fund - this fund is used to pay for City share of TIF
District costs. It also acts as a cushion to provide the City
with cash solvency as the TIF District builds out.
Background, Continued, Page 5
The debt is modeled has a 14-year term at 4.26% interest with
five-year delayed principal payments and level payments through
the completion of the term (graduated principal payments).
Debt Authorization
The draft ballot question (see Article I, attached) authorizes
general obligation debt against the full faith and credit of the City
for TIF District financing in the amount of $15,086,430.
Any debt secured under this authorization is not projected to
raise the tax rate. TIF district financing increment is the primary
source that would service this debt authorization.
The Council will most likely be asked to make a decision
regarding issuing debt during the summer 2023 or winter 2023-24
bond pool. Debt would most likely be one bond issuance or loan
serviced by City Center TIF district financing. Bond
anticipation notes may be used if they are fiscally advantageous.
The requested authorization number is a ceiling of total debt but
could be issued as a direct payment (not a bond) from the TIF
District Increment Fund should the fund balance allow
(unlikely).
City Center CIP Reserve Fund
The City Center CIP Reserve Fund would be used absorb the
effect of negative balances so that it does not affect the overall
City cash balance. It provides a cushion for the TIF District
Fund to ensure there is sufficient cash on hand until development
projects in the TIF District are built and go onto the Grand List
and generate revenue.
Proposed Schedule
Approve putting the question on the ballot – December 19
Public Information Hearings/Meetings – January/February
Public Informational/Public Hearing – Pre-Town Meeting
March 6.
ATTACHMENTS: • Article I - Draft
• Preliminary Model for 2023 Town Meeting with the
estimated Debt Service Schedule (includes projected
income and expenditures for the TIF increment fund and
Reserve fund annually and cumulatively)
Background, Continued, Page 6
• Overview and Summary of TIF District Infrastructure
Projects to be funded under the proposed authorization
• Additional information on proposed projects (on City
website):
Garden Street Phase II
Williston Road Streetscape
East West Crossing
City Center Park Phase II
RECOMMENDATION: At the upcoming December 19 Council Meeting, consider a
Necessity Resolution and any other documentation required to
place Article I on the ballot.
ARTICLE 1
Shall the City Council be authorized to pledge the credit of the City to secure indebtedness, to borrow,
or to make direct payments of TIF increment for the purpose of funding one or more public
infrastructure or capital improvements and related costs attributable to projects serving the City Center
Tax Increment Financing (TIF) District, specifically:
(a) City Center Park Phase II (boardwalk connection): construction of new paved pathways and
elevated boardwalk between Barret Street, Market Street and Garden Street) to include shared
use paths and related amenities including installing lighting, benches, bicycle parking,
landscaping, wetland protection, and signage;
(b) Garden Street (Williston Road intersection improvements): realignment of the Williston Road,
White Street and Midas Drive intersection, improvements to the Hinesburg Road, Patchen
Road and Williston Road intersection, and improvements to the area in between to include
roadway, shared-use paths, crosswalks and sidewalks, benches, bicycle parking, a transit
shelter, stormwater treatment, utility, lighting and transportation upgrades;
(c) Williston Road Streetscape: installation of a shared-use path on the south side of Williston
Road between Dorset Street and Midas Drive, to include stormwater treatment, utility
relocation, landscaping, signage, lighting and transportation upgrades;
(d) East-West Crossing (a walk bike bridge over I-89 at Exit 14): construction of a pedestrian and
bicycle bridge, elevated and at-grade shared-use paths, lighting, benches, stormwater
treatment, signage, landscaping and transportation upgrades.
in a total principal amount not to exceed Fifteen Million, Eighty-Six Thousand, Four Hundred and Thirty
Dollars ($15,086,430) (to date, the total City Center TIF tax increment financing debt approved is
$29,402,000 of which only $14,430,062 has or is eligible to be issued as TIF District financed debt), and
to make direct payments, issue bond anticipation notes, bonds, notes or make interfund loans for such
purposes with the understanding that tax increment from the properties within the City Center TIF
District shall be pledged and appropriated in the approved portion for the payment of such
indebtedness or direct costs of the improvements?
11/2022 - PRELIMINARY MODEL FOR 2023 TOWN MEETING
July 1 2017 - June 30 2018
2018 (FY)2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 TOTALS:
DEADLINE TO INCUR DEBT: MARCH 31, 2024
1 (Year of TIF Revenue)2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
TIF DISTRICT FUND PROJECTION (PRELIMINARY - FALL 2022)
ANNUAL INCOME: PROJECTED TIF DISTRICT INCREMENT REVENUE Total:
ALL PROJECTED DEVELOPMENT 72,939.84$ 84,928.06$ 158,868.78$ 264,380.07$ 413,448.15$ 471,315.28$ 631,241.87$ 1,225,278.01$ 1,912,533.16$ 2,436,412.65$ 2,806,669.10$ 2,978,371.14$ 3,070,926.58$ 3,318,117$ 3,500,287$ 4,027,719$ 4,402,352$ 4,718,530$ 5,312,617$ 5,922,110$ (High)47,729,044$
EXISTING DEVELOPMENT AND PIPELINE (SBCC, LLC - SNYDER-BRAVERMAN) 72,939.84$ 84,928.06$ 158,868.78$ 264,380.07$ 413,448.15$ 471,315.28$ 631,241.87$ 1,225,278.01$ 1,546,425.69$ 1,801,731.91$ 2,125,825.79$ 2,283,954.89$ 2,362,638.02$ 2,415,093$ 2,468,763$ 2,523,679$ 2,783,144$ 2,845,223$ 3,014,381$ 3,081,327$ (Low)32,574,586$
YEAR OVER YEAR PROJECTED INCREMENT GROWTH FY 2018-FY2022 is ACTUAL REVENUE (INCREMENT)
ALL PROJECTED DEVELOPMENT 72,939.84$ 11,988.21$ 73,940.72$ 105,511.29$ 149,068.08$ 57,867.13$ 159,926.58$ 594,036.14$ 687,255.15$ 523,879.49$ 370,256.44$ 171,702.04$ 92,555.44$ 247,190$ 182,170$ 527,432$ 374,633$ 316,178$ 594,087$ 609,493$
EXISTING DEVELOPMENT AND PIPELINE 72,939.84$ 11,988.21$ 73,940.72$ 105,511.29$ 149,068.08$ 57,867.13$ 159,926.58$ 594,036.14$ 321,147.68$ 255,306.23$ 324,093.87$ 158,129.11$ 78,683.12$ 52,455$ 53,670$ 54,916$ 259,465$ 62,079$ 169,159$ 66,946$
INCREMENT TOTAL
ALL PROJECTED DEVELOPMENT 47,729,044.03$
EXISTING DEVELOPMENT AND PIPELINE 32,574,585.51$
ANNUAL EXPENDITURES - TIF FUND 2018 (FY)2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039
TIF FINANCING BOND PAYMENT SHEDULES (amt, purpose, term, interest)All TIF Debt has 5 Year Delayed Principle Payments BOND PAYMENT TOTAL:
2017 Market St & City Center Park ($5M, 20 YR, 3.39%)voted 2016 134,660.75$ 162,133.34$ 162,133.34$ 162,133.34$ 162,133.34$ 162,133.34$ 491,383.39$ 482,933.34$ 473,983.34$ 464,533.34$ 454,583.34$ 444,250.01$ 433,566.68$ 422,567$ 411,300$ 399,783$ 388,050$ 376,117$ 364,017$ 351,800$ 339,500$ -$ 7,243,694$
2020 180 Market Street ($5M, 17 YR, 1.90%)voted 2018 71,373.60$ 87,099.98$ 87,099.98$ 87,099.98$ 87,099.98$ 502,412.81$ 499,433.64$ 495,912.81$ 491,041.97$ 484,239.88$ 475,954$ 466,936$ 457,398$ 448,088$ 439,332$ 430,384$ 425,855$ -$ -$ 6,036,760$
2022 TIF Bond Payment ($0.43M, 15 YR, 2.03%)voted 2018 4,693.30$ 5,613.25$ 5,613.25$ 5,613.25$ 5,613.25$ 50,582.46$ 50,296.98$ 49,963.69$ 49,582.60$ 49,154$ 48,677$ 48,099$ 47,380$ 46,539$ 45,596$ -$ 513,017$
Estimated 2022 Garden St Phase I ($3.52M, 14 YR,4.26%)voted 2021 100,467.84$ 149,952.00$ 149,952.00$ 149,952.00$ 149,952.00$ 479,040.60$ 479,040.60$ 479,041$ 479,041$ 479,041$ 479,041$ 479,041$ 479,041$ 479,041$ 5,011,641$
Estimated 2023 Garden Street Phase II ($8.27M, 14 YR, 4.26%)vote 2023 236,115.41$ 352,411.06$ 352,411.06$ 352,411.06$ 352,411.06$ 1,125,821.62$ 1,125,821.62$ 1,125,822$ 1,125,822$ 1,125,822$ 1,125,822$ 1,125,822$ 1,125,822$ 1,125,822$ 11,778,154$
Estimated 2023 Williston Road Streetscape ($1.23M, 14 YR, 4.26%)vote 2023 37,058.59$ 55,311.33$ 55,311.33$ 55,311.33$ 55,311.33$ 176,699.02$ 176,699.02$ 176,699$ 176,699$ 176,699$ 176,699$ 176,699$ 176,699$ 176,699$ 1,848,595$
Estimated 2024 City Center Park Boardwalk ($1.15M, 14 YR, 4.26%)vote 2023 32,768.56$ 48,908.29$ 48,908.29$ 48,908.29$ 48,908.29$ 156,243.72$ 156,243.72$ 156,244$ 156,244$ 156,244$ 156,244$ 156,244$ 156,244$ 156,244$ 1,634,595$
Estimated 2024 Ped/Bike Bridge over I-89 ($4.37M, 16 YR, 4.26%)vote 2023 124,654.33$ 186,051.24$ 186,051.24$ 186,051.24$ 186,051.24$ 594,364.18$ 594,364.18$ 594,364$ 594,364$ 594,364$ 594,364$ 594,364$ 594,364$ 594,364$ 6,218,137$
RELATED COSTS - DIRECT REIMBURSEMENT DIRECT REIMBURSEMENT
$480,100 voted 2021 364,400$ 5,100$ 5,100$ 5,100$ 5,100$ 5,100$ 5,100$ 85,100$ 480,100$
Subtotal TIF BOND SERVICE:40,284,594.18$
Total TIF FUND EXPENDITURES:40,764,694.18$ (with direct reimbursement)
FUND BALANCE - TIF INCREMENT 2018 (FY)2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039
ANNUAL BALANCE - PROJECTED
ALL PROJECTED DEVELOPMENT (61,721)$ (77,205)$ (3,265)$ 30,873$ 159,522$ 216,469$ (483,919)$ (143,002)$ 137,890$ 629,229$ 1,013,242$ (539,054)$ (428,632)$ (161,727)$ (323,195)$ 585,169$ 981,565$ 1,319,273$ 1,935,352$ 2,607,186$ (344,600)$ (85,100)$
EXISTING DEVELOPMENT AND PIPELINE (61,721)$ (77,205)$ (3,265)$ 30,873$ 159,522$ 216,469$ (483,919)$ (143,002)$ (228,218)$ (5,451)$ 332,399$ (1,233,470)$ (1,136,920)$ (1,064,751)$ (1,354,719)$ (918,871)$ (637,643)$ (554,034)$ (362,884)$ (233,596)$ (344,600)$ (85,100)$
CUMULATIVE BALANCE - PROJECTED
ALL PROJECTED DEVELOPMENT (61,721)$ (138,926)$ (142,191)$ (111,318)$ 48,204$ 264,673$ (219,247)$ (362,249)$ (224,360)$ 404,870$ 1,418,112$ 879,058$ 450,426$ 288,699$ (34,495)$ 550,674$ 1,532,239$ 2,851,512$ 4,786,864$ 7,394,050$ 7,049,450$ 6,964,350$
EXISTING DEVELOPMENT AND PIPELINE (61,721)$ (138,926)$ (142,191)$ (111,318)$ 48,204$ 264,673$ (219,247)$ (362,249)$ (590,467)$ (595,918)$ (263,520)$ (1,496,990)$ (2,633,910)$ (3,698,661)$ (5,053,380)$ (5,972,251)$ (6,609,894)$ (7,163,928)$ (7,526,812)$ (7,760,409)$ (8,105,009)$ (8,190,109)$
FINAL YEAR (2037) TIF INCREMENT FUND BALANCE
ALL PROJECTED DEVELOPMENT 6,964,350$
EXISTING DEVELOPMENT AND PIPELINE (8,190,109)$
July 1 2017 - June 30 2018
2018 (FY)2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039
RESERVE FUND PROJECTION
ANNUAL INCOME
TRANSFERS FROM GENERAL FUND
Annual Transfer to City Center Reserve Fund 750,000$ 860,000$ 750,000$ 860,000$ 800,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000$ 860,000.00$ 860,000.00$ 860,000$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$ 860,000.00$
ANNUAL EXPENDITURES - RESERVE FUND
CITY SHARE OF PROJECT COSTS - DEBT PAYMENTS
Payment on 180 Market Street Bond - ($14M, 30 YR)583,452$ 926,056$ 917,423$ 908,626$ 899,596$ 890,239$ 877,532$ 867,452$ 859,308$ 846,624$ 832,620$ 817,496$ 801,487$ 784,733$ 767,387$ 749,850$ 732,140$ 714,299$ 696,449.00$ 678,394.00$ 660,695$ 643,102.00$ 625,159.00$ 607,215.00$ 589,272.00$ 571,329.00$ 552,788.00$ 533,650.00$ 514,512.00$ 495,374.00$ 476,226.00$ 572,359.00$
2022 Bond - 180 Market St (.97M, 30 YR, 2.03%)5,306$ 58,100$ 57,312$ 56,525$ 55,737$ 54,949$ 54,162$ 53,374$ 52,586$ 51,798$ 51,011$ 50,223$ 49,435$ 48,648$ 47,860$ 47,072$ 46,284.72$ 45,497.04$ 44,709$ 43,921.68$ 43,134.00$ 42,346.32$ 41,558.64$ 40,770.96$ 39,983.28$ 39,183.72$
Est. 2024 Bond - Williston Rd Stscape - (0.4M, 20 YR, 4.31%)3,238$ 29,271$ 28,585$ 27,899$ 27,214$ 26,528$ 25,842$ 25,157$ 24,471$ 23,785$ 23,100$ 22,414$ 21,728$ 21,043$ 20,356.95$ 19,671.26$ 18,986$ 18,299.90$ 17,614.21$ 16,928.53$ 16,242.84$ 47,990.93$
RESERVE FUND BALANCE
Cumulative City Center Reserve Fund Balance:2,700,000$ 3,450,000$ 3,726,548$ 3,158,000$ 3,095,271$ 2,928,545$ 2,828,399$ 2,712,365$ 2,610,511$ 2,520,210$ 2,439,527$ 2,373,001$ 2,321,952$ 2,287,501$ 2,270,532$ 2,271,790$ 2,291,868$ 2,330,957$ 2,389,228$ 2,466,814$ 2,563,723.49$ 2,680,161.19$ 2,815,771$ 2,970,447.67$ 3,144,540.46$ 3,338,050.61$ 3,550,977.13$ 3,750,886.24$ 4,018,114.96$ 4,305,281.24$ 4,650,769.24$ 5,015,395.24$ 5,399,169.24$ 5,686,810.24$
Accounts for non-debt payment debits to fund
July 1 2017 - June 30 2018
2018 (FY)2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039
CASH CUSHION: Annual Reserve Balance PLUS TIF Increment MINUS TIF and City Share Debt Service
ALL PROJECTED DEVELOPMENT 2,638,279$ 3,311,074$ 3,584,357$ 3,046,682$ 3,143,475$ 3,193,218$ 2,609,152$ 2,350,115$ 2,386,151$ 2,925,080$ 3,857,638$ 3,252,059$ 2,772,378$ 2,576,200$ 2,236,037$ 2,822,464$ 3,824,108$ 5,182,469$ 7,176,092$ 9,860,864$
EXISTING DEVELOPMENT AND PIPELINE 2,638,279$ 3,311,074$ 3,584,357$ 3,046,682$ 3,143,475$ 3,193,218$ 2,609,152$ 2,350,115$ 2,020,044$ 1,924,291$ 2,176,007$ 876,011$ (311,958)$ (1,411,160)$ (2,782,848)$ (3,700,461)$ (4,318,026)$ (4,832,972)$ (5,137,584)$ (5,293,595)$
Potential Increase in Transfer to Reserve: None Required at this time
Total voter authorized TIF Debt to date*14,430,062$
Estimated Proposed Potential Future Debt TIF Debt:15,086,430$
Total:29,516,492.00$
The 2018 Debt approved by the voters for the public library, city hall and senior center was authorized as $20,400,000 in TIF District Financing, but only $5,429,962 was eligible and issued as TIF District Financed debt.
CITY CENTER TAX INCREMENT FINANCING DISTRICT
INFRASTRUCTURE PROJECTS
There are four projects for which funding authorization is proposed:
City Center Park Phase II (boardwalk connection): This project will result in paved
pathways and elevated boardwalk between Market Street, Garden Street and City
Center Park across Tributary 3 to the Potash Brook wetlands and through the park
to Barret Street.
New shared use-path and upgrades to the existing pathways will include paving
and related amenities such as lighting, benches, bicycle parking, landscaping,
wetland protection, and signage.
Overview of City Center Park Phase II pathways to be added/upgraded connecting the park to City Center and
creating a north-south shared-use path.
TIF INFRASTRUCTURE IMPROVEMENTS SUMMARY
Page 2
Garden Street (Williston Road intersection improvements): The Garden Street project
includes the construction of roadway segments A, C and D. 100% of the total cost for the
Garden Street Project is eligible for TIF District Financing. The amount of financing sought in
Article I will enable the construction of Segment D. Funds may also be used on a portion of
segment C, specifically the Midas Drive segment.
Garden Street project overview of how this project phase (Phase II) relates to the earlier phase.
Segment D – Williston Road Intersections. This segment is Phase II and is shown as D on
the inset diagram Garden Street Project Overview. It will align White Street and
Midas Drive to form a right-angle intersection with Williston Road. Cross walks
will be located on all four sides. Turning lanes existing today will continue to exist.
Improvements are also planned for the Hinesburg Road, Patchen Road and
Williston Road intersection and Williston Road between Midas/White and
Hinesburg/Patchen.
Improvements to this segment include roadway, traffic signal, pedestrian and
bicycle, stormwater treatment, utility, lighting and other transportation and
streetscape upgrades.
TIF INFRASTRUCTURE IMPROVEMENTS SUMMARY
Page 3
Segment C – Connector. Funding for Segment C was authorized in the 2022 vote. This segment
extends from the northern edge of existing Garden Street roadway north of Market Street to
Midas Drive connecting to Williston Road. This segment (shown as C on the inset diagram
Garden Street Project) includes full roadway construction southeast of Midas Drive and curb,
paving, utility, streetlights, walking and bicycle facilities, and landscaping on Midas Drive.
Portions of this segment may be funded under this authorization.
Segment A – West End. Funding for Segment A was authorized already in the 2022 vote and not
requested under this authorization. Segment A is between Dorset Street and the bridge between
Trader Joes and Healthy Living. This segment includes utilities, streetlights, walking and
bicycling facilities, curb work, intersection signal work and landscaping (shown as A on the inset
diagram Garden Street Project) with most of the work occurring on the south side.
Segment B – Private Sector. Segment B has been constructed north of Market Street and is in
progress south of Market Street. All of Segment B will be undertaken and funded separately by
South Burlington City Center, LLC as part of the Snyder-Braverman development of the
surrounding land.
Williston Road Streetscape: The Williston Road Streetscape will result in
accommodations for pedestrians and bicycles on the south side of Williston Road in
the form of a shared-use path. The project’s wider green space between the curb
and the shared-use path, feasible for most of the project, will improve the condition
for walkers and bicyclers in inclement weather, provide snow storage and a buffer
from traffic. New pedestrian-oriented streetlights will improve evening visibility on
the shared-use path in the evenings and early mornings on this bus transit route.
Williston Road Streetscape location
TIF INFRASTRUCTURE IMPROVEMENTS SUMMARY
Page 4
Stormwater improvements will capture and treat rainwater accumulation from new
impervious surfaces. This project extends from Dorset Street to Midas Drive and
includes minimal roadway improvements (such as curb replacement where needed)
to accommodate the new facility. This project will not affect the width of the
Williston Road vehicular paved area.
This project is supported by a federal grant in the amount of $800,000, for which the TIF District
financing is also provides the required 20% match.
East-West Crossing (a walk bike bridge over I-89 at Exit 14): This project will
facilitate east-west travel throughout the region via a bridge for bicycles and
pedestrians over Interstate 89 at Exit 14. Shared-use paths will connect the bridge
over the interstate to Williston Road at Staples Plaza and the existing Dorset Street
path at the CVS. Spurs will also connect the project to Quarry Hill (a future
connection) and the University Mall. The pathway will be well lighted, with
benches and wayfinding. Some landscape is planned for the bridge. This facility
will be open year round 24-hours-per-day, 7-days-per-week.
East-West Crossing Walk Bike Bridge Project Location
TIF INFRASTRUCTURE IMPROVEMENTS SUMMARY
Page 5
Artist's rendering of the project in the evening and approaching the bridge from the east path.
This project is also supported by a RAISE grant in the amount of $9.8 million, for which the TIF
District financing is the bulk of the 33% required match.
BUDGET SUMMARY
The budgeted cost for these improvements is $26,573,388 based on secured funding and
estimated costs as follows:
PROJECTED
EXPENSE TOTAL FUNDING SOURCES
TIF Project Budgeted Cost TIF District Financing
(this vote)
Federal Funds
(secured)
Other funds
(such as grant or
designated fund)
City Center Park $1,148,082 $1,148,082 0
Garden Street $8,272,560 $8,272,560 0
Williston Road Streetscape $2,596,776 $1,298,388 $800,000 $231,888
East-West Crossing
$14,555,970 $4,367,400 $9,768,834 $480,000
Total: $26,573,388 $15,086,430 $10,568,834 $721,888
TIF INFRASTRUCTURE IMPROVEMENTS SUMMARY
Page 6
TIF DISTRICT FINANCING ELIGIBILITY SUMMARY BY PROJECT
Project TIF Eligibility Note (See Funding Sources Section Also)
City Center Park 95%
The City’s 5% share of total project costs was funded
from recreation impact fees during Phase I, the proposed
TIF district financing will fund 100% of Phase II.
Garden Street 100% No City funds required, although the project is impact
fee eligible.
Williston Road
Streetscape 50%
The City has an $800,000 federal grant for most of the
50% match and has planned to use a grant or reserve
funds or a grant for the remainder.
East West Crossing –
Walk Bike Bridge
over I-89
30%
The City has a $9.7 M federal grant for 67% of the cost
and for the remaining 3%. will seek grants or use funds
already set aside for City Center, transportation or
pedestrian and bicycle improvements.
TIF financing is debt which is serviced by TIF increment or direct payments made with TIF
increment. In March of 2015, the Vermont Economic Progress Council unanimously approved
the City Center Tax Increment Financing Plan. This was updated in 2021. It allows the City
(with voter approval) to use up to $29.1 million dollars in City Center TIF district tax increment
financing to fund public improvements. The City Center TIF District allows the City to annually
retain 75% of the growth in property tax revenues (TIF increment) since 2012 within the TIF
District. Revenues retained are from growth in both municipal and in state education property
tax. These revenues may only be used to service project debt or make direct payments for TIF
projects.
TIF Increment is 75% of new property tax revenues generated by the growth in property value in the City Center
TIF District since April 1, 2012. It is collected annually through tax year 2036-2037
MEMORANDUM
TO: Jessie Baker, City Manager
South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Second Reading and Public Hearing of LDR Amendments #LDR-22-07 & LDR-22-08
DATE: December 5, 2022 City Council meeting
Late last month, the City Council received a a pair of amendments to the Land Development Regulations that
would re-align zoning districts within the Shelburne Road corridor and adjust allowed uses within the affected
districts from the Planning Commission, and voted to hold a public hearing on the same for this evening. The
Planning Commission had previously approved the amendments 5-0.
The two amendments consist of the following, listed below and in the enclosed materials:
A. LDR-22-07: Modify the Zoning Map in a manner generally described as follows:
1) Redesignate land immediately north of Holmes Road from Commercial 1-Auto to Commercial 2
2) Redesignate land north and south of Fayette Road, immediately west of Shelburne Road, from
Commercial 1-Auto to Commercial 1-Residential 15
3) Redesignate land beginning ~75’ west of Fayette Road and ~280’ west of Fayette Road’s planned
extension, north of Old Orchard Park and south of the Chittenden County Humane Society, from
Commercial 1-Residential 15 to Commercial 1-Auto
B. LDR-22-08 Allow Municipal Uses in the Commercial 2 District and allow the following uses within
Commercial 1 Auto District: Congregate Care, Assisted Living, Continuum of Care; Educational Facility;
Educational Support Facilities; Hospice; Municipal Facility; Skilled Nursing; Social Services, as shown on the
table on the following page.
Also enclosed is the Planning Commission’s Report, approved on October 25th, which includes a description of
the amendments themselves as well as an assessment of their consistency with the Comprehensive Plan as
required under State Law.
Following warning of the public hearing, staff has received one public comment letter; it is enclosed.
Possible Council Action 1: “I move to open a public hearing on proposed amendments to the Land
Development Regulations #LDR-22-07 and #LDR-22-08”
Possible Council Action 2: “I move to close the public hearing on proposed amendments to the Land
Development Regulations #LDR-22-07 and #LDR-22-08”
Possible Council Action 3: “I move to adopt proposed amendments to the Land Development Regulations
#LDR-22-07 and #LDR-22-08 as presented in this evening’s City Council packet”
2
Proposed Amendments to the South Burlington Land Development Regulations
A. LDR-22-07: Modify the Zoning Map in a manner generally described as follows and depicted on the map on
the following page:
1) Redesignate land immediately north of Holmes Road from Commercial 1-Auto to Commercial 2
2) Redesignate land north and south of Fayette Road, immediately west of Shelburne Road, from
Commercial 1-Auto to Commercial 1-Residential 15
3) Redesignate land beginning ~75’ west of Fayette Road and ~280’ west of Fayette Road’s planned
extension, north of Old Orchard Park and south of the Chittenden County Humane Society, from
Commercial 1-Residential 15 to Commercial 1-Auto
B. LDR-22-08 Allow Municipal Uses in the Commercial 2 District and allow the following uses within
Commercial 1 Auto District: Congregate Care, Assisted Living, Continuum of Care; Educational Facility;
Educational Support Facilities; Hospice; Municipal Facility; Skilled Nursing; Social Services, as shown on the
table on the following page.
See information on following pages.
3
LDR-22-07: Zoning District Re-alignment
Key to Maps:
• Commercial 1-Residential 15 (RED);
• Commercial 1-Auto (BLUE);
• Commercial 2 (PURPLE)
Map 1: Current Zoning
Map 2: Proposed Zoning
C1-R15
C1-R15
C1-Auto
C1-Auto
Commercial 2
Commercial 2
4
LDR-22-08: Proposed changes to Table of Uses
Key to Changes:
• Red Underlined: Proposed Addition
• Red Strikethrough: Proposed Deletion
Commercial 1 Heavy
Commercial-
Industrial
NON-RESIDENTIAL ZONING DISTRICTS C1
R15
C1-
AUTO
C2
Residential Uses
Single-family dwelling
Two-family dwelling
Multi-family dwelling P PUD P P
Accessory residential units See Section 3.10
Group home or Residential Care Home
Agricultural Uses Exempt from local regulation in all
districts
Public & Quasi-Public Uses
Cemeteries Conditional in all districts
Community center P P P
Congregate care, assisted living, or continuum of care facility C C C
Cultural facility P P
Educational facility P P C
Educational support facilities P(5) P(5)
Food Hub P(6) P(6) P(7)
Funeral homes, mortuaries, and crematoriums C C C
Hospice P P P
Municipal facility P P P
Parks Permitted in all districts
Personal instruction facility P P P
Place of worship P P P
Recreation paths Permitted in all districts
Skilled nursing facility C C C
Social services C C C
Commercial & Industrial Uses
Adult use
Agriculture & construction equipment sales, service & rental P
Airport Uses
Animal shelter C
Artist production studio P P P
Auto & motorcycle sales P P
Auto & motorcycle service & repair P P
Auto rental, with private accessory car wash & fueling P
Bank or Credit Union with drive-through P P P
5
Bed & breakfast
Cannabis dispensary (dispensing only) P P P
Cannabis dispensary (cultivation only)
Car wash P
Child care facility, licensed non-residential P P P
Commercial greenhouse P
Commercial kennel, veterinary hospital and pet day care C P
Commercial or public parking facility C C C
Contractor or building trade facility P
Distribution and related storage, with >15% of GFA in office
or other principal permitted use by same tenant
P
Equipment service, repair & rental P
Family child care home, registered or licensed
Financial institution P P P
Flight instruction
Hotel P P C
Hotel, extended stay P C
Indoor theater P P
Indoor vehicle storage, maximum 10,000 square feet
Junk yard
Light manufacturing P
Lumber and contractor’s yard P
Manufacturing & assembly from previously prepared
materials & components
P P P
Mobile home, RV and boat sales, repair & service P
Motor freight terminal
Office, general P P P
Office, medical P P P
Personal or business service P P P
Pet grooming P P P
Photocopy & printing shops, with accessory retail P P P
Printing & binding production facilities P
Private providers of public services, including vehicle storage
and maintenance
P
Processing and storage P
Radio & television studio P P P
Recreation facility, indoor P P P
Recreation facility, outdoor C C C
Research facility or laboratory P P P
Restaurant, short order P P P
Restaurant, standard P P P
Retail sales P P P (9)
Retail warehouse outlet P
Sale, rental & repair of aircraft & related parts
Seasonal Mobile Food Unit P P P
6
Self-storage P
Service station C
Shopping center C
Taverns, night clubs & private clubs P P P
Transportation services P
Warehousing & distribution
Wholesale establishments P
Key and Notes to the Table above:
P = Permitted PUD = Allowable
within a Planned
Unit
Development
TO =
Allowable only
in the Transit
Overlay
District
C = Conditional Use ACC = Allowable
as an accessory
use
Concerns with Tesla Dealership Proposal
I have some concerns about the proposal to put a Tesla Dealership in South Burlington due to Elon
Musk's recent actions with Twitter. I'm all for Electric Cars and renewable energy however Elon Musk is
also the CEO of Twitter, SpaceX and Tesla and has shown some serious questionable business decisions
with regards to Twitter. As soon as he took Twitter over he fired half the staff. He doesn't seem to care
about the legal ramifications of his actions. Twitter has obligations to the Federal Trade Commission and
because of his actions it's going to make it hard for Twitter to meet those obligations. Twitter is looking
at some serious fines if it doesn't meet those obligations.
I agree he runs Tesla a lot differently than he runs Twitter and it's run relatively well. However, Tesla is a
car manufacturer and there's actual lives at stake. If the car doesn't operate properly then it can kill
people easily. Tesla cars are highly technical which uses software that is automatically downloaded to
the car. If Mr. Musk decided to treat Tesla like Twitter it could seriously degrade the performance of
every single Tesla car on the road and put people and property at risk. I would also stress that Vermont
roads are not like California or Arizona where it's sunny all the time. We have a lot of weather and it can
change quickly and Vermont roads are not very kind or forgiving to cars that don't run properly. Another
problem is that Tesla follows the Apple model as it's an enclosed ecosystem. You have to buy everything
and service your car through Tesla. You're not allowed to use third party parts or have third party
mechanics work on your tesla. So if Elon Musk decided to for whatever turn all the cars off then all we
are left with glorified paper weights and no one can fix any of them.
I'd like to see the Tesla dealership put on hold until all the Twitter problems are solved and Elon Musk is
running all his companies ethically and in accordance with local, state and federal laws. Otherwise we
could be looking at people being killed and property destroyed just because Elon Musk made decisions
and he's willing to pay the cost of them.
Thanks for reading
Andy.
Andy Champagne
[Received November 23, 2022]
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission held a public hearing on Tuesday, October 25, 2022 at 7:00
pm, in person and via electronic platform, to consider the following amendments to the South
Burlington Land Development Regulations:
A. LDR-22-07: Modify the Zoning Map in a manner generally described as follows:
1) Redesignate land immediately north of Holmes Road from Commercial 1-Auto to
Commercial 2
2) Redesignate land north and south of Fayette Road, immediately west of Shelburne Road,
from Commercial 1-Auto to Commercial 1-Residential 15
3) Redesignate land beginning ~75’ west of Fayette Road and ~280’ west of Fayette Road’s
planned extension, north of Old Orchard Park and south of the Chittenden County Humane
Society, from Commercial 1-Residential 15 to Commercial 1-Auto
B. LDR-22-08 Allow Municipal Uses in the Commercial 2 District and allow the following uses within
Commercial 1 Auto District: Congregate Care, Assisted Living, Continuum of Care; Educational
Facility; Educational Support Facilities; Hospice; Municipal Facility; Skilled Nursing; Social Services
Brief Description and Findings Concerning the Proposed Amendments
The proposed amendments have been considered by the Planning Commission for their consistency
with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted
February 1, 2016. For each of the amendments, the Commission has addressed the following as
enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
2
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
A. LDR-22-07: Modify the Zoning Map in a manner generally described as follows:
Area 1: Redesignate land immediately north of Holmes Road from Commercial 1-Auto to
Commercial 2
Area 2: Redesignate land north and south of Fayette Road, immediately west of Shelburne
Road, from Commercial 1-Auto to Commercial 1-Residential 15
Area 3: Redesignate land beginning ~75’ west of Fayette Road and ~280’ west of Fayette
Road’s planned extension, north of Old Orchard Park and south of the Chittenden County
Humane Society, from Commercial 1-Residential 15 to Commercial 1-Auto
Brief explanation of the proposed amendment:
This amendment would modify the boundaries of three zoning districts on the west side of Shelburne
Road as described above and shown on the draft Map. Specifically:
In Area (1), allowed uses would be modified and residential base densities reduced on the subject
properties. Lot and building coverages and setbacks would not be affected. Two of the three involved
properties are presently approved for auto sales in the C1-Auto district; this use is allowed in the
Commercial 2 district as well. The third property is a municipal fire station. LDR-22-08 would continue
to permit that use.
In Area (2), auto sales would no longer allowed following a change from C1-Auto and C1-R15. No auto
sales uses are presently approved in the affected area.
In Area (3), auto sales would be newly allowed following a change from C1-R15 to C1-Auto. No auto
sales uses are presently approved in the affected area, but would become eligible.
Findings Concerning the Proposed Amendments
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The change would facilitate the re-use of properties presently laid out as large format retail
spaces to allow re-use or re-development for auto sales in an area removed from the primary
transportation network, Shelburne Road, disallow new auto sales in a portion of land
immediately west of Shelburne Road where mixed residential-commercial redevelopment is
ongoing.
The proposed changes are generally neutral to the availability of safe and affordable housing,
with both the C1-R15 and C1-Auto districts allowing a base residential density of 15 dwelling
units per acre. The re-alignment of these two districts would modify where auto sales are
3
permitted, away from Shelburne Road, to west of Fayette Road. Shelburne Road is served by
transit. Parcels proposed to move from C1-Auto to C2 would have a reduced base residential
density, however two are currently auto sales and the third is a municipal fire station.
The 2016 Comprehensive Plan includes several goals and policies, described in the Plan as
objectives and strategies:
Comprehensive Plan Goals, Objectives & Strategies:
• Goal: Opportunity Oriented. Being a supportive and engaged member of the larger regional
and statewide community.
• Sub-Goal: Prioritize development that occurs within the community into the higher intensity
areas identified within this Plan;
• Objective 9: Be a good partner with business in helping them locate in South Burlington or
continue to grow here.
• Objective 39: The majority of all new development will occur within the Shelburne Road,
Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service
area.
• Objective 54. Promote higher-density, mixed use development and redevelopment along
Shelburne Road and foster effective transitions to adjacent residential areas.
• Objective 55: Maintain Shelburne Road as a roadway for both regional and local circulation.
• Strategy 124: Review the city’s Land Development Regulations in key transition areas:
between the Southwest and Southeast Quadrants; between Swift Street and adjacent areas;
between Allen Road and adjacent areas.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments would re-align zoning districts along the Shelburne Road corridor.
The amendments better align proposed future land uses with existing and planned
infrastructure, such as transit services, by re-locating allowable area for future auto sales and
repair, which tend to be land intensive, to areas further removed from Shelburne Road. Base
residential densities are affected on three parcels as noted above, however maximum density
through the use of TDRs (presently before City Council) and Inclusionary Zoning are unaffected.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
This proposed amendment does not relate directly to any planned community facilities.
B. LDR-22-08 Allow Municipal Uses in the Commercial 2 District and allow the following uses within
Commercial 1 Auto District: Congregate Care, Assisted Living, Continuum of Care; Educational
Facility; Educational Support Facilities; Hospice; Municipal Facility; Skilled Nursing; Social Services
Brief explanation of the proposed amendment:
4
The proposed amendment would allow Municipal Facilities within the Commercial 2 district, located
in the southern half of the Shelburne Road corridor, a portion of Dorset Street north of Kennedy
Drive, and a portion of Patchen Road near Landfill Road.
The proposed amendment would allow several additional uses within the Commercial 1-Auto
District, located along a portion of Shelburne Road, in the same manner as they are permitted
within the adjacent Commercial 1-Residential 15 Zoning District.
Findings Concerning the Proposed Amendments
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The proposed changes would provide additional opportunities for congregate care facilities in
the Shelburne Road corridor, an area served by transit and services. The amendment will also
ensure that existing municipal facilities along Shelburne Road implicated in LDR-22-07 remain
allowed uses.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed changes would enable new uses, including municipal facilities, within the
Commercial 2 and C1-Auto Districts District. The majority of the Commercial 2 District, and all of
the C1-Auto District, is well served by public transit and infrastructure, while the one area not
served by transit is located adjacent to the existing public work facility. The proposed allowed
uses are already allowed in adjacent districts along Shelburne Road.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
The proposed changes do not implicate any specific proposals for planned community facilities.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
PROPOSED AMENDMENTS to the SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Public Hearing Monday, December 5, 2022 at 9:00 pm
PLEASE TAKE NOTICE that the City Council will hold a public hearing on Monday, December 5, 2022 at 9:00
PM to consider amendments to the Land Development Regulations. The amendments affects areas of the
City specified below. The hearing will be held in person and remotely via GoToMeeting. Participation
options:
• In Person: City Hall Auditorium, 180 Market Street
• Interactive Online: https://meet.goto.com/SouthBurlingtonVT/city-council-12-05-2022
• Telephone: (872) 240-3212; Access Code: 680-872-653
The purpose of the hearing is to consider the following:
A. LDR-22-07: Modify the Zoning Map in a manner generally described as follows:
1) Redesignate land immediately north of Holmes Road from Commercial 1-Auto to Commercial 2
2) Redesignate land north and south of Fayette Road, immediately west of Shelburne Road, from
Commercial 1-Auto to Commercial 1-Residential 15
3) Redesignate land beginning ~75’ west of Fayette Road and ~280’ west of Fayette Road’s
planned extension, north of Old Orchard Park and south of the Chittenden County Humane
Society, from Commercial 1-Residential 15 to Commercial 1-Auto
B. LDR-22-08: Allow Municipal Uses in the Commercial 2 District and allow the following uses within
Commercial 1 Auto District: Congregate Care, Assisted Living, Continuum of Care; Educational Facility;
Educational Support Facilities; Hospice; Municipal Facility; Skilled Nursing; Social Services
Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning,
City Hall, 3rd Floor, 180 Market Street, and on the city website at www.sbvt.gov.
Helen Riehle, City Council Chair
November 17, 2022
MEMORANDUM
TO: South Burlington City Council
FROM: Colin McNeil, City Attorney
Paul Conner, Director of Planning and Zoning
DATE: December 5, 2022
RE: Receipt of Certain City Fees Associated with Affordable Housing Development
Background
Earlier this fall, the City received a question from Summit, the developers developing affordable
housing at O’Brien Farm, whether the City had any flexibility in when it requires receipt of certain
impact and permitting fees. For this project, Summit will pay $597,823.72 in City fees for which
they will need to take out a construction loan for this amount for approximately 15 months before the
building is constructed and revenue is generated. With interest rates in the current economic climate,
they would pay approximately $45,000 in interest for the city fee portion of the construction loan
over the 15-month period. Therefore, if required to pay these fees prior to construction, 90 percent of
the $50,000 the City has contributed from its Housing Trust Fund will go to fund bank interest.
To be nimble to this present economic reality and ensure the intended purpose of trust fund dollars
supported by the taxpayers is fully realized, attached in your packets please find draft amendments to
City Ordinances that would allow for a postponement of the receipt of impact and permitting fees.
As drafted, fees for affordable housing projects for which the City is a financial party will not be due
prior to the issuance of a certificate of occupancy rather than at the start of construction.
The full texts of both the Impact Fee Ordinance and the Ordinance Regulating the Use of
Public & Private Sanitary Sewerage and Stormwater Systems can be found on the City website by
following the link below:
https://www.southburlingtonvt.gov/government/city_regulations_and_ordinances/existing_ordinance
s.php
The Council held a first reading of these proposed amendments on Monday, November 7, 2022. The
Ordinances proposed to be amended are enclosed.
Possible Action
Please consider these amendments. Following the public hearing, if the Council desires to approve
these proposed amendments, the recommended motion is:
Move that the Council amend the:
Impact Fee Ordinance: and
Ordinance Regulating the Use of Public & Private Sanitary Sewerage and Stormwater
Systems.
as proposed without amendment and considered by the Council during the public hearing held on
today’s date.
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
1
Impact Fee Ordinance
Adopted: January 9, 1995
Amended:
April 17, 1995
December 2, 1996
February 2, 1998
September 7, 1999
July 16, 2001
December 3, 2007
October 19, 2009
July 1, 2013 (Effective October 15, 2013)
May 19, 2014
December 5, 2022
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
2
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Section 1. Authority.
This ordinance is enacted pursuant to the specific authority granted municipalities to establish
impact fees contained in 24 V.S.A., Chapter 131 and the authority granted the City of South Burlington to
enact ordinances set forth in its Charter and 24 V.S.A. Chapter 59. This ordinance shall be a civil ordinance
within the meaning of 24 V.S.A. Chapter 59.
Section 2. Purpose.
It is the purpose of this ordinance to establish impact fees to pay portions of the cost of
constructing capital facilities for new development in the City that will be served by such facilities. To the
extent that new capital facilities are necessitated by new development and such facilities benefit the new
development, it is appropriate that the new residents and owners bear an appropriate portion of the costs
of constructing the new facilities.
Section 3. Establishment of Fees.
A. Road Improvement Impact Fee: Except as provided in subparagraph (5), any land development as
described in subparagraph (1) which is issued a permit under the City of South Burlington Zoning
Regulations after the date this Impact Fee Ordinance provision becomes effective shall pay an impact
fee determined in accordance with the formula set forth in subparagraph (2).
(1) This impact fee shall apply to any land development that results in an increase in dwelling
units or, in the case of non‐residential development, an increase in PM peak hour vehicle
trip ends (vehicle trips occurring between the hours of 4:00 PM and 6:00 PM on weekdays),
as determined by the Development Review Board / Administrative Officer as appropriate.
a. In making the determination required by subparagraph (1), the Development
Review Board or Administrative Officer shall use the methodology set forth in
Appendix B.2 of the applicable South Burlington Land Development Regulations.
b. In determining the trip generation rate for Child Care Centers, as defined within the
latest version of the ITE Trip Generation manual (i.e. “Licensed non‐residential child
care facilities” as defined in the applicable South Burlington Land Development
Regulations), the Development Review Board or the Administrative Officer shall
apply a pass‐by rate of 30%. This pass‐by rate shall apply to all Child Care Centers
for which the City already has issued a zoning permit since January 1, 2011, upon
(re)submission of an application and to all future applications for Child Care Centers.
(2) Formula for determination of impact fees:
(a) Single Family Dwelling: $1,009.86 per unit less appropriate credits as shown in column
5 (net fee, single‐family dwellings) of Table RD‐4.
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
3
(b) Multi‐Family Dwelling (fee per unit): $669.91 per unit, less appropriate credits as
shown in column 9 (net fee, multi‐family dwellings) of Table RD‐4.
(c) Non‐residential Development: $999.86 multiplied by the number of PM peak hour
vehicle trip ends and reduced by the amount of any credit due from Tables RD‐5 and RD‐6.
Estimate of post‐construction assessed value of non‐residential development shall be
calculated as described in the Road Impact Fee section of the City of South Burlington 2007
Impact Fee Analysis Report referenced below.
(3) The impact fee formula set forth in subparagraph (2) above is based on a study and report
entitled, “CITY OF SOUTH BURLINGTON 2007 IMPACT FEE ANALYSIS REPORTS”, prepared by
Michael J. Munson, Ph.D., FAICP, dated October 12, 2007, which report is incorporated into this
ordinance by reference. The pass‐by rate in subparagraph (1)(b) is based on a study and report
entitled, “Adjustment to Traffic Impact Fees for Child care Centers” prepared by BFJ Planning,
dated February 21, 2014, which report is incorporated into this ordinance by reference.
(4) Impact fees collected pursuant to this ordinance provision shall be used to pay costs
associated with the following road improvement projects which are described in the above
referenced report:
(a) Hinesburg Road/Van Sicklen Road Intersection Improvements
(b) Williston Road Reconstruction
(c) Airport Drive Extension
(d) Airport Parkway/Ethan Allen Road Intersection Improvements
(e) Tilley to Community Drive Connector
(f) City Center Road Network
(5) This impact fee shall not apply to land development as described in subparagraph (1) which:
(a) is for development within a subdivision that received final plat approval under the South
Burlington Subdivision Regulations prior to January 9, 1995, which subdivision approval
contained a condition requiring payment of fees to the City for the purpose of funding road
improvements; and
(b) the fees specified in the subdivision approval were paid to the City in accordance with
the terms of the approval; and
(c) a permit is issued for the development under the South Burlington Zoning Regulations
on or before January 9, 2005.
(6) A development that includes a Traffic Demand Management Plan approved by the
Development Review Board / Administrative Officer may be granted a credit not to exceed 25
percent of the original number of trips generated multiplied by the fee per PM Peak Hour Trip
($999.86), provided that the applicant agrees to provide the post development verification study
and security described in the above referenced Impact Fee Analysis report.
B. Recreation Impact Fee: Except as provided in Subparagraph (5), any land development as
described in subparagraph (1) which is issued a permit under the City of South Burlington Land
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
4
Development Regulations after the date this Impact Fee Ordinance provision becomes effective shall
pay an impact fee determined in accordance with the formula set forth in subparagraph (2).
(1) This impact fee shall apply to any land development resulting in an increase in dwelling units.
(2) Formula for determination of impact fees:
(a) Dwellings in structures containing three or fewer units: $1,685.67 per unit, less
appropriate credits, as shown in column 4 of Table REC‐4.
(b) Dwellings in structures containing four or more units: $1,179.97 per unit, less
appropriate credits as shown in column 7 of Table REC‐4.
(3) The impact fee formula set forth in subparagraph (2) above is based on a study and report
entitled, “CITY OF SOUTH BURLINGTON IMPACT FEE ANALYSIS UPDATED” prepared by Michael
J. Munson, Ph.D., FAICP, dated May 28, 2013, which report is incorporated into this ordinance
by reference.
(4) Impact fees collected pursuant to this ordinance provision shall be used to pay costs
associated with the following recreation improvement projects which are described in the above
referenced reports:
(a) Develop Soccer Field on land in South Village
(b) Land acquisition for “Marceau Meadows” recreation fields property in the vicinity of
Hinesburg Road and Van Sicklen Road
(c) Development of “Marceau Meadows” recreation fields
(d) Development of Old Farm Road area recreation fields
(e) Development of Dumont Park recreation area in the vicinity of Iby Street and Market Street
(f) Development of recreation paths and bicycle lanes as described in the above referenced
Impact Fee Analysis, including:
i. Dorset Street/Hoehn connection along Dorset Street
ii. Spear Street bicycle lane
iii. Shelburne Rd/Queen City Park Rd improvements
iv. Connection from Tilley Drive to Marshall Avenue, including bridging
v. Vale Drive to Spear & Swift recreation path connection
vi. Recreation path extension along Airport Drive extension to Lime Kiln Road
vii. Recreation path connection from the Williston Road Holiday Inn to Patchen
Road
viii. Extension along Hinesburg Road to Tilley Drive
(5) This impact fee shall not apply to land development as described in subparagraph (1) which:
(a) is for development within a subdivision that received final plat approval under the South
Burlington Subdivision Regulations prior to January 9, 1995, which subdivision approval
contained a condition requiring payment of fees to the City for the purpose of funding
recreation improvements; and
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
5
(b) the fees specified in the subdivision approval were paid to the City in accordance with
the terms of the approval; and
(c) a permit is issued for the development under the South Burlington Zoning Regulations
on or before January 9, 2005.
C. Dorset Street Waterline Fee: Any dwelling unit as described in subparagraph (1) which connects
to the Dorset Street waterline referred to in subparagraph (3), after February 2, 1998, shall pay an
impact fee set forth in subparagraph (2).
(1) This impact fee shall apply to any dwelling unit in the Dorset Street Waterline Service Area
as delineated on a plan dated January 30, 1998, which is incorporated herein by reference.
(2) The impact fee shall be $187.25 per dwelling unit, which amount shall be increased on
January 1, 1999, and each year thereafter by 4%.
(3) The impact fee in subparagraph (2) above is based on cost in excess of $141,932 to construct
approximately 5180 feet of waterline and related improvements within the Dorset Street right‐
of‐way.
(4) Impact fees collected pursuant to this ordinance provision shall be used to pay the cost of
the waterline improvements described in subparagraph (3) above.
D Fire Protection Fee: Except as provided in subparagraph (5), any land development as described in
subparagraph (1) which is issued a permit under the City of South Burlington Zoning Regulations after
the date this Impact Fee Ordinance provision becomes effective shall pay an impact fee determined
in accordance with the formula set forth in subparagraph (2).
(1) This impact fee shall apply to any land development that results in an increase in total value
of property at risk in the City (including structures and contents), as described in the report
entitled “CITY OF SOUTH BURLINGTON 2007 IMPACT FEE ANALYSIS REPORTS” prepared by
Michael J. Munson, Ph.D., FAICP, and dated October 12, 2007, which is incorporated into this
ordinance by reference.
(2) Formula for determination of impact fees:
(a) Single Family Dwelling: $304.85 per unit less appropriate credits as shown in column 5
(net fee, single‐family dwellings) of Table FP‐7.
(b) Multi‐Family Dwelling (fee per unit): $192.96 per unit less appropriate credits as shown
in column 9 (net fee, multi‐family dwellings) of Table FP‐7.
(c) Non‐residential Development: $0.67 per $1,000 estimated value of all structures and
contents. Estimate of post‐construction assessed value of non‐residential structures shall
be based on estimated improvement values for new structures contained in Table FP‐8,
multiplied by a factor of 2.5 to provide the total estimated value of the structure, site
improvements and contents, reduced by the amount of any credits due using the procedure
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
6
described in the above referenced Fire Protection Impact Fee Analysis report and Tables
FP‐9 and FP‐10.
(3) Impact fees collected pursuant to this ordinance provision shall be used to pay costs
associated with the following fire protection improvement projects which are described in the
above referenced report:
(a) Renovations to Fire Station #2
(b) New Heavy Vehicles
(c) New Light Vehicles
(d) New Equipment
(4) A credit of up to ten percent of the base impact fee may be awarded to non‐residential
developments that include installation of a sprinkler system designed to meet the guidelines of
the Insurance Rating Organization with no more than 25 deficiency points.
E. Police Impact Fee: Any land development which is issued a permit under the City of South
Burlington Land Development Regulations after the date these amendments to the Impact Fee
Ordinance become effective shall pay an impact fee determined in accordance with the formula set
forth in subparagraph (1). This impact fee shall be based on the report entitled POLICE IMPACT FEE
ANALYSIS: CITY OF SOUTH BURLINGTON, prepared by Michael J. Munson, Ph.D., FAICP, and dated
May 28, 2013.
(1) Formula for determination of Police impact fees
(a) Dwellings in structures containing three or fewer units: $503.88 per unit less appropriate
credits as shown in column 5 of Table PD‐4.
(b) Dwellings in structures containing four or more units: $352.72 per unit less appropriate
credits as shown in column 9 of Table PD‐4.
(c) Non‐Residential Development: $237.76 per 1,000 square feet of floor area, less
appropriate credits as described in the above referenced Police Impact Fee Analysis,
making use of Tables PD‐5, PD‐6, and PD‐7.
(2) Impact fees collected pursuant to this ordinance provision shall only be used to pay capital
costs associated with the new police station, as described in the above referenced report.
Section 4. Payment of Fees
Except as provided for under subsection (A) below, Iimpact fees levied under this ordinance shall
be paid to the City Treasurer prior to the issuance of any permits under the Zoning Regulations of the City
of South Burlington for the construction of any development subject to the payment of impact fees. The
Zoning Administrator shall not issue any zoning permit for the construction of such developments without
first receiving proof of payment of the required impact fees from the City Treasurer.
A. Perpetually Affordable Housing to which the City is a Financial Contributor. Payment of impact
fees levied under this ordinance may be paid to the City Treasurer after the issuance of any
permits under the Zoning Regulations of the City of South Burlington for construction and
development but prior to the issuance of a Certificate of Occupancy provided the following two
criteria are met:
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
7
1) The project is for the development of housing that is not less than 50% of the dwelling units
perpetually affordable, with “affordable” being defined by the City’s Land Development
Regulations; and
2) The City has made some prior financial contribution to the development in the form of a grant
from the City’s general or housing trust fund or by means of a Vermont Community
Development Fund/Community Development Block Grant or other such State of Federal
grants or loans in which the City is a transactional party.
Section 5. Accounting and Register of Payment.
A. Impact fees collected pursuant to this Ordinance shall be placed by the City Treasurer in separate
interest bearing accounts for each type of impact fee established.
B. The City Treasurer shall maintain a register for each account indicting the date of payment of each
fee, the amount paid, and the name of the payer.
C. The City Treasurer shall prepare an annual accounting of all fees paid into and withdrawn from
each account, showing the source and amounts collected, and the amounts expended and the
projects for which such expenditures were made.
Section 6. Refunds.
A. If the actual expense to the City of a project to be funded at least in part by impact fees is less than
the fees collected or to be collected, the City shall refund to the then owner of the property for which
the fee was paid, that portion of any impact fee, with accrued interest, which is in excess of the
appropriate amount due to the City. The City shall provide this refund within one year of the date it
completes or terminates construction of the project.
B. If the City reduces the amount of an impact fee after some fees have been collected, the City shall
refund to the then owner of the property for which a fee was paid, that portion of any impact fee,
with accrued interest, which is in excess of the appropriate amount due to the City. The City shall
provide this refund within one year of the date it reduces the impact fee.
C. If the City does not expend an impact fee within six years of the date it is paid, the then owner of
the property for which the fee was paid may apply for and receive a refund of the fee, provided the
request for refund is filed within one year of the expiration of the six year time period.
D. A person who pays an impact fee established under this ordinance and subsequently abandons
the project without commencing construction of the land development on which the impact fee was
based, may request and receive from the City a refund of the impact fee in full. Any accrued interest
shall be retained by the City to offset administrative costs. A person who receives a refund under this
provision shall not commence construction of the land development for which the refund was made
without repaying the required impact fees.
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
8
Section 7. Expenditure Restrictions.
A. All impact fees collected pursuant to this ordinance, and accrued interest, shall be expended only
for the specifically identified projects which were the basis for the fees. Such fees and accrued
interest shall be expended within six years of the date they are received by the City Treasurer.
B. The City Treasurer shall pay, from the appropriate account, expenses associated with the
designated projects as they become due and upon receipt of appropriate documentation regarding
such expense.
Section 8. Credits for "In‐Kind" Contributions.
A. "In‐Kind" contribution shall mean provision, by a person subject to payment of an impact fee, of
land or equipment or construction of facilities that are included in the impact fee analyses and
computations, and which are included in or consistent with the City's Comprehensive Plan.
B. Upon recommendation of the Development Review Board or Administrative Officer, the City
Council may approve a credit against any impact fee levied under this ordinance for the value of "In‐
Kind" contributions. The amount of credit for an "In‐Kind" contribution shall be based on the actual
cost to the person requesting the credit of providing or creating the facilities. The Development
Review Board or Administrative Officer shall indicate the basis on which the amount of credit is
determined. The amount of credit for an "In‐Kind" contribution shall not exceed the total amount of
the impact fee for that type of facility which would otherwise be levied on the proposed
development.
Section 9. Appeals.
An individual or entity required to pay an impact fee under this ordinance may challenge the
imposition of such fee, or the amount of the fee, by filing a written notice of appeal with the City Clerk,
which appeal shall not be filed later than thirty days after payment of the impact fee. Said notice of appeal
shall state the basis of the appellant's challenge to the fee. Within sixty days of the filing of a notice of
appeal, the City Council shall hold a public hearing to receive oral and written evidence and argument
from the appellant and City representatives. Within forty‐five days after the conclusion of the hearing,
the Council shall notify the appellant of its decision in writing.
Section 10. Enforcement.
A. Any individual or entity who undertakes land development in the City of South Burlington without
first paying a required impact fee imposed pursuant to this ordinance shall be subject to a civil penalty
of up to five hundred dollars per day for each day that such land development continues without
payment of said fee. The Administrative Officer shall be authorized to act as the issuing municipal
official to issue and pursue before the Traffic and Municipal Ordinance Bureau a municipal complaint.
The Administrative Officer is authorized to recover a waiver fee of not less than $50 and not more
than $150 for each violation and a civil penalty of not less than $100 and not more than $500 for
each violation.
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
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B. In addition to the enforcement procedures set forth above, the Administrative Officer is authorized
to commence a civil action to obtain injunctive and other appropriate relief
Section 11. Severability.
In the event any provision of this ordinance is for any reason invalid, such invalidity shall not affect
the remaining provisions which can be given effect without the invalid provision.
SOUTH BURLINGTON IMPACT FEE ORDINANCE
Amended December 5May 19, 202214
10
TABLES
ROAD IMPACT FEES: RESIDENTIAL
TABLE RD‐4:
NET RESIDENTIAL ROAD IMPACT FEES PER UNIT
Dwelling
Year
Single Family Dwellings Multi‐Family Dwellings
Base Fee
Credit for
past taxes
Credit for
future
taxes Net fee Base fee
Credit for
past taxes
Credit for
future
taxes Net fee
2007 $1,009.86 $0.00 $439.81 $570.05 $669.91 $0.00 $278.36 $391.54
2008 $1,009.86 $0.70 $414.68 $594.48 $669.91 $0.40 $262.46 $407.05
2009 $1,009.86 $2.09 $345.40 $662.38 $669.91 $1.19 $218.61 $450.11
2010 $1,009.86 $3.14 $299.17 $707.56 $669.91 $1.79 $189.35 $478.77
2011 $1,009.86 $4.79 $214.14 $790.93 $669.91 $2.74 $135.53 $531.64
2012 $1,009.86 $5.44 $197.39 $807.03 $669.91 $3.11 $124.93 $541.87
2013 $1,009.86 $6.10 $181.31 $822.45 $669.91 $3.49 $114.75 $551.67
2014 $1,009.86 $6.77 $165.87 $837.21 $669.91 $3.87 $104.98 $561.05
2015 $1,009.86 $7.46 $151.06 $851.35 $669.91 $4.26 $95.61 $570.04
2016 $1,009.86 $8.16 $136.83 $864.88 $669.91 $4.66 $86.60 $578.65
2017 $1,009.86 $8.87 $123.16 $877.83 $669.91 $5.07 $77.95 $586.89
2018 $1,009.86 $9.60 $110.02 $890.24 $669.91 $5.49 $69.63 $594.79
2019 $1,009.86 $10.35 $97.39 $902.12 $669.91 $5.92 $61.64 $602.36
2020 $1,009.86 $11.13 $85.23 $913.50 $669.91 $6.36 $53.94 $609.61
2021 $1,009.86 $11.92 $73.53 $924.41 $669.91 $6.81 $46.54 $616.56
2022 $1,009.86 $12.74 $62.25 $934.87 $669.91 $7.28 $39.40 $623.23
2023 $1,009.86 $13.59 $51.38 $944.89 $669.91 $7.76 $32.52 $629.62
2024 $1,009.86 $14.46 $40.89 $954.51 $669.91 $8.26 $25.88 $635.76
2025 $1,009.86 $15.37 $30.76 $963.73 $669.91 $8.78 $19.47 $641.66
2026 $1,009.86 $16.30 $20.97 $972.59 $669.91 $9.32 $13.27 $647.32
2027 $1,009.86 $17.28 $11.48 $981.10 $669.91 $9.87 $7.27 $652.77
2028 $1,009.86 $18.29 $2.29 $989.28 $669.91 $10.45 $1.45 $658.01
11
ROAD IMPACT FEES: NON‐RESIDENTIAL
Table RD‐5:
Credit for Past Tax Payments
Construction
Year
Annual
Expense
Tax Rate
Needed
Tax on
$1,000 value
Credit per
$1,000 of
assessed value
2007 $372,750 0.014913 $0.15 $0.00
2008 $733,375 0.02848632 $0.28 $0.16
2009 $532,875 0.02009548 $0.20 $0.46
2010 $864,163 0.03163963 $0.32 $0.70
2011 $244,500 0.00869115 $0.09 $1.06
2012 $237,938 0.00821155 $0.08 $1.21
2013 $231,375 0.00775248 $0.08 $1.36
2014 $224,813 0.00731321 $0.07 $1.51
2015 $218,250 0.00689293 $0.07 $1.66
2016 $211,688 0.00649096 $0.06 $1.81
2017 $205,125 0.00610652 $0.06 $1.97
2018 $198,563 0.005739 $0.06 $2.13
2019 $192,000 0.00538768 $0.05 $2.30
2020 $185,438 0.00505199 $0.05 $2.47
2021 $178,875 0.00473125 $0.05 $2.65
2022 $172,313 0.00442494 $0.04 $2.83
2023 $165,750 0.00413243 $0.04 $3.02
2024 $159,188 0.00385323 $0.04 $3.21
2025 $152,625 0.00358677 $0.04 $3.41
2026 $146,063 0.00333258 $0.03 $3.62
2027 $139,500 0.00309013 $0.03 $3.84
2028 $35,438 0.00076214 $0.01 $4.06
Table RD‐6
Credit for Future Tax Payments
Construction
Year
Annual
Expense
Tax Rate
Needed
Tax on
$1,000 value
Credit per
$1,000 of
assessed value
2007 $372,750 0.014913001 $0.15 $1.39
2008 $733,375 0.028486315 $0.28 $1.31
2009 $532,875 0.020095476 $0.20 $1.09
2010 $864,163 0.03163963 $0.32 $0.95
2011 $244,500 0.008691152 $0.09 $0.68
2012 $237,938 0.008211549 $0.08 $0.62
2013 $231,375 0.007752477 $0.08 $0.57
2014 $224,813 0.007313213 $0.07 $0.52
2015 $218,250 0.00689293 $0.07 $0.48
2016 $211,688 0.006490955 $0.06 $0.43
2017 $205,125 0.006106519 $0.06 $0.39
2018 $198,563 0.005739 $0.06 $0.35
2019 $192,000 0.005387682 $0.05 $0.31
2020 $185,438 0.005051987 $0.05 $0.27
2021 $178,875 0.00473125 $0.05 $0.23
2022 $172,313 0.004424937 $0.04 $0.20
2023 $165,750 0.004132428 $0.04 $0.16
2024 $159,188 0.00385323 $0.04 $0.13
2025 $152,625 0.003586766 $0.04 $0.10
2026 $146,063 0.003332578 $0.03 $0.07
2027 $139,500 0.003090133 $0.03 $0.04
2028 $35,438 0.00076214 $0.01 $0.01
Page 12
RECREATION FEES: RESIDENTIAL ONLY
TABLE REC‐4
NET IMPACT FEES PER UNIT
. 1 THRU 3 UN IT STRUCTURES 4 + UNIT STRUCTURES
DWELLING BASE TOTAL NET BASE TOTAL NET
YEAR FEE CREDITS FEE FEE CREDITS FEE
2007 $1,685.67 $281.33 $1,404.34 $1,179.97 $178.06 $1,001.91
2008 $1,685.67 $295.40 $1,390.27 $1,179.97 $186.96 $993.01
2009 $1,685.67 $296.06 $1,389.61 $1,179.97 $187.35 $992.62
2010 $1,685.67 $254.96 $1,430.71 $1,179.97 $161.21 $1,018.76
2011 $1,685.67 $243.77 $1,441.90 $1,179.97 $154.07 $1,025.90
2012 $1,685.67 $183.17 $1,502.50 $1,179.97 $115.54 $1,064.43
2013 $1,685.67 $109.60 $1,576.07 $1,179.97 $68.77 $1,111.20
2014 $1,685.67 $72.38 $1,613.29 $1,179.97 $45.08 $1,134.89
2015 $1,685.67 $58.95 $1,626.72 $1,179.97 $36.51 $1,143.46
2016 $1,685.67 $45.86 $1,639.81 $1,179.97 $28.15 $1,151.82
2017 $1,685.67 $33.07 $1,652.60 $1,179.97 $19.98 $1,159.99
2018 $1,685.67 $20.59 $1,665.08 $1,179.97 $12.00 $1,167.97
Page 13
FIRE PROTECTION IMPACT FEES: RESIDENTIAL
TABLE FP‐7:
NET RESIDENTIAL FIRE PROTECTION IMPACT FEES, PER UNIT
Single Family Dwellings Multi‐Family Dwellings
Dwelling
Year Base fee
Credit for
past taxes
Credit for
Future
Taxes Net Fee Base Fee
Credit for
past taxes
Credit for
future taxes Net Fee
2007 $304.85 $0.00 $168.74 $136.11 $192.16 $0.00 $106.80 $85.36
2008 $304.85 $0.04 $174.27 $130.53 $192.16 $0.02 $110.30 $81.84
2009 $304.85 $0.78 $133.91 $170.16 $192.16 $0.45 $84.75 $106.96
2010 $304.85 $1.52 $93.42 $209.91 $192.16 $0.87 $59.13 $132.16
2011 $304.85 $2.37 $46.90 $255.58 $192.16 $1.35 $29.69 $161.12
2012 $304.85 $2.99 $15.14 $286.72 $192.16 $1.71 $9.58 $180.87
2013 $304.85 $3.34 $2.81 $298.71 $192.16 $1.91 $1.78 $188.48
2014 $304.85 $3.53 $1.68 $299.65 $192.16 $2.01 $1.06 $189.09
2015 $304.85 $3.72 $0.83 $300.30 $192.16 $2.12 $0.53 $189.51
2016 $304.85 $3.91 $0.28 $300.66 $192.16 $2.23 $0.18 $189.75
FIRE PROTECTION IMPACT FEES:
NON‐RESIDENTIAL
TABLE FP‐8
ESTIMATED POST‐DEVELOPMENT VALUES PER SQUARE FOOT OF FLOOR SPACE
Type of Use
Type and Quality of Construction:
Fireproofed Steel
Skeleton or
Reinforced
Concrete
Masonry or Concrete
Bearing Wall
Structure
Wood Frame
Structure
Pre‐Fabricated Steel
Structure
Industrial/Manufacturing $66 $49 $46 $45
Engineering & Research $88 $69 $65 $64
General Office $123 $96 $93 $88
Medical Office $133 $113 $110 $104
General Retail $84 $71 $69 $67
Auto Service Facility N/A $54 $51 $41
Elder Care Facility $102 $84 $81 $78
Motel N/A $74 $72 $72
Page 14
FIRE PROTECTION IMPACT FEES:
NON‐RESIDENTIAL (continued)
TABLE FP‐9: NON‐RESIDENTIAL
FIRE PROTECTION IMPACT FEE CREDIT FOR PAST TAX PAYMENTS
Assume grand list has a 2006 value of $24,994,969, has grown at 3.0 %, and will continue to grow at 3.0%
CONSTRUCTION
YEAR
ANNUAL
EXPENSE
TAX RATE
NEEDED
TAX ON
$1000 VALUE
CREDITS PER $1,000 OF
ASSESSED VALUE
2007 $23,000 0.000920 $0.01 $0.00
2008 $399,800 0.015529 $0.16 $0.01
2009 $396,000 0.014934 $0.15 $0.17
2010 $442,400 0.016198 $0.16 $0.34
2011 $303,700 0.010796 $0.11 $0.53
2012 $120,000 0.004141 $0.04 $0.67
2013 $12,000 0.000402 $0.00 $0.74
2014 $9,000 0.000293 $0.00 $0.78
2015 $6,000 0.000189 $0.00 $0.83
2016 $3,000 0.000092 $0.00 $0.87
TABLE FP‐10: NON‐RESIDENTIAL
FIRE PROTECTION IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS
Assume grand list has a 2006 value of $24,994,969, has grown at 3.0 %, and will continue to grow at 3.0%
CONSTRUCTION
YEAR PAYMENT
TAX RATE
NEEDED
TAX ON $1000
VALUE
CREDITS PER $1,000 OF
ASSESSED VALUE
2007 $23,000 0.000920 $0.01 $0.53
2008 $399,800 0.015529 $0.16 $0.55
2009 $396,000 0.014934 $0.15 $0.42
2010 $442,400 0.016198 $0.16 $0.30
2011 $303,700 0.010796 $0.11 $0.15
2012 $120,000 0.004141 $0.04 $0.05
2013 $12,000 0.000402 $0.00 $0.01
2014 $9,000 0.000293 $0.00 $0.01
2015 $6,000 0.000189 $0.00 $0.00
2016 $3,000 0.000092 $0.00 $0.00
Page 15
TABLE PD‐4
NET RESIDENTIAL IMPACT FEES, PER UNIT
1 THRU 3 UNIT STRUCTURES 4 + UNIT STRUCTURES
DWELLING Base Credit for Credit for Net Base Credit for Credit for Net
YEAR Fee Past taxes Future taxes Fee Fee Past taxes Future taxes Fee
2010 $503.88 $0.00 $158.93 $344.95 $352.72 $0.00 $99.90 $252.82
2011 $503.88 $0.20 $153.60 $350.08 $352.72 $0.10 $96.55 $256.07
2012 $503.88 $0.73 $126.81 $376.34 $352.72 $0.36 $79.71 $272.65
2013 $503.88 $1.26 $100.03 $402.59 $352.72 $0.63 $62.88 $289.21
2014 $503.88 $1.71 $79.39 $422.78 $352.72 $0.85 $49.90 $301.96
2015 $503.88 $2.02 $68.07 $433.79 $352.72 $1.01 $42.79 $308.92
2016 $503.88 $2.33 $57.49 $444.05 $352.72 $1.17 $36.14 $315.42
2017 $503.88 $2.64 $47.81 $453.43 $352.72 $1.32 $30.05 $321.35
2018 $503.88 $2.93 $39.20 $461.74 $352.72 $1.47 $24.64 $326.61
2019 $503.88 $3.22 $31.77 $468.89 $352.72 $1.61 $19.97 $331.14
2020 $503.88 $3.50 $25.58 $474.80 $352.72 $1.75 $16.08 $334.89
2021 $503.88 $3.93 $10.10 $489.86 $352.72 $1.96 $6.35 $344.41
2022 $503.88 $4.19 $6.09 $493.60 $352.72 $2.10 $3.83 $346.80
2023 $503.88 $4.44 $3.50 $495.94 $352.72 $2.22 $2.20 $348.30
2024 $503.88 $4.68 $2.39 $496.80 $352.72 $2.34 $1.50 $348.87
2025 $503.88 $4.92 $2.51 $496.45 $352.72 $2.46 $1.58 $348.68
2026 $503.88 $5.16 $2.64 $496.08 $352.72 $2.58 $1.66 $348.48
2027 $503.88 $5.42 $2.77 $495.69 $352.72 $2.71 $1.74 $348.27
2028 $503.88 $5.69 $2.91 $495.28 $352.72 $2.85 $1.83 $348.05
2029 $503.88 $5.98 $3.05 $494.85 $352.72 $2.99 $1.92 $347.81
2030 $503.88 $6.33 $0.00 $497.55 $352.72 $3.16 $0.00 $349.56
Page 16
TABLE PD‐5
NON‐RESIDENTIAL
IMPACT FEE CREDIT FOR PAST TAX PAYMENTS
ASSUME 2006 MUNICIPAL GRAND LIST EQUALS $24,994,969
Grand List will continue to grow at 2.0% per year
CONS‐ CREDITS
TRUCTION ANNUAL TAX RATE TAX ON PER $1,000 OF
YEAR EXPENSE NEEDED $1000 VALUE ASSESSED VALUE
2010 $102,666 0.003795 $0.04 $0.00
2011 $271,764 0.009848 $0.10 $0.04
2012 $266,400 0.009464 $0.09 $0.15
2013 $210,316 0.007325 $0.07 $0.25
2014 $127,972 0.004370 $0.04 $0.34
2015 $119,296 0.003994 $0.04 $0.40
2016 $109,288 0.003587 $0.04 $0.47
2017 $97,696 0.003144 $0.03 $0.53
2018 $85,096 0.002684 $0.03 $0.59
2019 $71,848 0.002222 $0.02 $0.64
2020 $157,916 0.004788 $0.05 $0.70
2021 $43,372 0.001289 $0.01 $0.79
2022 $28,360 0.000827 $0.01 $0.84
2023 $12,844 0.000367 $0.00 $0.89
2024 $0 0.000000 $0.00 $0.94
2025 $0 0.000000 $0.00 $0.98
2026 $0 0.000000 $0.00 $1.03
2027 $0 0.000000 $0.00 $1.08
2028 $0 0.000000 $0.00 $1.14
2029 $36,108 0.000916 $0.01 $1.20
2030 $0 0.000000 $0.00 $1.27
Page 17
TABLE PD‐6
NON‐RESIDENTIAL
IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS
ASSUME 2003 MUNICIPAL GRAND LIST EQUALS $24,994,969
Grand List will continue to grow at 2.0% per year
CONS‐ CREDITS
TRUCTION ANNUAL TAX RATE TAX ON PER $1,000 OF
YEAR EXPENSE NEEDED $1000 VALUE ASSESSED VALUE
2010 $102,666 0.003795 $0.04 $0.45
2011 $271,764 0.009848 $0.10 $0.44
2012 $266,400 0.009464 $0.09 $0.36
2013 $210,316 0.007325 $0.07 $0.29
2014 $127,972 0.004370 $0.04 $0.23
2015 $119,296 0.003994 $0.04 $0.19
2016 $109,288 0.003587 $0.04 $0.16
2017 $97,696 0.003144 $0.03 $0.14
2018 $85,096 0.002684 $0.03 $0.11
2019 $71,848 0.002222 $0.02 $0.09
2020 $157,916 0.004788 $0.05 $0.07
2021 $43,372 0.001289 $0.01 $0.03
2022 $28,360 0.000827 $0.01 $0.02
2023 $12,844 0.000367 $0.00 $0.01
2024 $0 0.000000 $0.00 $0.01
2025 $0 0.000000 $0.00 $0.01
2026 $0 0.000000 $0.00 $0.01
2027 $0 0.000000 $0.00 $0.01
2028 $0 0.000000 $0.00 $0.01
2029 $36,108 0.000916 $0.01 $0.01
2030 $0 0.000000 $0.00 $0.00
Adopted at South Burlington, Vermont this _______day of ______, 2022, and to be effective upon
adoption.
SOUTH BURLINGTON CITY COUNCIL
_____________________________ ____________________________
Helen Riehle, Chair Matt Cota
__________________________________ ______________________________
Meaghan Emery, Vice Chair Thomas Chittenden
__________________________________
Tim Barritt, Clerk
Received and recorded this ______ day of ________, 2022.
______________________________
Donna Kinville, City Clerk
Ordinance Regulating the Use of
Public and Private Sanitary Sewerage
and Stormwater Systems
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
2
Table of Contents
ARTICLE I ‐ GENERAL ..................................................................................................................................... 4
1.1 Definitions .................................................................................................................................... 4
1.2 Abbreviations ................................................................................................................................ 9
ARTICLE II ‐ SANITARY SEWER SYSTEM ....................................................................................................... 10
2.1 Use of Public Sanitary Sewer System Required .......................................................................... 10
2.2 Private Sewage Disposal ............................................................................................................. 10
2.3 Building Sewers and Connections............................................................................................... 11
2.4 Prohibited Discharges into the Public Sanitary Sewer System ................................................... 14
2.5 Protection from Damage ............................................................................................................ 19
ARTICLE III ‐ CAPACITY ALLOCATION .......................................................................................................... 19
3.1 Ownership of Capacity ................................................................................................................ 19
3.3 Reserve Capacity Allocation ....................................................................................................... 19
3.4 Preliminary Allocation Determination ........................................................................................ 20
3.5 Final Capacity Allocation ............................................................................................................. 20
3.6 Final Allocation Conditions ......................................................................................................... 21
ARTICLE IV ‐ SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON‐
PAYMENT .................................................................................................................................................... 22
4.1 Operation and Maintenance ...................................................................................................... 22
4.2 Sewer Use Rates, Applicability ................................................................................................... 22
4.3 Annual Charges, Basis ................................................................................................................. 23
4.4 Capital Costs ............................................................................................................................... 23
4.5 Collection .................................................................................................................................... 23
4.6 Sinking Fund/Set‐Asides for Major Expenditures ....................................................................... 23
ARTICLE V ‐ STORMWATER SYSTEM ........................................................................................................... 24
5.1 Purpose ....................................................................................................................................... 24
5.2 Applicability ................................................................................................................................ 24
5.3 Required Approvals .................................................................................................................... 24
5.4 Compliance with Existing Permits .............................................................................................. 25
5.5 Use of the Public Stormwater System: ....................................................................................... 25
5.6 Best Management Practices ....................................................................................................... 26
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
3
5.7 Protection from Damage ............................................................................................................ 26
ARTICLE VI ‐ STORMWATER SYSTEM USER FEES ........................................................................................ 26
6.1 Establishment of Stormwater User Fees .................................................................................... 26
6.2 User Fee Credits: ........................................................................................................................ 27
6.3 Establishment of ERUs: ............................................................................................................... 28
6.4 Billing and Collection .................................................................................................................. 29
6.5 Expenditures. .............................................................................................................................. 29
ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS ...................................... 29
7.1 Exclusively Residential Regulated Private Systems. ................................................................... 29
7.2 Regulated Private Systems That Are Not Exclusively Residential ............................................... 31
ARTICLE VIII – MUNICIPAL COST SHARING ................................................................................................. 34
8.1 Purpose ....................................................................................................................................... 34
8.2 Applicability ................................................................................................................................ 34
8.3 Municipal Share of Stormwater Project Costs............................................................................ 34
ARTICLE IX ‐ INSPECTION AND ENFORCEMENT .......................................................................................... 36
9.1 Power and Authority of Inspectors ............................................................................................ 36
9.2 Administrative Enforcement ...................................................................................................... 37
9.3 Judicial Enforcement .................................................................................................................. 38
9.4 Civil Penalty; Waiver Fee ............................................................................................................ 39
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
4
The Council of the City of South Burlington hereby ordains:
ARTICLE I ‐ GENERAL
1.1 Definitions
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to
them in this Section, except where the context clearly indicates a different meaning:
Affordable Housing shall mean either of the following:
(1) Housing that is owned by its inhabitants, whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington‐South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and
Urban Development, and the total annual cost of the housing, including principal, interest, taxes
and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or
(2) Housing that is rented by its inhabitants whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington‐South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and
Urban Development, and the total annual cost of the housing, including rent, utilities, and
condominium association fees, is not more than thirty percent (30%) of the household’s gross
annual income.
Authorized Person The City Manager, Director of Public Works, Deputy Director of Environmental
Services, Stormwater Superintendent, Wastewater Superintendent and such other persons as they
specifically appoint or authorize to perform duties for the Stormwater Division or Wastewater Division.
Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of Pollutants directly or indirectly to
the Stormwater System or waters of the State of Vermont or the United States. BMPs also include
treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD) The quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five (5) days at 20oC expressed in milligrams per
liter.
Building Drain That part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to
the Building Sewer. The Building Drain extends five feet beyond the outer face of the building wall.
Building Sewer That part of the sewage system which receives the sewage from the Building Drain and
conveys it to the nearest end of the House Connection unless a House Connection is not available,
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
5
whereby the Building Sewer shall be extended to the nearest available "Y" branch on the Main Sanitary
Sewer.
City Center Sewer Service Area That area of the City shown in Appendix A, City Center Sewer Service
Area, in this Ordinance.
City Center Uncommitted Reserve Capacity shall be established as 150,000 gallons per day upon the
adoption of this amendment, which amount shall be reduced from time to time upon the granting of
final allocations for development within the City Center Sewer Service Area.
City Manager The City Manager of the City of South Burlington, or his authorized deputy, agent, or
representative.
Combined Sewer A sewer receiving both stormwater runoff and sewage.
Committed Reserve Capacity The total amount of Development Wastewater Flow (gallons per day)
from all projects/buildings for which final allocations have been granted but are not yet discharging to
the SEWER.
Construction Activity shall mean activities including, but not limited to clearing and grubbing, grading,
excavating, and demolition.
Connection Fee A one‐time fee imposed on applicants to connect to the municipal sewer system.
Credit An ongoing reduction in the stormwater user fee for certain identified and approved qualifying
and ongoing private actions or activities that reduces the potential impact of increased Stormwater
Discharges that result from development of a property.
Department of Public Works Wastewater Division That City department responsible for construction,
operation and maintenance of the sewage works.
Developed Property Any property that is altered from a natural state by construction or installation of
more than five hundred (500) square feet of Impervious Surface.
Developer Any individual, corporation, association, or other organization engaged in land development
or building construction.
Development Wastewater Flow The flow resulting from full use of the development at its peak
capacity, which flow shall be calculated using flow quantities, adopted as rules by the Vermont
Department of Environmental Conservation, as promulgated at the time a connection permit
application is made.
Discharge Permit A permit issued by the Vermont Department of Environmental Conservation pursuant
to authority granted in 10 V.S.A., Chapter 47, or the U.S. Environmental Protection Agency pursuant to
33 U.S.C. § 1251, et. seq.
Exclusively Residential As used in Article VII of this Ordinance shall mean land development in the City
comprised of properties containing solely residential uses and permitted accessory uses, such as one‐
family, two‐family and multi‐family dwelling units. Land development with commercial, industrial or
other non‐residential uses is excluded.
ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE
SANITARY SEWERAGE AND STORMWATER SYSTEMS
City of South Burlington Ordinance
6
Garbage Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food,
and from the handling, storage, and sale of produce.
Hazardous Material Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property,
or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
House Connection That part of the sewage system that runs from the Main Sanitary Sewer to the
property line and includes all necessary fittings.
Impervious Surface Those manmade surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, storage areas,
and awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather
than infiltrates.
Illicit Discharge Any direct or indirect Non‐Stormwater Discharge to the Stormwater System.
Industrial Activity Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26
(b)(14).
Industrial Wastes The liquid wastes from an industrial manufacturing process, trade, or business.
Industrial Wastes do not include sanitary sewage.
Main Sanitary Sewer The sewers laid longitudinally along the center line or other part of the streets or
other rights‐of‐way and which all owners or abutting properties have equal rights and which is
controlled by public authority.
MS4 Permit The Vermont Agency of Natural Resources’ General Permit #3‐9014, as amended or re‐
issued, pursuant to which the City obtained coverage for Stormwater discharges from its municipal
separate storm sewer system.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit A permit
issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes
the discharge of pollutants to waters of the United States, whether the permit is applicable on an
individual, group, or general area‐wide basis.
Natural Outlet Any outlet into a Watercourse, pond, ditch, lake, or other body of surface or
groundwater.
Non Single Family Residence (NSFR) All types of Developed Property in the City except Single Family
Residences.
Non‐Stormwater Discharge Any discharge to the Stormwater System that is not composed entirely of
Stormwater or such other waters or materials as are specifically authorized herein. It shall also include
placing or depositing any Hazardous Material or Pollutant in the Stormwater System.
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On‐Site Sewage Treatment and Disposal System A septic tank and leaching field system utilizing natural
soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater
and surface water from contamination.
Permitted Wastewater Flow The maximum Plant Wastewater Flow authorized in the Discharge Permit
on an annual average (365 day average) basis, or on the high seasonal use period as defined in the
Discharge Permit.
Person Any individual, firm, company, association, society, corporation, institution, partnership,
governmental entity, group or other entity.
Plant Wastewater Flow The wastewater passing through the treatment plant in gallons per day on an
annual average basis (365 day average) except where flows vary significantly from seasonal
development. In the latter case, Plant Wastewater Flow is determined as the average throughout the
high seasonal use period, as determined by the BOARD.
Plants Municipal sewage treatment plants owned by the City of South Burlington.
Private Sewage System or Facilities All facilities for collecting, pumping, treating, and disposing of
sewage that is not under the control of nor operated by the City of South Burlington.
Public Sewage System or Facilities All facilities for collecting, pumping, treating and disposing of sewage
and is controlled and operated by the City of South Burlington.
Public Stormwater System All elements of the Stormwater System located in the City of South
Burlington that are controlled and operated by the City of South Burlington or that carry water that
drains from any public property, including street rights‐of‐way.
Pollutant Any introduced substance which causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non‐hazardous
liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal
coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that
result from constructing a building or structure; and noxious or offensive matter of any kind.
Regulated Private System Those Stormwater Systems located on privately owned property in the City
that are subject to or required to obtain a permit for Stormwater Discharges under federal or state law,
which permits routinely require installation and maintenance of stormwater management or treatment
improvements.
Reserve Capacity The Permitted Wastewater Flow minus the actual Plant Wastewater Flow during the
preceding 12 months.
Sanitary Sewer A sewer which carries sewage and to which storm, surface, and groundwaters are not
intentionally admitted.
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Sewage or Wastewater A combination of the water‐carried wastes from residences, business buildings,
institutions, and industrial establishments, together with such ground, surface, and stormwaters as may
be present.
Sewage and Stormwater Commissioners (or “Commissioners", or “Board”) Members of the City Council
acting as a Board of Sewage and Stormwater Commissioners under 24 V.S.A., Section 3614.
Sewage Treatment Plant Any arrangement of devices and structures used for treating sewage.
Sewer A pipe, culvert, ditch, swale or other conduit for carrying sewage or Stormwater.
Sewer Service Area That area of the City that is within 200 feet horizontally from existing municipal
collection lines and manholes, excluding the City Center Sewer Service Area, as shown on the Sewer
Service Area Map, dated January 3, 2001, located in Map 5, Public Utilities #2, of the South Burlington
Comprehensive Plan. The Sewer Service Area may be altered by adoption of an amendment to this
Ordinance. If there is any conflict between the Sewer Service Area shown on the above‐referenced map
and the City Center Sewer Service Area, as defined herein, the area included within the City Center
Sewer Service Area shall control.
Sewers ‐ The sewage collection and transmission system owned by the City of South Burlington.
Shall is mandatory; "may" is permissive.
Single Family Residence (SFR) Detached single family homes, duplexes, and triplexes.
Slug Any discharge of water, sewage, or Industrial Waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes
more than five (5) times the average twenty‐four (24) hour concentration or flows during normal
operation.
Storm Drain A sewer intended to carry only stormwater and surface waters.
Stormwater Excess water from rainfall and snow melt that does not evaporate or penetrate into the
ground, which flows overland and is collected and transported to waters of the State of Vermont or the
United States by the Stormwater System, together with any material that becomes dissolved or
suspended in such water during its overland flow before entering the Stormwater System.
Stormwater Appeal Board The City Manager, Public Works Director, and a third person appointed by
the City Council.
Stormwater Discharge Any Stormwater that is transported, naturally or otherwise, from a Developed
Property to the Public Stormwater System or to a Watercourse.
Stormwater Services Division That City division within the Department of Public Works responsible for
construction, operation and maintenance of the Public Stormwater System.
Stormwater System Natural and man‐made drainage structures, conveyances, Storm Drains, catch
basins, and any other appurtenant device or structure where Stormwater is collected, transported,
pumped, treated, or disposed of.
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Stormwater Superintendent That employee of the City of South Burlington who shall be designated
from time to time by the City Manager to oversee the Stormwater Services Division.
Stormwater Upgrade Feasibility Analysis or SUFA Those standards and procedures, as adopted and
amended by City Council, defining the processes of engineering feasibility analysis for upgrade, repair
and maintenance of Stormwater Systems in the City, which shall be incorporated by reference herein.
Subdivision A tract of land, owned or controlled by a Person as defined herein, which has been
partitioned or is intended to be divided for the purpose of sale or lease into two (2) or more lots. The
dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court ordered partition or filing of
a plot plan on the city records where the act of division creates one or more parcels of land of less than
10 acres in area, but excluding leases subject to the provisions of Chapter 153 of Title 10 relating to
mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the
filing of a plot plan on the city records, whichever shall first occur; or the commencement of building
development with intent to subdivide, such that the building development will be located upon a parcel
of land less than 10 acres in size.
Suspended Solids Solids that either float on the surface of, or are in suspension in water, sewage, or
other liquids, and which are removable by laboratory filtering or use of BMPs.
Uncommitted Reserve Capacity That portion of the Reserve Capacity remaining after subtracting the
Development Wastewater Flow of all projects for which a final allocation has been granted but are not
yet discharging to the SEWER and any capacity reserved by the City Council for allocation to
development in the City Center Sewer Service Area.
VSMM The Vermont Stormwater Management Manual, as amended from time to time by the Agency
of Natural Resources, which shall be incorporated by reference herein.
Wastewater Superintendent That employee of the City of South Burlington who shall be designated
from time to time by the City Manager to oversee the Department of Public Works Wastewater Division.
Watercourse A channel in which a flow of water occurs, either continuously or intermittently.
1.2 Abbreviations
ASTM American Society for Testing and Materials.
WPCF Water Pollution Control Federation.
pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of
solution.
Ppm Parts per million.
mg/l Milligrams per liter.
Degrees F Degrees Fahrenheit.
Degrees C Degrees Centigrade.
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cm. Centimeter.
m. Meter.
l. Liter.
ARTICLE II ‐ SANITARY SEWER SYSTEM
2.1 Use of Public Sanitary Sewer System Required
(A) It shall be unlawful for any Person to place, deposit, or permit to be deposited on public or private
property within the City of South Burlington, or in any area under the jurisdiction of said City, any human or
animal excrement, garbage, or other objectionable waste.
(B) It shall be unlawful to discharge to any Natural Outlet within the City of South Burlington, or in any
area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with provisions of this Ordinance.
(C) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault,
septic tank, cesspool, leach field or other facility intended or used for the disposal of sewage.
(D) The owners of all houses, buildings, or properties used for human occupancy, employment,
recreation, or other purposes, situated within the City and abutting on any street, alley, or right‐of‐way in
which there is located a public sanitary or Combined Sewer of the City, is hereby required at his expense to
install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Ordinance, within one hundred and eighty (180) days after date of
official notice to do so, unless specifically exempted from this provision by the City Council.
2.2 Private Sewage Disposal
(A) Where a public sanitary or combined sewer is not available under the provisions of Section 2.1,
paragraph (D), the Building Sewer shall be connected to a Private Sewage System complying with the
provisions of this Section 2.2
(B) Before commencement of construction of a Private Sewage System the owner shall first obtain a
written permit signed by the City Manager. The application for such permit shall be made on a form
furnished by the City, which the applicant shall supplement by any plans, specifications, and other
information as are deemed necessary by the City Manager. A permit and inspection fee of $25.00 shall be
paid to the City at the time the application is filed.
(C) A permit for a Private Sewage System shall not become effective until the installation is completed
to the satisfaction of the City Manager. He shall be allowed to inspect the work at any stage of construction
and, in any event, the applicant for the permit shall notify the City Manager when the work is ready for final
inspection and before any underground portions are covered. The inspection shall be made within 24 hours
of the receipt of notice by the City Manager, excluding Saturday, Sunday, and holidays.
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(D) The type, capacities, location, and layout of a Private Sewage System shall comply with all
recommendations of the Vermont Health Regulations, Chapter 5, Sanitary Engineering, Sub Chapter 10
Wastewater Treatment and Disposal, Individual on‐site systems. No septic tank or cesspool shall be
permitted to discharge to any Natural Outlet. Amended 5/5/92.
(E) At such time as a public sewer becomes available to a property served by a Private Sewage System,
as provided in Section 2.1, paragraph (D), a direct connection shall be made to the public sewer in
compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage thoroughly and
properly cleaned, disinfected, and filled in or removed according to good sanitation practice and under the
inspection and direction of the City Manager or his representative.
(F) The owner shall operate and maintain the Private Sewage Facilities in a sanitary manner at all times,
at no expense to the City.
(G) No statement contained in this Section 2.1 shall be construed to interfere with any additional
requirements that may be imposed by the City of South Burlington Health Officer.
2.3 Building Sewers and Connections
(A) No unauthorized Person shall uncover, make any connections with or opening into, use, alter, or
disturb any public sewer or appurtenance thereof without first obtaining a written permit from the
Wastewater Superintendent. Any Person proposing a new discharge into the system or a substantial change
in the volume or character of Pollutants that are being discharged into the system, shall notify the
Wastewater Superintendent at least 45 days prior to the proposed change or connection. No such change
or connection shall be made without written approval from the Wastewater Superintendent, issued in
accordance with Article III of this Ordinance.
(B) There shall be three (3) classes of Building Sewer permits: (i) for residential, (ii) for commercial
service, and (iii) for service to establishments producing Industrial Wastes. In each case, the owner or the
owner’s agent shall make application on a form furnished by the City. The permit application shall be
supplemented by any plans, specifications, or other information considered pertinent in the judgment of
the Wastewater Superintendent. The City Council may establish fees for review and issuance of permits
and approvals, inspections and connections.
(C) All costs and expense incident to the installation, connection, maintenance and repair of the
Building Sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage
that may directly or indirectly be occasioned by the installation, connection, maintenance, and repair of the
Building Sewer.
(D) A separate and independent Building Sewer shall be provided for every building; except where one
building stands at the rear of another or on an interior lot and no private sewer is available or can be
constructed to the rear building through an adjoining alley, court, yard, or driveway, in which case the
Building Sewer from the front building may be extended to the rear building and the whole considered as
one Building Sewer. Use of private sewers which accept and convey flow from more than one building may
not be used except when found, on examination and test by the City, to be in satisfactory condition and
meeting all requirements of this Ordinance. The burden of proof and all expenses incurred by the City to
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determine the condition and adequacy of the private sewer shall be borne by the Owner of said private
sewer.
(E) The City may require the Owner of a project or Developer to install a water meter so recorded flow
can be used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may
be required by the City for projects/buildings and developments connecting to the sewer system.
(F) Old Building Sewers may be used in connection with new buildings only when they are found, on
examination and test by the Wastewater Superintendent, to meet all requirements of this Ordinance.
(G) The size, slope, location, alignment, materials of construction, of a Building Sewer, and the methods
to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or other applicable rules and regulations of the City
and shall also conform to the rules and requirements of the Wastewater Division and the State of Vermont.
In the absence of code provisions or in amplification thereof, the materials and procedures set forth in
appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9 shall
apply.
(H) Whenever possible, the Building Sewer shall be brought to the building at an elevation below the
basement floor. No Building Sewer shall be laid parallel to or within three (3) feet (91.4 cm) of any bearing
wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The
Building Sewer shall be laid at uniform grade in the direction from the main sewer to the building and in a
straight alignment insofar as possible. Change in direction shall be made only with properly curved pipe
and fittings with suitable clean‐outs or flush holes as described in paragraph (R) of this Section. In all
buildings in which any Building Drain is too low to permit gravity flow to the public sewer, sanitary sewage
to be carried by such sewer shall be lifted by an approved artificial means and discharged to the Building
Sewer. Such lifting devices shall be located outside the building foundation and have no access or
ventilation through the building.
(I) No Person shall make connection of roof downspouts, exterior and interior foundation drains,
areaway drains, basement sumps or other sources of surface runoff or groundwater to a Building Sewer or
Building Drain which in turn is connected directly or indirectly to a public Sanitary Sewer. All such
connections which exist shall be disconnected by the owner, at his expense within thirty (30) days upon
receipt of notification by the City.
(J) The connection of the Building Sewer into the public sewer shall conform to the requirements of
the building and plumbing code or other applicable rules and regulations of the City and the State of
Vermont, and shall also conform to the rules and requirements of the Wastewater Division, or the
procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual
of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the
prescribed procedures and materials must be approved by the Wastewater Superintendent before
installation.
(K) Prior to any connection to the House Connection "Y" or to the main sewer, the City shall be given
two working days notice in order that they may supervise such work. If the City has not been properly
notified, they may require the completed work to be uncovered for examination, at the owner's expense.
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(L) The diameter of the Building Sewer shall not be less than four (4) inches (10.2 cm). The Building
Sewer shall be laid on a uniform grade, wherever practicable, in a straight alignment, of at least one‐fourth
(1/4) of an inch per foot (2%). Where, in special cases, a minimum grade of one‐fourth (1/4) inch per foot
cannot be maintained, a grade of one‐eighth (1/8) inch per foot (1%) may be permitted, but only after the
City gives their written approval for the specific connection.
(M) When installing the Building Sewer, the trenches shall be dug in a careful manner and properly
sheathed where required. The excavated materials shall be placed in a separate pile from road materials
and shall be piled in a compact heap so placed as to cause the least possible inconvenience to the public.
Proper barricades and lights must be maintained around the trench to guard against accidents.
(N) In backfilling, the material under, around and for two (2) feet (61 cm) immediately over the pipe
shall be selected so it contains no stones capable of damaging the installation. This must be carefully
tamped, the balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight (8)
inch (20.3 cm) layers so as to avoid excessive settlement. When the trench has been filled to the proper
height, the road material is to be replaced and heavily tamped or rolled.
(O) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six (6)
inches (15.2 cm) below the bottom of the sewer and the trench brought to the proper elevation with gravel
or other material satisfactory to the City. The remainder of the trench must be backfilled with suitable
material as described in paragraph (N) of this Section.
(P) Where subsurface‐soil conditions warrant, special precautions must be taken as may be directed by
the City. In quicksand, all pipes must be laid out on pressure treated planking two (2) inches (5.1 cm) thick
by at least six (6) inches (15.2 cm) wide.
(Q) The connection of the Building Sewer to the main sewer shall be made at the house connection at
the property line or, if no House Connection exists, connection shall be made at the nearest available "Y"
connection on the main sewer. The City will designate the position of the end of the House Connection at
the property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes
necessary to cut into the main sewer, when no other source of connection is available, then such connection
shall be made as directed by and under the supervision of the City. The dead‐ends of all pipes not
immediately connected with the house plumbing system must be securely closed by a water‐tight cover of
imperishable material and properly marked and located.
(R) The use of clean‐outs on the Building Sewer shall be made by installing a "Y" and one‐eighth (1/8)
bends. The clean‐outs shall ordinarily be installed at the point of connection between the Building Sewer
and the outside part of the house plumbing system, at all curves on the Building Sewer and on the straight
part of the house sewer to the main sewer. The clean‐out shall be brought up from the Building Sewer to
four (4) inches (10.2 cm) below ground level and properly capped. Locations of all clean‐outs shall be
recorded and turned over to the City. Where the distance from the building to the point of connection at
the main sewer is less than fifty (50) feet (15.2 m), at least one (1) clean‐out twenty (20) feet (6.1 m) from
the house shall be provided. Clean‐outs shall be of the same diameter as the Building Sewer.
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(S) Before any portion of an existing Building Sewer or the house plumbing system outside of the
building is connected to the main sewer, the owner shall prove, to the satisfaction of the City, that it is clean
and conforms in every respect to this Ordinance and all joints are gas tight and water tight.
(T) Where pipe is installed for Building Sewers, such work shall be performed by a licensed plumber.
(U) The City shall apply appropriate tests to the pipes. The plumber and contractor, at their own
expense, shall furnish all necessary tools, labor, materials and assistance for such tests and shall remove or
repair any defective materials when so ordered by the City.
(V) Any Person performing work on public property for the purpose of installing a Building Sewer shall
file with the City evidence of adequate insurance coverage for liability and property damage. Minimum
amounts of coverage will be established by the City and posted in the City Clerk's Office.
(W) All work shall be adequately guarded with barricades and lights so as to protect the public from
hazard. Streets, sidewalks, curbs, and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the City and other authorities having jurisdiction.
(X) The Contractor shall not block any driveway, street or road at any time without permission of the
City and other controlling agencies. Every effort shall be made to permit the movement of vehicular traffic
at all times. Whenever it becomes necessary to cross or interfere with roads, walks or drives, whether
public or private, the Contractor shall maintain, at his own expense and subject to the approval of the City,
safe bridges or other means of egress.
(Y) Maintenance of all Private Sewage Disposal Facilities including, but not limited to, (1) house
plumbing systems, (2) Building Sewers to the main sewer, (3) House Connections, (4) sewers and (5)
appurtenances shall be the responsibility of the owner, at his or her expense. The owner shall be solely
responsible for continually maintaining such facilities in satisfactory operating condition. Maintenance shall
include, but not be limited to, (1) maintaining flow, (2) clearing obstructions, (3) maintaining all joints gas
and water‐tight, (4) repair or replace collapsed, deteriorated or defective materials, and (5) all other work
which is necessary and essential to maintaining proper operation and preserving the structural integrity and
water‐tightness of the system.
(Z) The owner is obligated by sewer and any other permits to construct the
project/building/development to meet all specifications for which the permits/approvals were issued. The
building inspector or some Authorized Person will inspect existing buildings and construction sites from time
to time during each construction phase to assure permit specifications are being met. A final inspection
shall be made prior to the connection from the building to the main sewer line by the City.
2.4 Prohibited Discharges into the Public Sanitary Sewer System
(A) No Person shall discharge or cause to be discharged any Stormwater, surface water, groundwater,
roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to
any Sanitary Sewer.
(B) No Person shall discharge or cause to be discharged any of the following described waters or wastes
to any public Sanitary Sewers:
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(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity,
either singly or by interaction with other wastes, to injure or interfere with any sewage treatment
process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant.
(3) Any waters or wastes having a pH lower than 5.5, or higher than 9.5 or having any other
corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the
Public Sewage Facilities.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the
flow in sewers, or other interference with the proper operation of the Public Sewage Facilities such as,
but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics,
wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes,
cups, milk containers, etc. either whole or ground by garbage grinders.
(C) No Person shall discharge or cause to be discharged the following described substances, materials,
waters, or wastes if it appears likely in the opinion of the Wastewater Superintendent that such wastes can
harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving
stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his
opinion as to the acceptability of these wastes, the Wastewater Superintendent will give consideration to
such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials
of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment
plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The
substances prohibited are:
(1) Any liquid or vapor having a temperature higher than one hundred fifty (150)oF (65oC).
(2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of
one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures
between thirty‐two (32) and one hundred fifty (150)oF and (0 and 65oC).
(3) Any garbage that has not been properly shredded. As used herein “properly shredded” means
that the wastes from the preparation, cooking, and dispensing of food that have been shredded to such
a degree that all particles will be carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than one‐half (½) inch (1.27 centimeters) in any dimension. The
installation and operation of any garbage grinder equipped with a motor of three‐fourths (3/4)
horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Wastewater
Superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating
solutions whether neutralized or not.
(5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, and similar
objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an unusual
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chemical oxygen demand or containing any other material or constituent in concentrations which
exceed the limits established by the Wastewater Superintendent for such materials.
(6) Any waters or wastes containing phenols or other taste‐or‐odor‐producing substances, in such
concentrations exceeding limits which may be established by the Wastewater Superintendent as
necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal,
and other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half‐life, or concentration as may exceed limits
established by the Wastewater Superintendent in compliance with applicable State or Federal
regulations.
(8) Any chemicals or chemical compounds of the following nature or characteristics or having
similarly objectionable characteristics: alcohols, arsenic and arsenicals, phenols or cresols,
formaldehydes, iodine, manganese, cyanide, heavy metals and other metal finishing or plant wastes,
acid pickling waste, mercury and mercurials, silver and silver compounds, sulfonamides, toxic dyes
(organic or mineral), zinc, all strong oxidizing agents such as chromates, dichromates, permanganates,
peroxide and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or
explosive gases, either upon acidification, alkalization, oxidation or reduction, strong reducing agents
such as nitrites, sulphides, sulphites, and the like, radioactive materials or isotopes, whether neutralized
or not.
(9) Materials which exert or cause:
(a) Unusual concentrations of inert Suspended Solids (such as, but not limited to, Fullers earth,
lime slurries, and lime residues) or of the dissolved solids (such as, but not limited to, sodium
chloride and sodium sulfate).
(b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions).
(c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works which may cause the effluent
limitations of the Discharge Permit to be exceeded.
(d) Unusual volume of flow or concentration of wastes constituting a Slug as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by
the sewage treatment processes employed, or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of its Discharge Permits or of other
agencies having jurisdiction over discharge to the receiving waters.
(11) Any waters or wastes containing Suspended Solids of such character and quantity that unusual
attention or expense is required to handle such materials at the wastewater treatment plant.
(12) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(13) Any waters or wastes if it appears likely, in the opinion of the Wastewater Superintendent, that
such waste can harm either the sewers, treatment plant process or equipment, would have an adverse
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effect on waters of the State of Vermont or the United States, or could otherwise endanger human or
animal life, limb, public property or constitute a nuisance.
(D) The admission into the public Sanitary Sewers of any waters or wastes having (a) a five (5) day BOD
greater than 400 mg/l or (b) containing more than 400 mg/l of Suspended Solids or (c) containing any
quantity of substances having the characteristics described in paragraph (C) and (D) above, having an
average daily flow greater than two percent (2%) of the average daily sewage flow received at the sewage
treatment plant shall be subject to the review and approval of the Wastewater Superintendent. The
Wastewater Superintendent may:
(1) Reject the wastes, or,
(2) Require control over the quantities and rates of discharge, or
(3) Require payment to the City to cover the added cost of handling, treating and disposing of the
wastes not covered by sewer charges established under the provisions of Article IV of this Ordinance,
or
(4) Require pretreatment to an acceptable condition for discharge to the public sewers, or
(5) Require any combination of the foregoing.
If the City Manager permits the pretreatment or equalization of waste flows, the design, plans,
specifications and any other pertinent information relating to proposed equipment and facilities
shall be submitted for the approval of the City Manager and the Agency of Natural Resources and
no construction of such facilities shall be commenced until said approvals are obtained in writing.
Further, such pretreatment facilities must be consistent with the requirements of any state
pretreatment permit issued to the industry.
(E) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Wastewater
Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, and or other harmful ingredients. Such interceptors shall not be
required for private living quarters. All interceptors shall be of a type and capacity approved by the
Wastewater Superintendent, and shall be located as to be readily and easily accessible for cleaning and
inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at
their expense.
(F) The user shall maintain records (which are subject to review by the Wastewater Superintendent) of
the dates and means of disposal of accumulated interceptor wastes. Any removal and hauling of the
collected materials not performed by the user’s personnel must be performed by currently licensed waste
disposal firms
(G) To facilitate compliance with this Section, the user shall apply for a permit and furnish as part of the
permit application a plan and description of the device. Where grease, oil or sand interceptors or similar
appurtenances are involved, approval must be granted from both the Wastewater Superintendent and the
Public Works Director.
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(H) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding
abrupt and extreme changes in temperature. They shall be of substantial construction and equipped with
easily removable covers which, when bolted in place, shall be gas‐tight and water‐tight.
(I) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at
his/her expense, in continuously efficient operation at all time. Materials collected shall not be introduced
into the Public Sewage System.
(J) Where preliminary treatment or flow‐equalizing facilities are provided for any waters or wastes,
they shall be maintained continuously in satisfactory and effective operation by the owner at his/her
expense.
(K) All industries discharging into a public sewer shall perform such monitoring of their discharges as
the Wastewater Superintendent may reasonably require, including installation, use, and maintenance of
monitoring equipment, keeping records and reporting the results of such monitoring to the Wastewater
Superintendent. Where industrial pretreatment permits are issued by the State of Vermont, monitoring
records must also be submitted to the appropriate agency in accord with such permit. Such records shall
be made available upon request by the Wastewater Superintendent to the State agency or to other agencies
having jurisdiction over discharges to the receiving waters. Records of any monitoring will be supplied by
the Wastewater Superintendent to the Vermont Secretary of the Agency of Natural Resources on request.
(L) All measurements, tests, and analyses of the characteristics of waters and wastes to which
reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard
Methods for the Examination of Water and Wastewater," published by the American Public Health
Association, and shall be determined at the control manhole provided, or upon suitable samples taken at
said control manhole. In the event that no special manhole has been required, the control manhole shall
be considered to be the nearest downstream manhole in the public sewer to the point at which the Building
Sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of
constituents upon the sewage works and to determine the existence of hazards to life, limb, and property.
The particular analyses involved will determine whether a twenty‐four (24) hour flow composite of all
outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but
not always, BOD and Suspended Solids analyses are obtained from 24‐hr proportioned composites of all
outfalls whereas pH's are determined from periodic grab samples.
(M) Any industry held in violation of the provisions of this Ordinance may have its disposal authorization
terminated.
(N) When required by the Wastewater Superintendent, the Owner of any property served by a Building
Sewer carrying Industrial Wastes shall install a suitably controlled manhole in the Building Sewer to facilitate
observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible
and safely located and shall be constructed in accordance with plans approved by the Wastewater
Superintendent. The manhole shall be installed by the Owner, at his/her expense, and shall be maintained
by the owner so as to be safe and accessible at all times.
(O) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater
facility for treatment and disposal. The waste must meet all article II requirements.
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(1) The discharge of scavenger wastes at designated septage receiving areas at the City’s
wastewater treatment facilities may be permitted. The discharge of scavenger wastes from sources
outside of the City may be permitted with approval of the Wastewater Superintendent of Wastewater
Division.
(2) There will be a fee charged each time a load of scavenger waste is discharged at the City’s
wastewater treatment facilities. Such fee will be determined by the City Council and will be based upon
the quantity and quality of the discharged waste.
(P) No statement in this Ordinance shall be construed as preventing any special agreement or
arrangement between the City and any industrial concern whereby an Industrial Waste of unusual strength
or character may be accepted by the City for treatment, subject to payment therefore, by the industrial
concern, provided that such agreements do not contravene any requirements of existing Federal laws and
are compatible with any user charge and industrial cost recovery system in effect.
2.5 Protection from Damage
No Person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. Any Person
violating this provision shall be subject to immediate arrest under the charge of unlawful mischief as set
forth in Title 13, Section 3701 of the Vermont Statutes Annotated.
ARTICLE III ‐ CAPACITY ALLOCATION
3.1 Ownership of Capacity
(A) The City of South Burlington owns and operates sewage treatment and disposal plants (PLANTS)
and a sewage collection and transmission system (SEWERS) as defined in 24 V.S.A., Section 3501(6) and
3601. The PLANTS have a permitted capacity, and are operated in accord with discharge permits issued by
the Vermont Department of Environmental Conservation under authority granted in 10 V.S.A., Chapter 47.
The City is obligated by law to comply with conditions of those permits, and to operate and manage the
PLANTS and SEWERS as governmental functions under and pursuant to 24 V.S.A., Chapters 97 and 101.
(B) The permitted capacity of the PLANTS and SEWERS is the property of the City of South Burlington.
3.3 Reserve Capacity Allocation
(A) Determination of Amount of Allocation. All allocations to projects shall be based on the
Development Wastewater Flow. Any differential between actual flows and Development Wastewater Flows
that occurs is not available to the development owner for reallotment to another project or a project
expansion.
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(B) Application Process. Persons seeking an allocation of Uncommitted Reserve Capacity or City Center
Uncommitted Reserve Capacity of the PLANTS and SEWERS, shall apply to the Wastewater Superintendent
for a preliminary allocation on a form prescribed by the Wastewater Division. Such application shall:
(1) Be accompanied by a calculation of the Development Wastewater Flow to be generated by the
project/development;
(2) Include calculations for the volume, flow rate, strength and any other characteristics
determined appropriate by the Wastewater Superintendent;
(3) Unless waived by the Wastewater Superintendent all calculations required in (1) and (2) above
for developments generating over 1000 gpd shall be certified by a Vermont registered engineer.
3.4 Preliminary Allocation Determination
(A) Upon receipt of the application for capacity allocation and supportive documents, the Director of
Public Works shall make a preliminary determination regarding allocation of Uncommitted Reserve Capacity
or City Center Uncommitted Reserve Capacity. The Director of Public Works shall award a preliminary
allocation upon making affirmative findings that:
(1) The proposed wastewater is of domestic, sanitary origin or, the proposed wastewater is not of
domestic sanitary origin and that sufficient evidence has been presented by the applicant to
demonstrate that the flow and character of the wastewater is compatible with the proper operation of
the PLANTS and SEWERS and that the proposed wastewater will not alone or in combination with other
wastes cause a violation of the discharge permit, pass through the PLANTS without treatment, interfere
with or otherwise disrupt the proper quality and disposal of PLANT sludge or be injurious in any other
manner to the PLANT or SEWERS and that there is sufficient Uncommitted Reserve Capacity to
accommodate the strength and volume of the proposed development;
(2) There is sufficient Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity
as of the date of the application to accommodate the Development Wastewater Flow of the proposed
development.
(B) A preliminary determination by the Director of Public Works allocating capacity shall not constitute
a binding commitment of capacity to the applicant and may be revoked by the Director of Public Works
before a final allocation of capacity is granted if Uncommitted Reserve Capacity ceases to be available. A
preliminary determination may be used by an applicant as evidence that a proposed development has
sufficient sewer capacity available.
3.5 Final Capacity Allocation
(A) An applicant who holds a preliminary allocation of capacity granted pursuant to Section 3.4 above,
may apply for a final allocation upon occurrence of the following:
(1) Obtained site plan, conditional use and/or variance approval(s), if such approvals are the only
approvals, except a zoning permit, required for the proposed development under City zoning and
subdivision regulations then in effect; or
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(2) Obtained final approval for a Subdivision, PUD or PRD if such approvals are the only approvals,
except a zoning permit, required for the proposed development under City zoning and subdivision
regulations then in effect; or
(3) Obtained all approvals required under sub‐paragraphs (1) and (2) above, if such approvals are
required for the proposed development under City zoning and subdivision regulations then in effect; or
(4) Obtained a zoning permit if that is the only approval required under City zoning and subdivision
regulations then in effect; or
(5) Does not require any approvals under City zoning and subdivision regulations then in effect.
(B) Upon receipt of an application for final allocation, the Director of Public Works shall grant a final
allocation upon determination that the applicant has a preliminary allocation which has not been revoked
and that sufficient Uncommitted Reserve Capacity is available for the development.
(C) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant
subject to applicant’s compliance with all conditions imposed on such allocation.
3.6 Final Allocation Conditions
(A) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other
characteristics of the proposed discharge determined appropriate by the Director of Public Works.
(B) The capacity allocation is not transferable to any other Person or development, except a successor
in interest of the development for which the allocation has been granted.
(C) The construction of the connection and, if necessary, the municipal SEWER extension, must be
overseen to assure compliance with the plans and specifications and good construction practice in a manner
acceptable to the City.
(D) A final capacity allocation shall expire on the first to occur of the following events unless prior to
such date the development for which the allocation has been granted has commenced discharging into the
SEWER:
(1) the date that any approval required for grant of the final allocation, as identified in Section 3.5
above, expires, unless prior to such date the applicant has applied for any required zoning permit(s) to
construct the development;
(2) the date that any zoning permit authorizing construction of improvements for which the
allocation has been granted expires;
(3) ten (10) years from the date the final allocation is granted, for any development that requires
any approval under the City zoning or subdivision regulations, or two (2) years from the date the final
allocation is granted, for any development that does not require approval under the City zoning or
subdivision regulations.
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(E) An Applicant for development involving a single use or unit shall pay one hundred (100%) percent
of all Connection Fees prior to grant of a final allocation. If the development involves multiple uses and/or
units that will connect to the SEWER, the applicant shall pay fifty (50%) of all Connection Fees prior to grant
of final allocation and the remaining fifty percent (50%) will be prorated based on the development flow for
each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit
for construction of improvements for the use or unit. If the development is an Affordable Housing project,
one hundred percent (100%) of all Connection Fees will be prorated based on the number of uses and/or
units. Except as provided for under subsection (i), Tthe prorated portion for a use or unit shall be payable
upon issuance of a zoning permit for construction of improvements for the use or unit. If the development
does not require issuance of a zoning permit, applicant shall pay one hundred percent (100%) of all
Connection Fees prior to grant of a final allocation.
(1) Payment of connection fees may be paid after the issuance of any permits under the Zoning
Regulations of the City of South Burlington for construction and development but prior to the issuance
of a Certificate of Occupancy provided the following two criteria are met:
(a) The project is for the development of housing that is no less than 50% of the dwelling units
perpetually affordable, with “affordable” being defined by the City’s Land Development
Regulations; and
(a)(b) The City has made some prior financial contribution to the development in the form of a
grant from the City’s general or housing trust fund or by means of a Vermont Community
Development Fund/Community Development Block Grant or other such State or Federal grants or
loans in which the City is a transactional party.
ARTICLE IV ‐ SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND
PENALTIES FOR NON‐PAYMENT
4.1 Operation and Maintenance
An annual charge, which shall be determined by the City Council, is hereby imposed upon every Person
having a building or structure on their premises and who are served by the municipal Public Sewage System
where sewage may be collected for the use of the premises by the owners, or other users of real property
within the City of South Burlington. The annual charge shall be for the purpose of the payment associated
with the costs or operating, maintaining and repairing said system. The City Council may establish annual
charges separately for bond payments, for fixed operating and maintenance costs not dependent on actual
or estimated use and for variable operations and maintenance costs dependent on actual or estimated use.
The charges and/or connector fees shall be set by resolution of the City Council.
4.2 Sewer Use Rates, Applicability
The sewer use rates established in Section 4.1 and defined hereinafter shall be charged whether or not the
property is occupied, when the property is connected to the Public Sewage System by the necessary Building
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Sewer as required under the terms of this ORDINANCE. The rate structure shall incorporate the
requirements of 40 CFR, §35.935‐13 or §35.2140, as applicable.
4.3 Annual Charges, Basis
The annual charges stipulated in Section 4.1 shall be based upon a water meter measurement. The City
Council will determine the actual charge from measurements of each user so as to yield charges which are
approximately in proportion to the strength and quantity of waste discharged. If the City Council establishes
annual charges separately for bond repayment and fixed operations and maintenance costs, no user will be
billed less than the average single family charge for the fixed charges, plus flow related charges.
4.4 Capital Costs
The design, construction and development costs of all Public Sewage System expansions and extensions
which have been approved by the Development Review Board shall be borne by the Developers and
property owners requiring, requesting or directly benefitting from such extensions and/or expansions,
unless alternative funding method is approved by the City Council.
4.5 Collection
Collection of the delinquent sewer use rates may be enforced by the City pursuant to 24 V.S.A., Chapter
129; 24 V.S.A., Section 3612; and 24 V.S.A., Section 3615. In the event any sewer rent is not paid within
thirty (30) days from the billing date, a late penalty charge will be added to the sewer rent together with
interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall
be the same as those applied to delinquent taxes. If such payment is not made, such sewer rent shall be a
lien upon such real estate and shall be collected according to the procedures allowed for in 24 V.S.A. §§
3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water,
then delinquent sewer, then delinquent stormwater fees. The remaining amount of the payment shall first
be allocated to current water, then current sewer, then current stormwater fees.
4.6 Sinking Fund/Set‐Asides for Major Expenditures
The following provides for and restricts the use of set‐aside (sinking) funds to finance future major
maintenance/replacement costs and plant expansion costs.
(A) A separate sinking fund may be utilized for major maintenance/ replacement expenditures and for
expansion/upgrading expenses associated with the wastewater facility in the City of South Burlington.
Sinking fund establishment for maintenance/ replacement expenditures shall be through written policy of
the City. Any sinking fund policy shall contain at least the following in writing: major maintenance/
replacement identification, estimated expenditures, estimated year of expenditure, payment amount, type
of account used to accumulate sinking fund assets, source of funding and when payments are to stop. All
sinking funds shall be established and maintained in accord with 24 V.S.A., Section 3616.
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(B) City reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking fund
not exceeding 15% of the normal total budgeted expenses for maintenance/ replacement in that year. The
fees charged for expansion cost shall be deposited into a separate account and a record shall be kept to
show payment date, person making payment and payment amount. The City Council holding office have
the authority to withdraw sinking fund amounts only for the purpose of paying for major expenditures/plant
expansion for which the fund was established.
(C) sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or
plant expansion, excess money shall remain in the sinking fund for future related expenditures similar in
nature. Revenues established for plant expansion dedicated funds may be generated from
connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall not
exceed the estimated future expansion cost for the wastewater treatment facility. When the City so votes,
the expansion/upgrade sinking fund may be used to finance major maintenance/replacement expenditures,
but under no circumstances shall the major maintenance replacement sinking fund be used to finance
wastewater expansion/upgrade expenses.
ARTICLE V ‐ STORMWATER SYSTEM
5.1 Purpose
The purpose of this Article is to provide for the health, safety, and general welfare of the citizens of South
Burlington through the regulation of Stormwater Discharges to the Stormwater System.
5.2 Applicability
Any discharge of Stormwater from Developed Property in the City shall be subject to the provisions of this
Article.
5.3 Required Approvals
(A) No owner of Developed Property in the City shall change or alter, or allow to be changed or altered,
the discharge of Stormwater from such property occurring on the effective date of this Article without first
obtaining any permit or approval required under this or any other City Ordinance, state law, or federal law.
As used herein, change or alter shall mean an act done which will result in a direct or indirect impact on the
contribution of Stormwater into the Public Stormwater System.
(B) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or
disturb any public Storm Drain or appurtenance thereof without first obtaining a written permit from the
Stormwater Superintendent. The owner shall indemnify the City for any loss or damage directly or indirectly
occasioned by the construction or installation of the private drain or storm sewer system, including damages
from back flow from the municipal storm sewer system.
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5.4 Compliance with Existing Permits
It shall be a violation of this Article for any owner of Developed Property that is subject to any local, state,
or federal permit requirements regarding the discharge of Stormwater to fail to comply with such permit
requirements.
5.5 Use of the Public Stormwater System:
(A) The following may be discharged into the Public Stormwater System, subject to obtaining and
complying with any required permit:
(1) Stormwater;
(2) Water line flushings; landscape irrigation or lawn watering, provided all pesticides, herbicides,
and fertilizers have been applied in accordance with the approved labeling; diverted stream flows; rising
ground water; uncontaminated ground water; uncontaminated pumped ground water; discharges from
potable water sources; foundation or footing drains where flows are not contaminated with process
materials, and to which there are no floor drain, septic wastewater, or grey water connections;
uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from
the outside storage of refrigerated gasses or liquids; uncontaminated water from crawl spaces;
irrigation water; spring water; flows from riparian habitats and wetlands; swimming pools (if
dechlorinated ‐ typically less than one PPM chlorine); discharges from emergency/unplanned fire‐
fighting activities; fire hydrant flushing; pavement and external building wash waters to which no
detergents or other chemicals have been added; incidental windblown mists; and any other water
source not containing Pollutants;
(3) Discharges specified in writing by an Authorized enforcement Person as being necessary to
protect public health and safety;
(4) Dye testing is an allowable discharge, but requires a verbal notification to the authorized
enforcement agent prior to the time of the test;
(5) Any non‐stormwater discharge permitted under an NPDES permit, waiver, or waste discharge
order issued to the discharger and administered under the authority of the United States Environmental
Protection Agency, provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that written approval has been
granted for any discharge to the Storm Drain system.
(B) It shall be a violation of this Ordinance for any Person to cause or allow to occur any Illicit Discharge
to the Public Stormwater System or allow any Illicit Discharge existing on the date this Article becomes
effective to continue regardless of whether such existing discharge was permissible under law or practices
applicable or prevailing at the time the discharge commenced.
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5.6 Best Management Practices
(A) The Stormwater Superintendent will adopt requirements identifying Best Management Practices
(BMPs) for any activity, operation, or facility which may cause or contribute to an Illicit Discharge to the
Stormwater System. The owner or operator of a commercial or industrial establishment shall provide, at
their own expense, reasonable protection from an accidental Illicit Discharge into the Public Stormwater
System. Further, any Person responsible for a property or premises, which is, or may be, the source of an
Illicit Discharge to the Public Stormwater System, may be required to implement, at said Person's expense,
additional BMPs to prevent or discontinue the Illicit Discharge. Compliance with all terms and conditions of
a valid NPDES permit authorizing the discharge of Stormwater associated with Industrial Activity, to the
extent practicable, shall be deemed in compliance with the provisions of this Section.
(B) Every Person owning property through which a Watercourse passes, or such Person's lessee, shall
keep and maintain that part of the Watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the Watercourse. In addition, the owner or lessee shall maintain existing privately owned structures
within or adjacent to a Watercourse, so that such structures will not become a hazard to the use, function,
or physical integrity of the Watercourse.
(C) Notwithstanding other requirements of law, as soon as any Person responsible for a facility or
operation, or responsible for emergency response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result in an Illicit Discharge into the Stormwater
System, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of a release of Hazardous Materials, said Person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release of non‐
hazardous materials, said Person shall notify the Stormwater Superintendent in person or by phone or
facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the Stormwater Superintendent within three business days of the
phone notice. If the Illicit Discharge emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on‐site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
5.7 Protection from Damage
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the Public Stormwater System.
ARTICLE VI ‐ STORMWATER SYSTEM USER FEES
6.1 Establishment of Stormwater User Fees
(A) A user fee based on an Equivalent Residential Unit (ERU) shall be imposed on every owner of non‐
exempt Developed Property within the City. An ERU shall equal that square footage that represents the
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median of the area of Impervious Surface for all Single Family Residences in the City. The City Council shall,
by resolution, establish the square footage that constitutes one ERU on a periodic basis.
(B) The City Council shall have the authority to set and modify the user fee rates so that the total
revenue generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the
City’s stormwater program.
(C) The City council shall establish by resolution the monthly rate for each ERU. The monthly user fee
for a specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to
the property.
6.2 User Fee Credits
(A) The Stormwater Superintendent shall prepare for the City Council’s approval, a “Stormwater User
Fee Credit Manual” specifying the design and performance standards of on‐site stormwater systems,
facilities, activities and services which qualify for application of a user fee credit and the method of
calculating Credits. The City Council shall have the authority to approve, modify and approve or disapprove
the Credit Manual.
(B) Following approval of a Credit Manual, the Stormwater Superintendent may, at the request of a
property owner, reduce the user fee established for any property by awarding a Credit based on the policies
and conditions set forth in the Manual. No Credit shall exceed fifty percent (50%) of the applicable monthly
user fee for a given property. Any property owner may appeal the Stormwater Superintendent’s
determination regarding an award of a Credit by filing a written notice of appeal with the Stormwater
Appeal Board within ten (10) business days of the Superintendent’s decision. The Stormwater Appeal Board
shall review such appeal at a meeting preceded by fifteen (15) calendar days written notice of the meeting
date to the property owner. Following the meeting, the Stormwater Appeal Board shall issue its decision
on the appeal in writing, which decision shall be final.
(C) Credits shall be applied to user fees on the next billing period after the completed credit application
is approved.
(D) Any award of Credit shall be conditioned on continuing compliance with the City’s design and
performance standards as stated in the “Stormwater User Fee Credit Manual” and/or upon continuing
provision of the systems, facilities, services, and activities provided, operated, and maintained by the
property owner or owners upon which the Credit is based. The Stormwater Superintendent may revoke or
reduce a Credit at any time for non‐compliance by providing thirty (30) days written notice of a non‐
complying condition and intent to revoke or reduce the Credit to the property owner. If the non‐compliance
is not cured within the thirty (30) day period, the Stormwater Superintendent shall eliminate the Credit for
user fee bills issued to the property owner after such period. A property owner may appeal the Stormwater
Superintendent’s determination regarding Credit revocation or reduction in the same manner set forth in
paragraph (B), above.
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6.3 Establishment of ERUs
(A) Each SFR shall be allocated one (1) ERU.
(B) The ERUs allocated to NSFR properties, except City owned roads, shall be determined in the
following manner:
(1) The amount of Impervious Surface on each parcel shall be divided by the gross area of the parcel
resulting in the percent of imperviousness for the parcel.
(2) Based on the percent imperviousness, a “tier factor” shall be determined, based on the following
categories:
*Fee will be based on actual amount of Impervious Surface, measured in square feet. The gross area of
the parcel shall be multiplied by the tier factor, and then divided by the ERU. The resulting value is
rounded up to the nearest whole number which is the number of ERUs for the property.
(C) The ERUs allocated to properties comprised solely of City owned roadways shall be determined by
dividing two‐thirds of the total Impervious Surface for the property by the ERU. The resulting value is then
rounded up to the nearest whole number which is the number of ERUs for the property.
IMPERVIOUS PERCENTAGE TIER FACTOR
1 to 10.99% * See Below
11 to 20.99% 0.15
21 to 30.99% 0.25
31 to 40.99% 0.35
41 to 50.99% 0.45
51 to 60.99% 0.55
61 to 70.99% 0.65
71 to 80.99% 0.75
81 to 90.99% 0.85
91 to 100% 0.95
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6.4 Billing and Collection
(A) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for
each property owner, where applicable. The bill shall also state the ERUs allocated to each property.
(B) A property owner may appeal an allocation of ERUs to the Stormwater Superintendent by
submitting a written notice of appeal to the Stormwater Superintendent within fifteen (15) calendar days
of the mailing date of the bill. The Stormwater Superintendent shall promptly meet with the property owner
and issue a decision of the allocation of ERUs. A property owner may appeal the Stormwater
Superintendent’s determination regarding Credit revocation in the same manner set forth in Section 6.2(B).
The filing of an appeal shall not relieve a property owner of the obligation to pay the user fee when due.
(C) In the event any stormwater user fee is not paid within thirty (30) days from the billing date, a late
penalty charge will be added to the fee together with interest charges. The amount of the late penalty
charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes.
If such payment is not made, such stormwater user fee shall be a lien upon such real estate and may be
collected in the manner provided in 24 V.S.A., §§ 3504 and 3612. Any payment made to the City for utility
fees shall first be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees.
The remaining amount of the payment shall first be allocated to current water, then current sewer, then
current stormwater fees.
6.5 Expenditures
(A) The user fees, as well as any secondary sources of revenue, shall be used to fund the City’s efforts
to manage Stormwater. Acceptable expenditures include, but are not limited to, capital construction,
maintenance and operations, engineering and planning, regulation and enforcement, water quality
programs, special services, administration and management, coverage requirements, reserve funds, staff
or labor costs, vehicle and equipment purchases and miscellaneous overhead costs.
(B) Excess revenues will be placed into a sinking fund, and may be retained and expended in the manner
set forth in Section 4.6.
ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS
7.1 Exclusively Residential Regulated Private Systems
(A) Subject to the terms and conditions of this Ordinance, the City may accept conveyance of and
assume responsibility for Regulated Private Systems that serve Exclusively Residential development in the
City, provided the Owner of such Regulated Private System meets the following conditions:
(1) The Regulated Private System shall comply with the VSMM and the City Ordinance: Stormwater
Upgrade Feasibility Analysis (“SUFA”).
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(2) Regulated Private Systems shall satisfy the goals outlined in any Agency of Natural Resources‐
approved plan for the City to meet MS4 Permit requirements (e.g., Flow Restoration Plan, Phosphorus
Control Plan, etc).
(3) The Superintendent determines that allowing the Regulated Private System to obtain coverage
under the City’s MS4 Permit would not place an undue burden on the City.
(B) The Owner of any Regulated Private System listed in Section (A), above, may offer to convey such
system to the City by:
(1) Applying to the Stormwater Superintendent, using forms developed by the Stormwater
Superintendent;
(2) Paying the applicable fee as determined from time to time by the South Burlington City Council;
and
(3) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the
City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private
System’s Stormwater management and treatment improvements prior to acceptance of such Regulated
Private System.
(C) Upon receipt of a complete application described in Section (B), above, the Stormwater
Superintendent shall determine whether the Regulated Private System meets the applicable standards
which determination shall be final.
(D) Upon a determination that a Regulated Private System meets applicable standards, the Stormwater
Superintendent, working with the City Attorney or the City Attorney’s designee, shall direct the Owner of
the Regulated Private System to prepare all documents, using forms developed by the Stormwater
Superintendent, the City Attorney, or the City Attorney’s designee, necessary to convey the Regulated
Private System, free and clear of all encumbrances, to the City and transfer any applicable permit to the
City. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such
documents to determine their accuracy and completeness.
(E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required
under paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the
Stormwater Superintendent shall submit to the City Council the Owner’s offer to convey the Regulated
Private System to the City. The City Council may accept such offer if it determines that such acceptance is
in the best interests of the City.
(F) Upon acceptance of a Regulated Private System pursuant to paragraph (E) above, the City shall be
responsible for operating, maintaining, and repairing, the Regulated Private System to comply with any
applicable permit and for renewing or obtaining any permit required for operation and maintenance of the
Regulated Private System, except that the Former Owner of the Regulated Private System shall be
responsible for all costs, fees, charges and expenses for:
(1) Remedying damage caused by the Former Owner of the Regulated Private System; or
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(2) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System. As used herein, an “extreme
unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s
reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado,
war, strike, terrorism, riot or insurrection.
(G) For a period of twenty (20) years from the date the City accepts a Regulated Private System and
other than the User Fee described in Article VI hereof, the City shall not impose an assessment or surcharge
that is unique to the Former Owner of such accepted Regulated Private System to cover all or a portion of
the cost of performing the City’s duties outlined in paragraph (F) above, unless the City imposes a similar
assessment or surcharge on other Former Owners of other similar Regulated Private Systems, or in the
event of a need to remedy damage described in subparagraphs (F)(1) and (F)(2) above, or to reconstruct
the system as described in subparagraph (F)(3) above.
(H) For purposes of this Article VII, the phrase “Former Owner” includes the successors in interest of
Owners of Regulated Private Systems that have been accepted by the City pursuant to the procedures
outlined in paragraphs (B) through (G) of this Section 7.1 If a “Former Owner” is a membership organization,
company, corporation or other entity, whether for profit or not‐for‐profit, the phrase “Former Owner” shall
also include its officers, members, directors and their respective successors in interest.
7.2 Regulated Private Systems That Are Not Exclusively Residential
(A) Subject to the terms and conditions of this Ordinance, the City may, , allow Regulated Private
Systems that serve properties with non‐residential uses to obtain permit coverage under the City’s MS4
Permit provided the Owner of such Regulated Private System meets all of the following conditions:
(1) The Regulated Private System shall comply with the VSMM and the Stormwater Upgrade
Feasibility Analysis (“SUFA”).
(2) Regulated Private Systems shall satisfy the goals outlined in any Agency of Natural Resources‐
approved plan for the City to meet MS4 Permit requirements (e.g., Flow Restoration Plan, Phosphorus
Control Plan, etc).
(3) The Owner of a Regulated Private System enters into an agreement with the City obligating the
Owner of the Regulated Private System to maintain the Regulated Private System in accordance with
the MS4 Permit, the VSMM, and the SUFA, as applicable to that Regulated Private System, and grants
the City access by license:
(a) To monitor and inspect the Regulated Private System at regular intervals to confirm
compliance with the MS4 Permit, the VSMM, and the SUFA, as applicable to that Regulated Private
System; or
(b) To maintain the Regulated Private System only in the event the Superintendent determines
that the Owner of the Regulated Private System has failed to perform maintenance of the Regulated
Private System in accordance with the VSMM or the SUFA, as applicable to that Regulated Private
System and that the public good requires the City to perform such maintenance on the Regulated
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Private System. The City’s performance of maintenance on a Regulated Private System shall be
performed at its sole discretion and shall not relieve the Owner from complying with the MS4
Permit, the VSMM, and the SUFA, as applicable. If the City chooses to perform such maintenance
after the Owner’s failure or refusal to do so, the Owner shall reimburse the City for its costs, fees,
expenses and other charges it incurs as a result of the Owner’s failure or refusal to perform such
maintenance. If the Owner refuses to reimburse the City within thirty days of the City’s mailing of a
bill for such charges, such charges shall be a lien on the Owner’s property in accordance with 24
V.S.A. § 3504.
(4) The Superintendent determines that allowing the Regulated Private System to obtain coverage
under the City’s MS4 Permit would not place an undue burden on the City.
(B) The Owner of a Regulated Private System meeting the requirements of paragraph (A), above, may
request coverage under the City’s MS4 Permit by:
(1) Applying to the Superintendent, using forms developed by the Stormwater Superintendent;
(2) Paying the applicable fee as determined from time to time by the South Burlington City Council;
(3) Submitting a plan for maintenance and repair of the Regulated Private System to ensure
compliance with the MS4 Permit, the VSMM, and the SUFA, as applicable to that Regulated Private
System; and
(4) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the
City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private
System’s Stormwater management and treatment improvements prior to the City accepting coverage
of such Regulated Private System under its MS4 Permit.
(C) Upon receipt of a complete application as described in paragraph (B) above, the Superintendent
shall determine whether the Regulated Private System meets the VSMM and the SUFA, as applicable to that
Regulated Private System. The Superintendent's determination shall be final.
(D) Upon determination that a Regulated Private System satisfies the VSMM and the SUFA, as
applicable to that Regulated Private System, the Stormwater Superintendent, working with the City
Attorney or the City Attorney’s designee, shall direct the Owner of the Regulated Private System to prepare
all documents, using forms developed by the Stormwater Superintendent, the City Attorney or the City
Attorney’s designee, necessary for the Regulated Private System to obtain coverage under the City’s MS4
Permit. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such
documents to determine their accuracy and completeness.
(E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required by
paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the
Stormwater Superintendent shall submit to the City Council the Regulated Private System Owner’s request
to obtain coverage under the City’s MS4 Permit. The City Council may approve such request if it determines
that such approval is in the best interests of the City.
(F) Upon allowing a Regulated Private System to obtain coverage under the City’s MS4 Permit pursuant
to paragraph (E) above, the City shall periodically monitor, inspect and report on the Regulated Private
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System per the City’s MS4 Permit requirements. Notwithstanding such coverage, the Owner of the
Regulated Private System remains responsible for all costs, fees, charges and expenses for:
(1) Operation, maintenance, repair, improvement or replacement of the Regulated Private System
to ensure compliance with the MS4 Permit and with the VSMM and the SUFA, as applicable to that
Regulated Private System;
(2) Remedying damage caused by the Owner of the Regulated Private System; and
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System. As used herein, an “extreme
unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s
reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado,
war, strike, terrorism, riot or insurrection.
(G) For a period of twenty (20) years from the date the City allows a Regulated Private System to obtain
coverage under the City’s MS4 Permit and other than the User Fee described in Article VI hereof, the City
shall not impose an assessment or surcharge that is unique to the Owner of such Regulated Private System
to cover all or a portion of the cost of performing the City’s duties outlined in paragraph (F) above unless
either:
(1) The City imposes a similar assessment or surcharge on Owners of other similar Regulated
Private Systems;
(2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of
the Owner;
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the Regulated Private System; or
(4) If the City deems in the reasonable exercise of its discretion that the Owner has failed to
maintain, repair or improve the Regulated Private System to comply with the City’s MS4 Permit and
such maintenance, repair or improvement is necessary, as determined by the Stormwater
Superintendent’s sole discretion, to ensure compliance with the City’s MS4 Permit.
(H) For purposes of this Section 7.2, the term “Owner” includes the successors in interest of Owners of
Regulated Private Systems that have obtained coverage under the City’s MS4 Permit. If an “Owner” is a
membership organization, company, corporation or other entity, whether for profit or not‐for‐profit, the
phrase “Owner” shall also include its officers, members, directors and their respective successors in interest.
(I) In addition to the rights and remedies for non‐compliance with this Ordinance provided in Article
VIII below, if the Owner of the Regulated Private System fails to operate, improve, inspect, maintain, repair
and replace its Regulated Private System in accordance with the City’s MS4 Permit, the VSMM or the SUFA,
as applicable to that Regulated Private System, then the Superintendent in his sole discretion and at any
time may terminate the agreement described in Section 7.2(A)(3), above, provided the Superintendent
mailed a notice of termination to the Owner thirty (30) days in advance of such termination.
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ARTICLE VIII – MUNICIPAL COST SHARING
8.1 Purpose
The Purpose of this article is to establish a City policy regarding cost sharing of upgrading or improving
Stormwater Treatment Practices that are required by the MS4 Permit, Flow Restoration Plans (FRPs),
Phosphorus Control Plans (PCPs) or any other future MS4 permit requirement.
8.2 Applicability
(A) This section shall apply to stormwater system upgrades or improvements as required by Article VII
of this document.
8.3 Municipal Share of Stormwater Project Costs
(A) The City shall share in the cost of upgrading or improving Stormwater Treatment Practices (STPs)
that are required by the MS4 Permit, Flow Restoration Plans (FRPs), and/or Phosphorus Control Plans
(PCPs) as follows:
(1) The City shall contribute funds from the stormwater utility budget for the construction of
upgrades or improvements to STPs on a pro rata basis. Cost sharing shall be determined by the
percentage of impervious surface area that is publicly owned and covered by the existing stormwater
permit as compared to the total impervious surface area covered by the existing stormwater permit;
(a) Areas outside of the existing stormwater permit that drain to the STP will not be included
in this calculation unless the additional off‐site area is routed to the STP as part of the upgrade or
improvement. If offsite areas are being redirected to the STP as part of the upgrade or
improvement, then these areas will be included as part of the City’s impervious surface area in the
cost sharing calculation.
(2) The City’s share of funding for upgrades or improvement of any particular STP will be
determined on a schedule established by and at the discretion of the City. The City will update this
schedule on an annual basis, as needed, to ensure that expenditures are budgeted in a way that is
sustainable for the stormwater utility sinking fund, stormwater utility rate payers and permit required
objectives.
(3) The City will cost share in the upgrade or improvement of an STP to the minimum design
requirements that achieve the stormwater treatment necessary to satisfy FRPs, PCPs and Vermont
Stormwater Management Manual (VSMM). Work included as part of any upgrade or improvement
that is beyond the minimum necessary to meet the minimum design requirements will be the
responsibility of the Owner of the Regulated Private System. The City will not share in the cost of any
work undertaken that is not directly related to the STP.
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(4) The City shall review and will share in the costs of any change orders during construction until
the total of change order requests exceeds 10% of the estimated total project cost. Change order
requests seeking cost increases beyond 10% of the estimated total project cost will be borne by the
Owner of the Regulated Private System, unless otherwise agreed to by the City and is in the
Stormwater Superintendent’s sole and complete discretion.
(5) The City shall not contribute funds for engineering or design services incurred as part of
upgrades or improvements to STPs unless;
(a) The City obtains grant or other outside funding for the engineering or design project and a
signed stormwater system improvement agreement with the Owner of the Regulated Private
System that addresses engineering or design cost sharing is in place;
(b) The City will not be responsible for engineering or design costs that were incurred prior to
the effective date of a stormwater system improvement agreement for the upgrade or
improvement to the STP.
(6) The City will provide its pro rata share of STP upgrade or improvement costs only after the
Stormwater Superintendent or the Stormwater Superintendent’s designee has inspected the
stormwater treatment system and the STP upgrade or improvement and certified that it has been
constructed in accordance with the previously approved project plans.
(7) The City is not required to obtain grants or other outside funding for any individual project.
Grants will be obtained at the discretion of the Stormwater Superintendent based on staff availability
and other factors.
(8) If a grant or outside funding is obtained by the City for a STP upgrade or improvement project,
such grant or outside funding will first be applied to offset the City’s pro rata share of the STP upgrade
or improvement costs. Any amount in exceedance of the City’s pro rata share may be applied to the
Regulated Private System Owner’s pro rata share of the STP upgrade or improvement project costs at
the discretion of the Stormwater Superintendent.
(9) STP upgrade or improvement projects that are eligible for City cost sharing must follow the
process outlined for inclusion of the stormwater treatment system under the City’s MS4 Permit as
established in Sections VII of this document.
(a) If a Regulated Private System Owner performs an upgrade or improvement to an STP, but
does not intend to obtain coverage under the City’s MS4 Permit and instead obtains permit
coverage directly from the State of Vermont, they may still obtain cost sharing from the City
pursuant the requirements of this Article. In order to be eligible, these projects must:
(i) Submit engineering and design plans for STP upgrade or improvement to the
Stormwater Superintendent and obtain written approval of these plans prior to incurring any
costs that would be eligible for cost sharing; and
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(ii) Sign a stormwater system improvement agreement with the City that establishes pro
rata cost sharing for all parties involved; and
(iii) Obtain the Stormwater Superintendent’s written confirmation that the STP upgrade
or improvement was constructed in conformance with the approved plans once construction
is complete.
ARTICLE IX ‐ INSPECTION AND ENFORCEMENT
9.1 Power and Authority of Inspectors
(A) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all
properties subject to regulation under this Ordinance for the purposes of inspection, observation,
measurement, sampling, and testing in accordance with the provisions of this Ordinance. Authorized
Persons shall have the right to set up such devices as are necessary to conduct monitoring and/or sampling
of any regulated discharge from the property. Authorized Persons may also examine and copy records
required to be kept under any permit subject to this ordinance. Authorized Persons shall have no authority
to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other
industries beyond that point having a direct bearing on the kind and source of discharge to the public
sanitary and stormwater systems.
(B) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all
private properties through which the City holds an easement for the purposes of, but not limited to,
inspection, observation, measurement, sampling, repair, and maintenance or any portion of the Public
Sewage System or Public Stormwater System lying within said easement. All entry and subsequent work, if
any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the
private property involved.
(C) If a property owner has security measures in force which require proper identification and clearance
before entry into onto the property, the owner shall make the necessary arrangements to allow access to
any Authorized Person.
(D) Any temporary or permanent obstruction to safe and easy access to any property to be inspected
and/or sampled shall be promptly removed by the property owner at the written or oral request of any
Authorized Person and shall not be replaced. The costs of clearing such access shall be borne by the
property owner.
(E) Causing an unreasonable delay in allowing an Authorized Person access to a property subject to
regulation under this Ordinance is a violation of this Ordinance.
(F) If an Authorized Person is refused access to any part of the property containing facilities, records or
discharges subject to regulation under this Ordinance, and if the Authorized Person is able to demonstrate
probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this
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Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, then the Authorized Person may seek issuance of a search warrant from any court of competent
jurisdiction.
(G) While performing the necessary work on private properties referred to in this Section, Authorized
Persons shall observe all safety rules applicable to the premises established by the property owner and the
property owner shall be held harmless for injury or death to the City employees and the City shall indemnify
the property owner against loss or damage to its property for personal injury or property damage asserted
against the property owner and growing out of the gauging and sampling operation, except as may be
caused by negligence or failure of the property owner to maintain safe conditions as required by law.
9.2 Administrative Enforcement
(A) Any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is
a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken.
(B) Any Person found to be violating any provision of this ordinance shall be served by the City with
written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory
correction thereof. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of Illicit Discharges;
(3) The cessation of improper practices and operations and implementation of proper practices
and operations;
(4) The abatement or remediation of any contamination of the public sewage or Stormwater
System and waters of the State of Vermont or the United States and restoration of any property
impacted by such contamination;
(5) Establishment of time limits for the completion of all required work;
(6) Payment of a fine; and
(7) State that the Notice may be appealed in the manner set forth in paragraph (F), below.
(C) The City has the right to require a property owner found to be in violation of this Ordinance to install
monitoring equipment and maintain such equipment in proper operating condition, including proper
calibration, all at the property owner’s expense.
(D) If a violation has not been corrected pursuant to the requirements set forth in the Notice of
Violation, the City or persons retained by the City may enter upon the subject property to take any and all
measures necessary to abate the violation and/or restore the property. It shall be unlawful for any Person,
owner, agent or Person in possession of any premises to refuse to allow the City or designated persons to
enter upon the premises for the purposes set forth above.
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(E) Within thirty (30) days after abatement of the violation, the owner of the property will be notified
of the cost of abatement, including administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a
timely manner as determined by the decision of the City Manager or the City Manager’s designee (“City
Manager”), or by the expiration of the time in which to file an appeal, the charges shall constitute a lien on
the property for the amount of the assessment and shall bear interest at the rate of one percent (1%) per
month, or portion thereof.
(F) The City Manager may, without prior notice, suspend stormwater or sewer system discharge access
to a Person when such suspension is necessary to stop an actual or threatened discharge which presents or
may present imminent and substantial danger to the environment, or to the health or welfare of persons,
or to the Stormwater System, sewer system or waters of the State of Vermont or the United States. If the
violator fails to comply with a suspension order issued in an emergency, the City Manager may take such
steps as deemed necessary to prevent or minimize damage to the Stormwater System, sewer system or
waters of the State of Vermont or United States, or to minimize danger to persons.
(G) Any Person discharging to the stormwater or sewer system in violation of this ordinance may have
their stormwater system or sewer system access terminated if such termination would abate or reduce an
Illicit Discharge. The City Manager will notify a violator of the proposed termination of its stormwater system
or sewer system access. The violator may appeal the City Manager’s determination to the City Council by
filing a written notice of appeal with the City Manager within ten (10) business days of the Manager’s
decision. The City Council shall review such appeal at a meeting of the Council preceded by fifteen (15)
calendar days written notice of the meeting date to the Violator. Following the meeting, the Council shall
issue its decision on the appeal in writing, which decision shall be final.
(H) A Person commits an offense if the Person reinstates stormwater system or sewer system access to
premises terminated pursuant to paragraph (F), above, without the prior approval of the City Manager.
9.3 Judicial Enforcement
(A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any Person
who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall
be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law
enforcement officer or the Director of Public Works, City Engineer, Deputy Director of Public Works, or
Stormwater Superintendent may act as an Issuing Municipal Official and issue and pursue before the Judicial
Bureau a municipal complaint for any violation of any provision of this Ordinance.
(B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager
is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
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9.4 Civil Penalty; Waiver Fee
(A) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for
each violation:
First offense $160
Second offense $320
Third offense $480
Fourth offense $640
Fifth and subsequent offenses $800
(B) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the
following amounts, for any Person who declines to contest a municipal complaint and pays the waiver fee:
First offense $100
Second offense $250
Third offense $400
Fourth offense $550
Fifth and subsequent offenses $700
Each day the violation continues shall constitute a separate violation.
9.5 Severability
If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall
not invalidate any other part of this Ordinance.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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Adopted at South Burlington, Vermont this _______day of ______, 2022, and to be effective upon adoption.
SOUTH BURLINGTON CITY COUNCIL
_____________________________ ____________________________
Helen Riehle, Chair Matt Cota
__________________________________ ______________________________
Meaghan Emery, Vice Chair Thomas Chittenden
__________________________________
Tim Barritt, Clerk
Received and recorded this ______ day of ________, 2022.
______________________________
Donna Kinville, City Clerk
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Implementation Strategy Description Responsible Department
Update City Comprehensive Plan [expires 2/24]
*Affirm Values & Goals
* Review implementation of 2016 Plan
* Establish "knowns" / data analysis for 2024 Plan
* Host robust public participation
* Establish measurable objectives by subject area
* Establish policy/actions for 2024 Plan
* Prepare for formal adoption process beginning in FY24
Planning & Zoning, City
Manager
*Council & Planning Commission held joint meeting in
October to discuss values, goals, implementation
schedule, and "knowns".
*Subsequently, Planning Commission reviewed minor
updates and supported staff circulating this as the
working draft
Themes and topics to be more thoroughly addressed
•Addressing Climate Change (mitigation, resiliency, adaptation)
•Emphasizing Equity in our work
•Creating greater emphasis on people, community, and equity
•Neighborhoods, connections, and transitions
•Creating greater measurability in the Plan’s Objectives
•Assuring consistency of objectives and policies within the Plan
•Addressing housing and affordability
•Addressing economic activity and resiliency
•And others as identified
Develop strategy for funding and sequencing the following likely plans:
*Climate Action
*Cultural
*Open Space
*Parks
*Equity
*Transportation
*Housing
*and others as identified
Planning & Zoning, City
Manager
*Commission and Council approved grant submittal
for a Equity in Planning framework
*Strategy work to be developed as part of Plan
Assess the City's Industrial-Commercial Zoning districts: What uses MUST be away from
housing? Should we reserve land for those purposes only while making other "business parks"
eligible for a wider range of mixed uses? Consider support services & uses
Planning & Zoning *Planning Commission / Staff prepared and submitted
request in November to Economic Development
Committee to consider these and related questions
*** Youth programming to support families in the downtown core. What services are missing
(e.g. Boys and Girls Club, YMCA, Youth Center, mental and physical health provision)
Planning & Zoning,
Police, Recreation,
Library
*Planning Commission endorsed staff outreach Plan
and major themes.
*Staff sent invitation letter to each committee and
department to identify data needs and key questions
to have outreach on.
*Staff began preparing data and topic-by-topic needs
analysis
Planning & Zoning, City
Manager
Update
(December 2022)
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
Comprehensive Plan Update
Report #1 (December 5, 2022)
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Implementation Strategy Description Responsible Department
Continue focus on developing City Center and successfully administering the TIF
district
*TIF 10 year audit
Community
Development
Held kick-off meeting with the State Auditor's office
for the 10-year State audit as well as pre-process
interviews.
Williston Road Streetscape:
*Complete design and initiate ROW acquisition
*Obtain TIF bond authorization
Community
Development, DPW
Revised preliminary plans have been completed and
the ROW phase will commence shortly. TIF bond
proposal will be brought to Council and put on 2023
Town meeting day ballot for TIF District Financing.
*** Garden Street:
*Complete the right of way acquisition and design
*Obtain TIF bond authorization for Phase II
*Bid out project
Community
Development, DPW
TIF bond proposal will be brought to Council and
put on 2023 Town meeting day ballot for TIF District
Financing.
City Center Park Boardwalk Connection:
*Design, obtain funding for, and contract for construction
*Obtain TIF bond authorization
Community
Development, DPW
60% plans were brought to the public and design
completion is underway.
TIF bond proposal will be brought to Council and
put on 2023 Town meeting day ballot for TIF District
Financing.
Develop East West Crossing - Pedestrian Bicycle Bridge over I-89 Project
*Under design with Community through October
*Obtain TIF bond authorization
*Begin developing construction documents
Community
Development, DPW
Final concept recommended and accepted
following robust public outreach process.
TIF bond proposal will be brought to Council and
put on 2023 Town meeting day ballot for TIF District
Financing.
Contracted with State of Vermont and US DOT for
RAISE Grant.
Completed utility and soil exploration.
*** Dorset Street Signals:
*Complete construction / installation of new hardware.
*Consider how new hardware and signals can be used to make Dorset St more
walkable.
*Evaluate Adaptive signal technology. Scope this work and get rough costs for
implementation.
Community
Development, DPW
Project was bid and construction awarded to ECI.
Additional project costs are included in FY24 CIP.
Grant application for evaluation of adaptive
technology has been submitted.
Be nimble in supporting future of U Mall and other private development in City
Center
City Manager,
Community
Development, Planning
& Zoning
Have engaged private sector developers through
multi-departmental meetings on proposed
development to improve efficiency of reviews and
have high-level issues addressed together
Consider expanding Neighborhood Development Area Designation Planning & Zoning,
Community
Development
Staff has reached out to Vermont Dept of Housing
and Community Development to confirm process
and has begun speaking with property owners.
Land Development Regulations Updates: Continue revisions to City Center Form
Based Code and associated Official Map updates to support successful
development of the downtown
Planning & Zoning,
Community
Development
*Staff is collecting input from development
community on topics in general
*Planning Commission is reviewing amendments to
clarify process & regulated related to
environmental protection standards, including in
the FBC.
Update
(December 2022)
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
City Center and Tax Increment Financing District
Report #1 (December 5, 2022)
Role of City Manager and Leadership Team
"This is how we are accomplishing this vision."
Implementation Strategy Description Responsible
Department
Complete Development of the City's Principal Climate Action Plan Planning & Zoning CAP Adopted by City Council October 3, 2022
Prepare specific Implementation Plans by Sector, beginning with
Transportation, Governance, and Buildings/Thermal
Planning & Zoning Transportation implementation plan has been
kicked-off with CCRPC and VHB. Advisory
Committee structure shared with Council.
Receive Plan and begin implementation of highest priority actions in current
fiscal year
Planning & Zoning,
City Manager, Others
as needed
*Council adopted heating / hot water ordinance
pertaining to new construction November 7,
2022.
With FY24 budget consider staff capacity to implement City Manager,
Planning & Zoning,
*FY 2024 Budget includes options for Council
funding of Climate work
Communicate widely on the CAP and strategies Planning & Zoning,
City Manager
*Staff has posted adopted Plan to website,
announced via City News, and published an
article in the Other Paper discussing the CAP
Develop publicly available reporting on CAP Planning & Zoning,
City Manager
Sustainability Report provided to Council
Additional capacity needed
Update
(December 2022)
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
Climate Action Plan
Report #1 (December 5, 2022)
Creating a robust sense of place and opportunity for our residents and visitors.
Implementation Strategy Description Responsible
Department
Plan for Recreation Center future (assess community interest, new facility, existing
spaces, etc.)
Recreation & Parks,
Community
Development
Project has not advanced pending Council direction.
SBPD will continue to be a leader in recognizing bias in policing and establishing
meaningful relationships with the immigrant community. This work includes
education for staff and leveraging the partnership formed with our cultural
brokers.
Police, Library,
Community
Development
During November of 2022 Dr. Avila trained all SBPD staff in
biases, microaggressions, macroaggressions, and micro
assaults. This was the second training evolution related to our
goals of providing fair and impartial policing.
Land Development Regulations Updates:
* Extend use of TDRs to higher density mixed use areas
*Address density on smaller parcels in the SEQ
*Begin to zoning in historically single-family neighborhoods to allow for thoughtful
infill and mix of housing types
Planning & Zoning *LDR amendments extending TDRs to higher density mixed use
areas adopted by Council 11/21/2022
*Commission initiating Comprehensive Plan-level discussion of
historically single-family neighborhoods
Update our Pavement Condition Assessments (PCI) scoring and use this to guide
future street paving. Create a system for determining where we will spend paving
dollars that is transparent and equitable.
DPW PCI software was purchased and configured to include our
streets and shared use paths. Our next steps are to update the
data so that the software can help us generate a plan.
Modernize rules and regulations on dogs and common spaces for dogs Recreation & Parks,
Legal, DPW
Not yet started
Develop a policy on when the City assumes ownership for privately developed
parks, open spaces, and roads (rec paths and sidewalks), and ensure maintenance
resources are developed
Planning & Zoning,
DPW, Legal
DPW Standards are being developed to improve processes for
construction, as-built drawings, and inspection processes
before ownership transfer can occur.
Plan for the transformational and effective use of ARPA funding City Manager *Survey completed and presented to Council in September
*November 30th Council meeting to hear from Committees
*Step down of ARPA investment in FY24 budget
Increase programming for underserved populations Recreation & Parks,
Library
All three elementary schools have brought their English
language learning (ELL) families to the library for card sign up
and tours of the KidSpace. ESL discussion group has added new
members. Recreation and Parks Department hosted three pop
up events in the THC housing facilities and continues to work
with all school counselors to support scholarship opportunities
for children registering for programs.
Orient our eligible South Burlington neighbors to the Airport's noise mitigation
funds and efforts
City Manager, Planning
& Zoning
Not yet started
Hubbard Natural Area: Complete design phase and prepare bid documents DPW Work with consultants is on-going for recreation path, parking
area, viewing area, and stormwater.
Implement a body worn camera program in addition to the cruiser camera
program.
*Coordinate public records requests advancing the principals of both transparent
and accessible government.
Police The department's body worn camera program has been fully
deployed. Professional staff are responding to requests for this
data and are becoming fluent in the redaction software and
related law.
Increase Community Gardens throughout the community Recreation & Parks Need to identify land for this project
Role of City Manager and Leadership Team Update
(December 2022)"This is how we are accomplishing this vision."
*Establish vibrant streetscapes, civic spaces, public art and public facilities in the Central District and City
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
Affordable and Community Strong
*Be affordable, with housing for people of all incomes, lifestyles, and stages of life
*Keep unique features, and maintain or enhance the quality of life of existing neighborhoods
*Be a recognized leader in public education offerings and outcomes
*Provide quality public safety, infrastructure, health, wellness, and recreation services
*Ensure transparent and accessible government.
*Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations
*Actively plan for public spaces throughout the City, including public open spaces and public art, such that these spaces can be utilized daily and also for special community-
oriented events.
Report #1 (December 5, 2022)
Collaborate on providing community services:
*Coordinate marketing efforts with Rec and Library, Pop Up Events with Schools,
CHT facilities
*Launch remote service delivery
*Support Green Up Day by coordination of in Park events
*Weed Warriors and DPW collaborate on work at Parks and Cemeteries
Recreation & Parks,
Library, DPW
*Library staff present monthly at the Senior Center luncheon.
* Coordination of Rec and Library to request ARPA funds to
support remote service delivery vehicle.
* Three weed warrior events were hosted in our natural areas
this fall.
Adopt a policy to refer a majority of misdemeanor crimes to the Community
Justice Center.
*Ensure equitable opportunity to justice involved persons and fully embraces the
use of restorative practices to address crime and disorder in the City.
*As part of FY24 budget consider ways to sustainably fund efforts.
Police *PR-322 Alternative Prosecution was published on 07/01/2022.
This policy identified 14 misdemeanor crimes which are direct
referrals to the CJC for restorative justice.
*Explore the use of Opioid settlement funds to support CJC
operations.
South Village Field: Determine future use and work with developer on
construction
Recreation & Parks,
DPW
Internal Staff discussion of potential design elements for this
park that are outside of the approved design (currently a youth
size soccer field with parking amenity and rest rooms).
Proposals for a community garden facility, accessible
playground and bike ride launch have topped the list. Working
on proposal to submit to developer and coordinating with Rec
Impact Fee language.
Design and find funding for a new Book/Rec Van service Recreation & Parks,
Library
*Rec and Library have worked together to design a vehicle that
meets both needs, and service delivery plan that does the
same. Project will be presented for ARPA funds by Trustees.
Implementation Strategy Description Responsible
Department
Launch the Chittenden County Public Safety Authority with partners Police, Fire, City
Manager
Received over 2 million in grant funding to support start up costs.
Trying to find funding source to close the gap on final million
needed.
Illuminate Vermont Artisan Festival to promote City Center, support
local hospitality industry and Vermont artisans
Recreation & Parks,
Community
Development
Illuminate Vermont is in full planning mode as the event is
planned for December 16 and 17 4:00-8:00pm. Secured grant
funding from the state, matched by city council allocation and
community sponsors. BTV is our headline sponsor supporting this
event.
Support and create affinity spaces for South Burlington residents,
employees and business owners
Recreation & Parks,
Community
Development, Library
No action yet.
*Prioritize development that occurs within the community into the higher intensity areas
identified within this Plan
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
Opportunity Oriented
Being a supportive and engaged member of the larger regional and statewide community.
Report #1 (December 5, 2022)
*Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local
agricultural and food products.
Role of City Manager and Leadership Team Update
(December 2022)"This is how we are accomplishing this vision."
Implementation Strategy Description Responsible
Department
Complete the FY23 CIP projects prioritized for the Penny for Paths funds DPW All FY23 P4P projects are underway with 1 complete,
2 in ROW, and the remainder in design.
Complete Transportation Demand Management Regulations Planning & Zoning, DPW Not yet started
Consider UPWP applications to build out bike/ped infrastructure to create an
accessible network for all residents
*Complete FY23 efforts
*Apply for FY24 support
*Focus on pedestrians
Planning & Zoning, DPW *All FY23 approved UPWP projects have been kicked
off and are underway.
*Staff is developing recommendations for FY 2024
to go to Planning Commission and Council December
/ January
Complete Transportation Impact Fee update Planning & Zoning, DPW Paused for other priorities
*Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
Walkable
Bicycle and pedestrian friendly with safe transportation infrastructure.
Report #1 (December 5, 2022)
*Establish a city center with pedestrian-oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community.
Role of City Manager and Leadership Team Update
(December 2022)"This is how we are accomplishing this vision."
Implementation Strategy Description Responsible
Department
Mitigate Dog waste through installation of more mutt mitt stations Recreation & Parks,
DPW
Proposal from Dog Park Committee to install series of
waste stations- funded in proposed FY24 CIP
Improve management/maintenance of City-owned Natural Areas and Public
Parks
*Review and update current Open Space Fund parameters
*Create City Open Space Management Plans
*Develop funding strategy for ongoing maintenance of City-owned lands
DPW, Planning &
Zoning
Paused for other priorities
Review and consider changes to the City's Emerald Ash Borer Plan DPW Staff is discussing tree maintenance with NRCC
Complete Auclair conservation plan and Wheeler management update Planning & Zoning *Staff is working with VLT to prepare the Auclair
conservation
Prepare for an Chloride TMDL by instituting winter maintenance best practices
and working with the private sector on their SOPs.
DPW No update
Bond vote for refurbishment of the Bartlett Bay Wastewater Treatment
Facility.
DPW Vote is planned for March 2023. Working with legal
staff to prepare a bond schedule and bond language.
*Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic
sites and structures, and recreational assets
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
Green & Clean
Emphasizing sustainability for long-term viability of a clean and green South Burlington
Report #1 (December 5, 2022)
Update
(December 2022)"This is how we are accomplishing this vision."
*Reduce energy consumption city-wide and increase renewable energy production where appropriate.
*Climate Change Resolution
Role of City Manager and Leadership Team
Implementation Strategy Description Responsible
Department
Update permitting systems and processes:
*Provide technology to streamline processes
*Build an expedited pathway for Sustainable Energy Projects
*Support efficient DRB review
Planning &
Zoning
*Staff has met with a pair of vendors; beginning to put together
RFP
If the following ordinances are considered by the Council, develop an education, regulation,
and enforcement team to implement. These new ordinances could include:
*Rental Registry
*Housing/Short-term Rentals (AirBnb) ordinance
* Ordinance requiring all new buildings to have a "renewable primary heating system"
*Energy Inspections
City Manager,
City Attorney,
Fire, Planning
& Zoning
*Fire Department will be supporting the new ordinance on
renewable primary heating systems. Stand ready if additional
resources provided to support a rental registry.
*Current ordinance includes self-certification language
*FY24 Budget suggests an enforcement team in future years
Consider charter changes related to governance City Manager,
City Attorney,
City Clerk
Charter Committee meets monthly and is staffed by the City
Manager and City Attorney. To date they have heard from
manager and mayoral professionals from other communities.
Focus on equity and inclusion
*Adopt a Declaration of Inclusion
*Conduct staff training
*Explore ways to improve our equitable community engagement
*Complete a library collection diversity audit and review collection development guidelines
for new purchase
*Social Equity in Programs: As part of the FY24 budget, discuss increase in scholarship
funding, fundraising efforts to enhance scholarship fund, develop pricing pyramid to allow
for some free programming in each age grouping
All Staff *Declaration of Inclusion was adopted in July 2022
*The City engaged Dr. Mercedes Avila in providing the training
"Structural Competence and Cultural Humility" for all City staff.
This will be completed in December 2022.
*Staff applied for and was accepted into the State's IDEAL
program (https://racialequity.vermont.gov/ideal-vermont)
* Library used direct ARPA funds to do an audit and to use that
audit in moving our collections towards inclusion. Use of
collections will be monitored towards enhanced publicity and
display as needed.
*Planning Commission and Council approved submittal of
Vermont Municipal Planning Grant request to create an Equity
Framework for planning projects
Modernize the City's Personnel Policies and Practices
*Update Personnel Handbook
*Focus on recruitment and retention to better reflect our community
*Complete a wage classification and market rate study
*Focus on onboarding, orientation, and cross-department collaboration
*Institute an annual review process and Staff Development Program with staff input
HR and All
Departments
*On hold pending a new HR Director
*Library has initiated a new orientation checklist based on new
employee feedback.
Strategically align our Capital Improvement Plan to community objectives and current
infrastructure upgrades needed by creating a scoring system, applying realistic funding
goals, and better communicating plan
All
Departments
In part accomplished with the proposed FY24 CIP.
Develop a process for handling requests for speed studies, traffic counts, stop signs, traffic
calming and related requests. Ensure that the process is transparent and equitable.
DPW, Planning
& Zoning
Traffic request process is being developed with Stantec as the
consultant.
Consider establishing or joining a Communications Union District to improve broadband
services
City Manager,
Legal
Voters approved on Election Day in November
Partnering with surrounding communities on implementation
Determine the City's short (1-3 years) to medium (3-5 years) term data and GIS needs and
determine how best to implement for our staff and residents
All Staff Proposal is in the FY24 Budget
City of South Burlington
FY23 Policy Priorities & Strategies
Approved: August 15, 2022
Core Municipal Services and Administration
Role of City Manager and Leadership Team Update
(December 2022)"This is how we are accomplishing this vision."
Report #1 (December 5, 2022)
Consider lenses with which City decisions are made (climate, equity, fiscal/affordability,
sustainability, and others)
City Manager
and All
Not yet started
Complete a utility rate study to ensure our wastewater and drinking water rates can
appropriately fund the required maintenance of our existing system and can pay for future
capital needs.
DPW Work on a rate study was initiated and data collection is
underway.
Complete project to review the City's municipal ordinances and modernize All
Departments
On hold pending executive team staffing and Council priorities
Complete project to put land records online City Clerk Make the land records available for research from outside city
hall. Will be for a fee to help protect both citizen's privacy as well
as keep the revenue stream for the city.
Develop and implement a Fire/EMS Strategic Plan Fire Strategic planning session scheduled for spring 2023.
Consider increasing the size of the Planning Commission for consideration on Town Meeting
Day 2023
City Manager,
City Attorney
Planning Commission and Charter Committee recommended not
making this change
180 Market St South Burlington, VT 05403 802-846-4105
December 5, 2022
The following NEW 2022 first and third class liquor licenses, were approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments:
NAME DESCRIPTION Delta Hotels by Marriott Burlington First Class & Third Class Restaurant/Bar License (New Ownership) SOUTH BURLINGTON LIQUOR CONTROL BOARD
Helen Riehle Meagan Emery
Tom Chittenden Tim Barritt
Matt Cota