HomeMy WebLinkAboutAgenda - Planning Commission - 01/10/2023South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.southburlingtonvt.gov
Meeting Tuesday, January 10, 2023
City Hall, 180 Market Street, Auditorium
7:00 pm
Members of the public may attend in person or digitally via Zoom. Participation Options:
In Person: City Hall Auditorium, 180 Market Street
Interactive Online: https://us06web.zoom.us/j/9960639517
Phone: 1 929 205 6099; Meeting ID: 996 063 9517
AGENDA:
1. Welcome, instructions on exiting the building in the event of an emergency (7:00 pm)
2. Agenda: Additions, deletions, or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Announcements and staff report (7:10 pm)
5. Public Hearing on Updates to Environmental Sections of the LDRs (7:20 pm)
a. LDR-22-09 – Updates to Article 12 Environmental Standards, including, but not limited to,
application of modified buffer from Class II wetlands on certain existing residential lots, streamline
administrative permitting process, and remove permitted, human-made steep slopes from
regulation as steep slopes
6. Discussion and possible vote on LDR-22-09, Updates to Environmental Sections of the LDRs (7:40 pm)
7. Update on Comprehensive Plan Review Schedule, Public Outreach, and Committee Input (7:45 pm)
8. Discussion of Future Land Use Map – Details and Priority Development? (8:15 pm)
9. Other Business (8:45 pm)
10. Adjourn (8:50 pm)
Respectfully submitted,
Kelsey Peterson, City Planner
* item has attachments
South Burlington Planning Commission Virtual Meeting Public Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to ensure
that everyone has a chance to speak and that meetings proceed smoothly.
2. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently presenting /
commenting will have their video on.
3. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with
the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask
for public comment.
4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant in sequence.
To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute yourself and verbally
state your interest in commenting, or type a message in the chat.
5. Once recognized by the Chair, please identify yourself to the Commission.
6. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure
everyone is heard and sufficient time is available for Commission to complete the agenda.
7. Please address the Chair. Please do not address other participants or staff or presenters and please do not interrupt others
when they are speaking.
8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint. Indications
of support are most efficiently added to the chat.
9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to allow other
participants to address the Commission before addressing the Commission for a second time.
10. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission
meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission
meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and
influence public opinion on the matter.
11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written
comments will be circulated to the Planning Commission and kept as part of the City Planner's official records of meetings.
Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Email
submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and
Chair at jlouisos@sburl.com.
12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to
the agenda item under discussion. The chat should not be used to private message Commissioners or staff on policy items, as
this pulls people away from the main conversation underway. Messages on technical issues are welcome at any time. The Vice-
Chair will monitor the chat and bring to the attention of Commissioners comments or questions relevant to the discussion. Chat
messages will be part of the official meeting minutes.
13. In general discussions will follow the order presented in the agenda or as modified by the Commission.
14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently focused to help
guide participants.
15. The Commission will try to keep items within the suggested timing published on the agenda, although published timing is a
guideline only. The Commission will make an effort to identify partway through a meeting if agenda items scheduled later in
the meeting are likely not be covered and communicate with meeting participants any expected change in the extent of the
agenda. There are times when meeting agendas include items at the end that will be covered “if time allows”.
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Kelsey Peterson, City Planner
Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: For January 10, 2023 Planning Commission meeting
1. Welcome, instructions on exiting the building in the event of an emergency (7:00 pm)
2. Agenda: Additions, deletions or changes in order of agenda items
3. Open to the public for items not related to the agenda
4. Announcements and staff report
5. Public Hearing on Updates to Environmental Sections of the LDRs
a. LDR-22-09 – Updates to Article 12 Environmental Standards, including, but not limited to,
application of modified buffer from Class II wetlands on certain existing residential lots, streamline
administrative permitting process, and remove permitted, human-made steep slopes from
regulation as steep slopes
This update to the LDRs is intended to change primarily Article 12 change some language to correct
some unintended effects of the adoption of Article 12, to reduce the impact of the expanded wetland buffer on
existing homes and house lots, and remove permitted, human-made steep slopes from regulation as a steep
slope. This update is based on the Planning Commission’s discussion at its July 12, 2022 meeting.
Public Hearing
To date, Staff has received no public comments on the draft amendments. Proposed motions would be as
follows:
“I move to open the public hearing on amendments to the Land Development Regulations numbered
LDR-22-09.”
At the hearing, Staff will highlight the possible change discussed at your last meeting, regarding technical
amendments to Article 12. Following the hearing,
“I move to close the public hearing on amendments to the Land Development Regulations numbered
LDR-22-09.”
Action
The Commission is invited to make changes following the public hearing. The Commission provided edits to Staff
to make to the version of the LDR amendment presented at the previous meeting, which were incorporated into
the warned version of this amendment. After further Staff review and legal review, additional changes have
been proposed. These are incorporated into the versions attached to this packet and are outlined here.
2
• Article 2 – After legal review, the definitions of Very Steep Slope and Steep Slope have been moved to
the definitions section from 12.03, including the human-made slopes portion.
• 12.01(C) – “measured from the ground to the highest point of the fence” has been added, per legal
review. The subsections are restructured slightly.
• 12.01(D) – Wording has been changed to better reflect the intent of this section. The intent is that
projects that otherwise would not be subject to Site Plan, Subdivision, or PUD review would have to
submit a Site Plan and be subject to DRB review as a miscellaneous application. This does not subject
this kind of property to full Site Plan Review if it was not otherwise required. It also does not require Site
Plan Review for any project already subject to review as a Subdivision or PUD.
• 12.03(B) – language related to human-made steep slopes has been removed due to placement of similar
language in Article 2 definitions
• 12.03(D) – Staff went back and forth about the waiver of review for “de minimis” steep slopes. On one
hand, it gives the DRB an option for truly isolated steep slopes that could derail a project. On the other
hand, determination of “de minimis” would fall fully to DRB discretion because it is not (and cannot) be
precisely defined for all circumstances. It falls to the Planning Commission to decide whether or not this
should be included. Additional language changes occurred in this subsection after legal review.
• 12.03(E) – as noted, the definitions were moved to Article 2.
• 12.03(F) – language modified to make clear it only exempts these projects from steep slopes regulation,
not all of Article 12.
• 12.03(F)(4) – language “only for slope stabilization and/or erosion control” has been added to
differentiate between retaining walls used for those environmental purposes and retaining walls
installed to expand usable land area.
• 12.06(B) – some superfluous language has been removed without change to substance.
• 12.06(B)(2)(c) – language has been clarified to remove a possible reading that the wetland buffer would
reduce the size of the lot, instead of the lot line reducing the size of the Class II wetland buffer.
• 14.04(B)(2) – (c) has to be changed for consistency. 12.01(D)(3) now subjects Class II or III wetlands
impacts in City Center to administrative Site Plan Review. 14.04(B)(2)(c) previously stated that the
Administrative Officer did not have the authority to review such development impacts. Now the
Administrative Officer shall review the application unless they choose to refer it to the DRB.
Please find the finalized versions of this LDR amendment attached both as redline and clean versions. If you read
this document electronically, they are bookmarked and you can skip between the versions. These changes do
not require changes to the Planning Commission Report provided at the December meeting.
6. Discussion of possible vote on LDR-22-09, Updates to Environmental Sections of the LDRs
After the closure of the public hearing under Agenda Item 5, the Commission can make additional changes,
make the changes as proposed by Staff and included in this packet, or decide to not approve.
Possible Action: “I move to approve amendments to the Land Development Regulations LDR-22-09 with the
proposed changes presented in this meeting’s packet, to approve the Planning Commission Report, and to
submit both to the City Council.”
7. Comprehensive Plan: Update on Schedule, Public Outreach, and Committee Input
As a quick reminder, our schedule for adoption of the Comprehensive Plan is as follows:
• February – March: Public Outreach Meetings
3
• February – May: Feedback from Committees on Sections
• February – June: Planning Commission Review of Sections
• Mid-June: Full Draft Compiled
• June – August: Planning Commission Review of Full Draft, including continued meetings open to public
• Mid-August: Planning Commission moves Full Draft to Public Hearings
• August – October: Public Hearings at Planning Commission, move to City Council
• October – November: City Council moves Full Draft to Public Hearings
• By December: Adoption of 2024 Comprehensive Plan by City Council
The Comprehensive Plan must be adopted by February 2024, but we are making every effort to have it
adopted by City Council by the beginning of December before the City Council gets into the meat of budget
season.
We have scheduled four geographic meetings: Northwest, Kennedy, Southeast, and Southwest. We have
also scheduled seven topic meetings: Economy, Energy & Climate, Recreation & Culture, Environment,
Transportation, and Community Services. The first six I listed have a closely-related City policy committee; only
Community Services does not. We have set the public meeting schedule for the topic area meetings being held
primarily during the regular meeting times of the relevant policy committees and the geographically focused
meetings to be held on several Thursdays.
It has been the intention of Staff and the Planning Commission to involve both the City’s policy
committees and the Staff Departments in the development and review of the Comprehensive Plan as we move
through this process. The schedule for the public meetings reflects this intention.
Please plan to attend at least one of the public meetings on topic or geographic areas. Please also spread the
word to your family, friends, and other community members to encourage additional participation at these
meetings.
After the public meetings, the policy committees have between a week and a few weeks to get their
feedback to Staff, reflecting both their opinions and their takeaways from the public meetings. Those deadlines
fall with enough time for Staff to incorporate them into draft section(s) relevant to those areas that are included
in a Planning Commission packet in advance of a Planning Commission meeting. The Planning Commission will
then review and discuss the draft sections, provide feedback to staff, and brainstorm possible measurable
objectives. The Committees will then have additional time, either a meeting or two meetings, to provide
additional feedback to staff, including their suggestions for measurable objectives. Please see the graphic below
for the generalized schedule for Committee feedback, Staff drafting, and Planning Commission review.
4
•February or March
•Listening Session for comments from public
•Hosted by Committee and/or Staff and professionally facilitated
Public Meeting
•Approximately 1-2 weeks from Public Meeting
•Committee writes and provides feedback on topic area, incorporating
public input from listening session
•Staff drafts section incorporating Committee feedback and public input
Committee Feedback
•Approximately 1-2 weeks from Committee Feedback
•Initial review of draft section, including any desired edits
•Discussion of any additional policies or statments to be included in the
narrative
Planning Commission Review
•Likely at March and/or April Committee meetings
•Committee will receive draft section for review
•Discussion of possible measurable objectives for topic area and/or City
overall
Additional Committee Feedback
•March or April, depending on topic
•Review of updated draft section(s)
•Review of possible measurable objectives
Second Planning Commission Review
•By June
•Staff compiles and coordinates full draft
•Provided to Planning Commission by mid-June
Full Draft
5
The schedule for the Public Meetings is set, primarily on existing Committee meeting dates and selected
Thursdays:
Topic: COMMUNITY SERVICES - Thursday, February 2
Topic: ECONOMY – Tuesday, February 7 [rescheduled Economic Development Committee meeting]
Topic: ENERGY & CLIMATE - Wednesday, February 8 [Energy Committee]
Neighborhood: Northwest – Thursday, February 9
Topic: RECREATION & CULTURE – Monday, February 13 [Recreation & Parks Committee regular meeting
– including Public Art and Common Areas for Dogs]
Neighborhood: Kennedy Drive – Thursday, February 16
Topic: ENVIRONMENT – Wednesday, March 1 [Natural Resources Committee]
Topic: TRANSPORTATION – Wednesday, March 8 [Bike/Ped Committee]
Neighborhood: Southeast – Thursday, March 9
Topic: HOUSING – Wednesday, March 15 [Affordable Housing Committee]
Neighborhood: Southwest – Thursday, March 16
The meeting schedule for the Planning Commission review of sections relevant to these topic areas has multiple
topics on each meeting agenda, both for initial review and for review of updates and objectives:
Topic Neighborhood
February 14 Community Services
February 28 Energy Northwest
Kennedy Drive
March 14 Economy
Recreation & Culture
March 28 Environment
Transportation
April 11 Housing Southeast
Southwest
April 23 Updates and Possible Objectives
for Energy, Economy,
Transportation, and Community
Services
May 9 Updated Environment, Housing,
and Recreation & Culture
May 23 Future Land Use Map Updated Neighborhoods
June 13 Review of Full Comp Plan
June 27 Continue Review of Full Comp Plan
As you can see, this schedule is tight. The Planning Commission needs to keep review of the sections moving
forward as you get drafted sections from Staff.
6
Discussion at this meeting:
The Policy Committees are providing feedback on questions, key topics, and areas for discussion in their relevant
public meetings/listening sessions. For the Planning Commission:
• What questions or topics should be raised during these meetings?
• On what questions or topics would you like to encourage discussion for the different geographic areas?
• On what questions or topics would you like to encourage discussion for the Community Services
meeting?
8. Comp Plan: Discussion of Future Land Use Map – Details and Priorities?
Paul will have some draft maps to show the Planning Commission at the meeting showing the current
conservation areas (Habitat Blocks, NRP, Article 12, etc.), currently built areas, currently unbuilt areas, and
others to continue the discussion about where additional development should be prioritized in the upcoming
Comprehensive Plan.
9. Meeting Minutes: December 12, 2022
10. Other Business (8:45 pm)
11. Adjourn (8:50 pm)
ARTICLE 2 DEFINITIONS
2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard Purposes
* * *
2.02 Specific Definitions
* * *
Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of the front,
rear, or side of a building.
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit,
or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont
Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow
Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or
redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration
projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to
meet the required pollutant reductions in a TMDL.
Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a
combination thereof, or the detachment and movement of soil or rock fragments.
Establishment. An economic unit, generally at a single physical location, where business is conducted or
services or industrial operations are performed.
* * *
Steep Slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and 25%
containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and
previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not
be considered, and are excepted from the definition of, “steep slopes”.
Steep Slopes, Very. Any land formation, aside from individual rocks, with a calculated slope of over 25%
containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and
previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not
be considered, and are excepted from the definition of, “very steep slopes”.
ARTICLE 2 DEFINITIONS
2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard Purposes
* * *
2.02 Specific Definitions
* * *
Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of the front,
rear, or side of a building.
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit,
or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont
Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow
Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or
redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration
projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to
meet the required pollutant reductions in a TMDL.
Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a
combination thereof, or the detachment and movement of soil or rock fragments.
Establishment. An economic unit, generally at a single physical location, where business is conducted or
services or industrial operations are performed.
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit,
or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont
Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow
Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or
redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration
projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to
meet the required pollutant reductions in a TMDL.
* * *
Steep Slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and 25%
containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and
previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not
be considered, and are excepted from the definition of, “steep slopes”.
Steep Slopes, Very. Any land formation, aside from individual rocks, with a calculated slope of over 25%
containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and
ARTICLE 2 DEFINITIONS
previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not
be considered, and are excepted from the definition of, “very steep slopes”.
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South Burlington Land Development Regulations
14 SITE PLAN and CONDITIONAL USE REVIEW
14.01 General Purpose
14.02 Definition of Site Plan
14.03 Uses and Actions Subject to Site Plan Review
14.04 Authority for Review of Site Plans
14.05 Application Review Procedure
14.06 General Review Standards
14.07 Specific Review Standards
14.08 [reserved]
14.09 [reserved]
14.10 Conditional Use Review: General Provisions and Standards
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
14.01 General Purpose
It is the purpose of this Article to regulate site development plans in order to advance high-quality built
environments in the City. Site plan and conditional use standards are intended to ensure safe, accessible, and
ecologically and environmentally sound site design and layout, efficient use of land, safe access and egress for
all users, energy efficiency, and context-sensitive design.
The site plan review processes and the conditional use review process will allow the City of South Burlington
to review the arrangement, layout, use interrelationships and neighborhood complementation of sites
intended for development or redevelopment and to ensure the aesthetic quality of such design to conform to
the planned character of the neighborhood and the balance of goals of the comprehensive plan.
14.02 Definition of Site Plan
As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to specifications
contained in this article. The site plan shall show the arrangement, layout, and design of the proposed use of
a single parcel or assembled parcels of land.
14.03 Uses and Actions Subject to Site Plan Review
A. Site Plan Approval Required. Site plan approval shall be required prior to issuance of a zoning permit
in all districts, except as provided in subsection B, for:
(1) Outside of the City Center FBC District:
(a) Any new use, change in use, or expansion of use in any district.
(b) Uses subject to conditional use permit approval. See Section 14.10 below.
(c) Any alteration or change to an approved site plan.
(d) New parking lots or expansions of existing parking lots.
(e) Any structure formerly used as a residence proposed for conversion to non-residential use.
(f) Any planned unit development. See Article 15, Planned Unit Development, for specific
regulations.
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South Burlington Land Development Regulations
(g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington
Sign Ordinance.
(2) Within the City Center FBC District:
(a) Any alteration or change to an approved site plan.
(b) Any new structure, or addition to, replacement of, or reduction to a structure.
(c) New parking lots or expansions to existing parking lots
(d) Any change in use from a non-residential to a residential use or vice-versa.
(e) Landscape feature signs, as set forth in the South Burlington Sign Ordinance.
B. Excluded from Site Plan Review. Specifically excluded from the provisions of this article are:
(1) One-family dwelling on a single lot, its accessory structures, and related features such as decks, pools,
sheds, and detached garages.
(2) Two-family dwelling on a single lot, its accessory structures, and related features such as decks, pools,
sheds, and detached garages.
(3) Agricultural, horticultural, and silvicultural uses exempt from local review pursuant to 24 VSA 4413.
(4) Minor alterations to a site, such as the addition or bicycle racks or pads, electric vehicle charging stations,
mailboxes, not exceeding forty (40) square feet in area each, provided that the applicant provide a mark-
up to the Administrative Officer at the time of Zoning Permit application and such alterations do not
interfere with access, safety, or circulation on the site. All such alterations must be indicated on the any
subsequent applications that involve an amendment to the Site Plan.
(5) Renovations that are one hundred percent (100%) internal to an existing building or structure.
(6) Exterior renovations to an existing building or structure that do not increase, alter or otherwise modify
the outer envelope of said building or structure, except where architectural standards apply.
(7) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks, except where the
cumulative disturbance exceeds the thresholds established in Section 13.05 (stormwater management)
are exceeded.
(8) Repairs to existing swimming pools.
(9) Fences and walls as provided in these Land Development Regulations.
(10) Any clearance of scrub or brush not including trees, plants or shrubs approved as part of a planting
plan for site plan approval. Removal of any trees of caliper greater than 5” shall require site plan approval.
See also Section 13.06 (I) for maintenance and responsibility for landscaping improvements.
14.04 Authority for Review of Site Plans
A. Authority, Development Review Board (DRB). The DRB has the authority under these Regulations
and 24 V.S.A. § 4414 and § 4416 to:
(1) Review and approve, approve with modifications or conditions, or disapprove an application for a site
plan under the standards of these Regulations.
(2) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4464, and Section
17.08 of these Regulations as required prior to the recording of a subdivision plat.
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South Burlington Land Development Regulations
(3) Modify a dimensional requirement under this Article or the Table of Dimensional Standards (Appendix C).
(a) The DRB may modify a dimensional requirement under this Article or the Table of Dimensional
Standards (Appendix C) subject to conditions, if it finds that due to physical site limitations,
including Hazards or Level I Resources, or other legal or development constraints specific to
the land to be subdivided, including the lack of existing or planned connecting facilities or
services adjacent to or in proximity to the subdivision:
(i) The requirement is not necessary to ensure public health, safety and welfare;
(ii) The proposal modification is demonstrated to better meet the purposes of this Section,
the applicable zoning district, and the Comprehensive Plan; and,
(iii) The modification or waiver is the minimum necessary to afford relief and represents the
least deviation from the standards and requirements of these Regulations.
The DRB in granting a modification or waiver under this section may impose conditions which,
in its judgment, are necessary and appropriate to mitigate any adverse effects, and to ensure
compliance with the above standards of review.
(b) Limitations. In granting a modification, In no case shall the DRB permit:
(i) the location of a new structure less than five (5) feet from any property boundary;
(ii) land development creating a total site coverage exceeding the allowable limit for the
applicable zoning district in the case of new development;
(iii) increasing the coverage on sites where the pre-existing condition exceeds the applicable
limit;
(iv) an increase in residential density above the allowed maximum in the applicable zoning
district, outside of review as Planned Unit Development (Article 15C), Inclusionary Zoning (Section
18.01) or via a Transfer of Development Rights (Article 19); or,
(v) the location of parking not in compliance with Section 14.06 (A)(2).
(c) All requests for modification must be submitted in conjunction with the application for site
plan. The DRB, in granting a modification under this section, may impose conditions that in its
judgment are necessary and appropriate to meet the objectives or to mitigate the adverse impacts of
any modified or waived requirement.
B. Authority, Administrative Review.
The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4416 and § 4464 to
Review and approve, approve with modifications or conditions, or disapprove an application for a site plan
under the standards of these Regulations.
(1) All areas except within the City Center Form Based Code District. All determinations of eligibility for
administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative
Officer shall not approve administrative amendments to master plans, subdivisions, or variances. The
Administrative Officer may review, approve, approve with conditions, or disapprove administrative
amendments to site plans involving a principal permitted use, site plans involving an approved conditional
Note! A Planned Unit Development (PUD) under Article 15C should be considered for more innovative
types of planned development that incorporate modifications in layout, density and design intended to
meet specific community objectives.
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South Burlington Land Development Regulations
use, site plans of planned unit developments, site plans for land development related to stormwater
management regulated in Section 13.05, site plans for specific types of land development as regulated in the
Environmental Protection Standards (Article 12), site plans for land development related to the development
of an Environmental Restoration Project, if the proposed amendment meets one or more of the following
criteria:
(a) Relocation of site improvements and/or accessory structures that have been previously approved,
provided that such relocations do not alter the approved coverage for the site.
(b) Re-approval of plans if a permit issued by the Development Review Board has expired within the
preceding six months and no changes or alterations of any kind are proposed, including those outlined in
(d) below.
(c) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that
such adjustments do not require the amendment of any condition of approval in the most recent findings
of fact.
(d) Minor alterations to an approved landscaping plan such as substitution of appropriate similar
species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in
the amended plan is equal to or exceeds the amount approved by the Development Review Board.
(e) An increase in building area and/or impervious coverage totaling less than five thousand (5,000)
square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised
that the cumulative total increase in building area and/or site coverage cumulatively permitted through
all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three
percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall
be required for any amendment exceeding these limits.
(f) All coverage and other limitations pursuant to these regulations shall apply in determining
whether an administrative amendment shall be approved.
(g) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to Setback
and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974).
(h) Changes in use of all or part of a building or structure with prior site plan approval to a permitted use
in the applicable zoning district, provided the proposed use, whether solely or in combination with other uses
subject to the same approval, will not result in any permitting requirement or threshold being exceeded or
violated.
(2) Within City Center Form Based Code District. The Administrative Officer shall review all applications
except:
(a) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line Adjustments);
(b) Applications involving new proposed public rights-of-way, parks, or other land proposed to be
deeded to the City of South Burlington;
(c) Requests for development within any of the water or wetlands resources identified within Article
12 of these Regulations that have been referred to the Development Review Board by the Administrative
Officer under Section 12.01D(3);
(d) Applications for development within Areas of Special Flood Hazard; or
(e) Where specifically stated in these Regulations.
C. Review Period. Where site plan review by the Development Review Board or Administrative Officer
is required, the Development Review Board or the Administrative Officer shall act to approve or disapprove
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any such site plans within the time required by applicable state law. Failure to so act within said period shall
be deemed approval. Copies of the Development Review Board or Administrative Officer’s decision, along
with findings of fact, shall be sent to the applicant.
14.05 Application Review Procedure
A. Pre-Submission Meeting Prior to a formal submission, the applicant should meet in person with the
Administrative Officer and other City officials as desired to discuss the proposed site plan. The intent of such
a conference is to enable the applicant to inform the Department of Planning and Zoning of the proposal prior
to the preparation of a detailed site plan and for said Department to review the basic site design concept,
advise the applicant as to potential problems and concerns, and to determine generally the type of
information to be shown on and submitted with the site plan.
B. Submission. A site plan generally shall be prepared by a registered architect, licensed landscape
architect, licensed land surveyor, licensed engineer, or professional land planner. The site plan shall be
submitted to the Administrative Officer.
C. Combined Review & Decisions
(1) Integration of Procedures. Except within the City Center Form Based Code District, there may be
applications where the particular circumstances of a proposed development require compliance with
other procedures in these regulations, such as conditional use permit review. In such cases, the
Development Review Board shall integrate site plan review as required by this article with the other
procedural and/or submission requirements. Such integration of procedures may require, upon mutual
written consent of the Development Review Board and the applicant, reasonable modification of the time
schedules otherwise stated in this article or in said related regulations or requirements.
(2) Combined Decision for Conditional Uses. Where a conditional use permit is required, the Development
Review Board shall make the determination on the conditional use permit and on the site plan permit
required for the conditional use and shall issue one (1) set of findings of fact pertaining to both.
(3) Combined Administrative Review and Zoning Permit. Where a decision issued by the Administrative
Officer contains no conditions requiring modifications to plans or supplemental submissions, the
Administrative Officer may issue any required zoning permit concurrently with the decision.
D. Application for Site Plan. See Appendix E, Submission Requirements.
E. Development Review Board / Administrative Officer Action.
(1) Outside of the City Center FBC District:
(a) The Development Review Board or Administrative Officer shall review the site plan application,
pursuant to Section 14.04. The DRB shall review the application against the site plan criteria in this Article
14 and any other applicable standards in these Regulations. If the DRB determines that the site plan and
supporting material fail to demonstrate compliance with applicable standards, it shall disapprove the site
plan. However, if it further determines that with a minor modification or modifications the site plan and
supporting material would comply with applicable standards, the DRB may, in its discretion, impose a
condition or conditions requiring such modification or modifications and approve the site plan. For the
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purpose of this section, a minor modification is one that leaves no part of its implementation to the
discretion of the applicant.
(2) Within the City Center FBC District:
(a) The Administrative Officer or Development Review Board shall review the site plan application,
pursuant to Section 14.04.
(b) For all applications, except those which meet one or more of the criteria listed in Section 14.09(B)(1-
9), an application shall be deemed complete only after all the following actions have been completed by
the applicant:
(i) Participation in a pre-application meeting with staff of the Department of Planning & Zoning;
(ii) Submission of all required information (see Appendix E);
(iii) Demonstration of proof that applicant delivered to each of the adjoining landowners notice
of the application in accordance with Section 17.06 of these Regulations, and, at a minimum the
following information:
(I) A project description and contact information provided by the Administrative Officer;
(II) A site plan for the property on a paper size no less than 11” x 17”, and;
(III) Invitation to an applicant-sponsored informational and input meeting;
(iv) Posting of a notice of the proposed project on a form with project description provided by the
Administrative Officer within view from the public right-of-way most nearly adjacent to the property
for which the application is made;
(v) Demonstration of proof that the applicant held an applicant-sponsored information and
feedback meeting, by, at a minimum, providing a copy of summary notes from meeting. The purpose
of this meeting is to give residents the opportunity to provide input and feedback to the applicant.
Applicants are encouraged to make modifications to the application based on this feedback, so long
as such modifications comply with these Regulations. Such meeting shall consist, at a minimum, of:
(I) Notice of said meeting no less than seven (7) days in advance to all parties required
within this section;
(II) Said meeting shall be held in an ADA-accessible public building in the City of South
Burlington;
(III) Said meeting shall be held at a time that is convenient to the public ( a weekday
evening or Saturday), and;
(IV) Said meeting shall include an overview of the project by the applicant, an opportunity
for all members of the public in attendance to offer oral input, and acceptance of any written
input;
(vi) The expiration of fifteen (15) days following receipt of the proof of delivery of notification of
the application to adjoining landowners as described in this section, and;
(vii) Issuance of a written statement from the Department of Public Works and Fire Department
regarding compliance with these regulations.
(c) The applicant may make revisions to an application following initial submittal.
(i) Where the Administrative Officer determines that the revisions do not alter the overall
description of the project, or that the revisions reduce the scale of the project, no new notification
and no new applicant-sponsored information and input meeting shall be required. However, pursuant
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to 24 VSA §4448, the Administrative Officer shall have 30 days from the date that the applicant
submits all revisions to the application to act with regard to the application.
(ii) Where the Administrative Officer determines that the changes do alter the overall description
of the project, all requirements of this section 14.05(E)(2) shall be met anew.
(d) The Administrative Officer shall review the application against the site plan criteria in this Article 14,
site plan, and the applicable BES in Article 8 and any other applicable standards in these Regulations,
except as stated within this Article or within Article 8, City Center Form Based Code District.
(e) Where tasks, actions and responsibilities are assigned to the Development Review Board, such tasks,
actions, authorities, and responsibilities shall be administered by the Administrative Officer unless
specifically assigned to the Development Review Board within the City Center FBC District.
(f) If the Administrative Officer determines that the site plan and supporting material fail to demonstrate
compliance with applicable standards, she/he shall disapprove the site plan. However, if she/he further
determines that one or more minor modifications would bring the site plan and supporting material into
compliance with applicable standards, the Administrative Officer may, in her/his discretion, impose a
condition or conditions requiring such modification or modifications and approve the site plan. For the
purpose of this section, a minor modification is one that leaves no part of its implementation to the
discretion of the applicant.
(g) Any appeal of the Administrative Officer’s action shall be done in accordance with the appeals process
for Administrative Officer actions in these Regulations and applicable State law.
(3) Upon approval, the applicant shall provide the approved plan in digital form to the Department of
Planning and Zoning. A copy of the Development Review Board's decision and findings of fact, shall be sent to
the applicant and recorded in the City Clerk's office.
F. Waiver of Application Requirements. The Development Review Board shall have the authority to,
when reasonable, waive any application requirements for site plan approval. Any such waiver may be
exercised in the event any such requirements are 1) found not to be requisite in the interest of public health,
safety, or general welfare or 2) inappropriate to a particular site plan because of the particular character or
limited nature of a new development or change in use or conditions peculiar to a site or 3) will cause
extraordinary and unnecessary hardship.
G. Expiration of Approval. See Section 17.04.
H. Field Changes and As-Built Plans
(1) Field Changes
(a) During construction, the Administrative Officer may authorize or require, in writing, at his/her own
determination or upon the request of the applicant, minor adjustments to a site plan which does not
affect the substance of the site plan approval. Such minor adjustments shall be consistent with the
intent of the approved site plan. All determinations of eligibility for field changes are subject to the
discretion of the Administrative Officer.
(b) Where conditions are encountered which constitute a material change to an approved site plan or
where the developer otherwise wishes to modify the approved site plan, an amendment to the
approval shall be filed with the Development Review Board or Administrative Officer for review in
accordance with procedures required for such applications.
(2) As-Built Plans
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(a) Upon completion of any development or redevelopment pursuant to an approved final site plan
involving field changes as set forth in (1) above, and prior to the issuance of a certificate of occupancy
by the Administrative Officer, the applicant shall submit to the Administrative Officer as-built plans in
paper and digital form, prepared and certified by a licensed engineer, architect, landscape architect
or surveyor, showing the location of all site improvements as constructed.
(b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance
with the approved site plan, including any field changes authorized under subsection 1(a) above. The
Administrative Officer shall indicate compliance with the Land Development Regulations by signature,
and shall file with the Department of Planning and Zoning.
I. Technical or Consultant Review of Site Plans. See Section 17.08, Development Review Board.
J. Bonding Requirements. The owner or developer shall provide a performance bond, escrow account,
or letter of credit in accordance with Sections 15.15 and 15.16 of these Regulations.
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards shall be
used by the Development Review Board in reviewing applications for site plan approval. They are intended to
provide a framework within which the designer of the site development is free to exercise creativity,
invention, and innovation while improving the visual appearance of the City of South Burlington. The
Development Review Board shall not specify or favor any particular architectural style or design or assist in
the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself
to a reasonable, professional review, and, except as otherwise provided in the following subsections, the
applicant shall retain full responsibility for design.
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas.
The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the
street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street
and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building
foundations relate to the site’s topography and grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within
the area proposed for development.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
(2) Parking:
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(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public
street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board shall
approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow
for parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and parking needs
cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the
following criteria:
(I) The lot is located in an approved subdivision where the parking on each lot in the
subdivision is proposed to be located between the building or buildings on each lot and the public
street so that a significant greenspace surrounded by buildings may be incorporated similar to a
college campus style “quad”, as detailed below.
(II) The parking on any lots that include a part of the greenspace shall be aligned in a similar
fashion so that the buildings are located between the greenspace and the parking and so that the
parking is located between the buildings and the public street to maintain the integrity and
continuity of the greenspace.
(III) The minimum required total area of the greenspace shall be 150,000 square feet. For
purposes of this subsection 14.07(B) (2)(b)(vi), “greenspace” shall be defined as a consolidated
and continuous landscaped area located across more than two lots in the approved subdivision,
similar in nature to a common open space, largely surrounded by buildings, but shall not include
building or impervious parking areas. The greenspace may extend between buildings, but shall
not extend beyond the building line of the principal building on each lot that includes a portion of
the greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees, plantings,
wetlands, and gardens, and may include impervious landscape features, such as path networks,
sculptures, gazebos, water features, footbridges, sitting areas, stone walls, and other features and
amenities that may be built within and throughout the greenspace in order to create a more
attractive and enjoyable environment. The area of the greenspace shall be calculated by
measuring and adding the portion of the total greenspace defined on the site plan for each lot in
the approved subdivision that includes a portion of the greenspace.
(vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space
Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed
in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s)
on the lot;
(I) In order to further reduce the likelihood of such conflicts, this exception to the general
requirements for parking is only available when the uses of the lot(s) are limited to:
1. Distribution and related storage
2. Light manufacturing
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3. Manufacturing
4. Processing and Storage
5. Warehousing and Distribution
(II) The parking shall be limited as follows:
1. No more than 25% of the total parking on the lot shall be located between a public
street and the building(s);
2. Parking shall be predominantly screened from the roadway with landscaping
features, and separated from the roadway’s sidewalks or multi-use paths by one or more of
the following Qualifying Open Spaces (as defined in Article 11.B, except for the location
standards which are superseded by this subsection): Pocket/Mini Park; Wooded area;
Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this Open
Space shall be sufficient to (1) create or extend a pleasant pedestrian experience on the
adjacent public sidewalk or recreation path, (2) largely screen parking from the street right-
of-way, and (3) provide for additional usable open space on the parcel. The open space shall
represent a minimum of 35% of the total square footage of the parking spaces (not including
circulation infrastructure) proposed to be located in front of the building.
3. The minimum required landscaping budget established by the Development Review
Board pursuant to Section 13.04 shall increase by a percentage that is equivalent to the
percentage of the total parking that is proposed to be located between a public street and
the building(s) on a lot. Of this total increased landscaping budget, the percentage that must
be dedicated to installation of landscaping in the front yard shall be equivalent to the
percentage of the total parking that is proposed to be located between a public street and
the building(s) (e.g., if the minimum required landscaping budget before any increase was
$100,000, and if 10% of the total parking for the lot is proposed to be located between a
public street and the building(s), then the minimum required landscaping budget shall
increase by 10%, for a new total landscaping budget of $110,000, and no less than 10% of the
new total landscaping budget, or $11,000, must be dedicated to installation of landscaping in
the front yard).
4. The applicant shall construct a safe, paved pedestrian access from the street to the
building’s main entrance.
5. The parking layout and circulation shall not interfere with safe pedestrian access
from the street to the building’s main entrance.
(viii) The building, or a portion thereof, being served by the parking area is contained
within the Security Identification Display Area of a publicly-owned and operated airport.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any street
frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to
14.07(B)(2)(b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of the
building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts
an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front
adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient
landscaping to screen the parking from view of the Interstate.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or anticipated adjoining buildings.
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B. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials and
architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens
and visual interruptions to create attractive transitions between buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and
roads in the vicinity that have a visual relationship to the proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation of
principal buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features that
define neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and
back yard areas through context sensitive design.
C. Site Amenity Requirement
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This
section does not apply to projects within the City Center FBC District (which are governed by Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to residential
use.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross floor
area.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if
the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is
accessible by the general public and located within five-hundred (500) feet of at least one pedestrian
access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable
connection” shall not include or require crossing a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some
but not all the buildings on the lot have pedestrian access points located within five-hundred (500)
feet of the Civic Space or public park, as described in Section 14.06(D)(4), above.
(b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area.
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14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
A. Environmental Protection Standards. All proposed development shall be subject to the applicable
requirements of Article 12, Environmental Protection Standards.
B. Site Design Features. All proposed development shall comply with standards for the placement of
buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other
applicable standards related to site design pursuant to these Land Development Regulations.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the standards
contained therein.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City
Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent
sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the
applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit
requirements for additional upgrades as necessary to meet the requirements of these Regulations.
G. Access to Abutting Properties. The reservation of land may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
or collector street, to provide additional access for emergency or other purposes, or to improve general access
and circulation in the area.
H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground insofar as feasible and subject to state public utilities regulations. Any utility installations
remaining above ground shall be located so as to have a harmonious relation to neighboring properties and
to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met.
I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for
use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or
screened.
14.08 [reserved]
14.09 [reserved]
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14.10 Conditional Use Review: General Provisions and Standards
A. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
B. Definition of Conditional Use. A conditional use shall be defined as a use permitted in a particular
zoning district upon showing that such use in a specified location will comply with all the general and specific
standards for the location or operation of the use as specified in these regulations and as authorized by the
Development Review Board. Uses requiring a conditional use permit are listed in Table C-1, Table of Uses. In
granting approval for a conditional use, the Development Review Board may attach such additional,
reasonable conditions and safeguards as it may deem necessary to implement the purposes of these
regulations.
C. Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall be
required prior to issuance of a zoning permit in all districts where such uses are listed as conditional uses in
the District Regulations. Any alteration, extension or other change to an existing conditional use shall require
review under the requirements of this section.
D. Review and Approval Procedure. A use designated as a conditional use in any district may be
permitted by the Development Review Board, after public notice and public hearing, according to the
following procedures:
(1) Any conditional use shall be either:
(a) subject to site plan review, except as provided for in Section 14.03(B), and therefore reviewed
under the requirements of Article 14, Site Plan and Conditional Use Review; or,
(b) subject to planned unit development review and therefore reviewed under the requirements
of Article 15, Planned Unit Development; or,
(c) subject to conditional use review only for a conditional use that within or deemed a single or
two-family dwelling.
(2) The Development Review Board may require submission of plans, data, or other information in addition
to the requirements of Article 14, as it deems necessary.
(3) The Development Review Board shall act to approve or disapprove a requested conditional use within
forty-five (45) days after the close of the final public hearing held under this section, and failure to so act
shall be deemed approval.
(4) In approving a conditional use, the Development Review Board may attach additional requirements as it
may deem necessary to implement the provisions of the South Burlington Comprehensive Plan and these
regulations.
E. General Review Standards. The Development Review Board shall review the proposed conditional
use for compliance with all applicable standards as contained in these regulations. The proposed conditional
use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district within
which the project is located, and specifically stated policies and standards of the municipal plan.
(a) A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit
dwellings may not be denied solely due to an undue adverse effect on the character of the area affected.
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(3) Traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
(5) Utilization of renewable energy resources.
F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only
one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for
more than six (6) months for any reason, unless an umbrella approval has been granted.
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
A. Parking garages. Review of such use shall include a review of the proposed structure's aesthetics and
potential off-site impacts including but not limited to lighting, traffic, and circulation.
B. Drive-Through Facilities
(1) Applicability. Drive-through facilities are prohibited in all districts except where specifically provided for
in Article 8 (Form Based Code) and Appendix C – Table of Uses.
(2) Supplemental Standards. Where permitted, and in addition to any design, building, or placement
requirements within these Regulations, applications for a drive-through facility shall be subject to the
following supplemental requirements:
(a) Compliance with Traffic Overlay District provisions, if applicable.
(b) Compliance with an approved access management plan providing for curb cut consolidation and
secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length
and aisle width.
C . Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. A service station
that is a primary use on its lot may be allowed to have a convenience store as an accessory conditional use,
subject to the following:
(1) The proposed convenience store shall be an accessory use located on the same lot as primary use service
station.
(2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-packaged foods
for personal or household consumption.
(3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000) square feet.
(4) Location of primary use. The service station shall have a minimum street frontage of one hundred (100)
feet on an arterial road.
(5) Hours of operation. The consumer convenience center shall be accessory to the primary use and as such
shall be open for business during the same hours as the pumping operation of the service station.
(6) Parking. Where parking is located near a residential district boundary, the applicant shall provide
landscaping, and/or fencing or screening in the mandatory setback.
(7) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that the
proposed lighting plan will adequately light the store exterior and related parking area and will not shed
light onto abutting residentially zoned land.
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D. Gasoline Filling Stations/Service Stations. No new gasoline filling stations or service stations shall be
permitted within one thousand (1,000) linear feet in any direction from the property boundaries of an existing
gasoline filling station or service station.
E. Processing and Storage.
(1) Hours of operation, including hours of truck delivery or pick-up activities, shall be limited by the DRB
consistent with the character of the adjacent neighborhood and proximity to residential areas and
residentially-zoned lands.
(2) The DRB shall have the authority to limit the total square footage that may be devoted to processing and
storage on any lot or within any one building to ensure compatibility with adjacent land uses.
F. Alteration of Existing Grade
(1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or
other similar material in an amount equal to or greater than twenty (20) cubic yards, except when
incidental to or in connection with the construction of a structure on the same lot, shall require the
approval of the Development Review Board. The Development Review Board may grant such approval
where such modification is requested in connection with the approval of a site plan, planned unit
development or subdivision plat. This section does not apply to the removal of earth products in
connection with a resource extraction operation (see Section 14.11(G), Earth Products.)
(2 ) Standards and Conditions for Approval.
(a) The Development Review Board shall review a request under this Section for compliance with the
standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations.
An application under this section shall include the submittal of a site plan, planned unit development or
subdivision plat application showing the area to be filled or removed, and the existing grade and proposed
grade created by removal or addition of material.
(b) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(i) Duration or phasing of the permit for any length of time.
(ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
ii) Provision of a suitable bond or other security in accordance with Section 15.A.20 adequate to
assure compliance with the provisions of these Regulations.
(iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of
Structures.
G. Earth Products
(1) General Requirements. The conduct of a resource extraction operation that involves the removal of
loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with
the construction of a building on the same lot, shall be permitted in any district, except as limited by the
Environmental Resource Protection Standards and Interstate Highway Overlay District, subject to site plan
approval by the Development Review Board after public notice.
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(2) Review Authority. Notwithstanding any other provisions within these Regulations, applications under
this Section 14.11(G) shall be reviewed by the Development Review Board in all Zoning Districts and the
City Center FBC District.
(3) Exemption. The provisions of this section shall not apply to the removal of earth products from an
operating farm, nursery, cemetery, or stormwater facility previously approved by the Development
Review Board or Administrative Officer, to the extent that such removal is necessary to the operation of
same.
(4) Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within
one (1) calendar year period shall include the submittal of a site plan showing the area from which earth
products are to be removed. Also, the application shall include specific information pertaining to the
following factors and such other information as the Development Review Board may require. At minimum,
the following information shall be required:
(a) Depth of excavation, in proximity to roads or adjacent properties.
(b) Existing grade and proposed grade created by removal of material.
(c) Effect upon public health and safety.
(d) Creation of a nuisance.
(e) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
(f) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on
public ways.
(g) Erosion potential due to removal of vegetative cover.
(5) Conditions of Approval. The Development Review Board, in granting its approval, may impose
conditions on the following:
(a) Duration of the permit for any length of time that the Development Review Board deems
appropriate.
(b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
(c) Hours of operation, routes of transportation, and amount of material to be removed.
(d) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure
compliance with the provisions of these Regulations.
(6) Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation of
earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the
level of the water table or will interfere with the natural flow patterns or reduce the flood storage
capacity.
H. Accessory Dwelling Units Supplemental Allowance
An Accessory Dwelling Unit (ADU), or portion thereof that is proposed to be within the required setback
applicable to a single family home may be approved as a Conditional Use, subject to the following:
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(1) The ADU must comply with all provisions of Section 3.11 (Accessory Dwelling Units) except setback
standards;
(2) The ADU shall only be situated where an accessory structure on the lot may be placed;
(3) The ADU, and any portion thereof, must not exceed 15’ in height;
(4) The ADU must not exceed 600 s.f. gross floor area;
(5) The principal entry to the ADU must not be oriented a side or rear lot line; and,
(6) The proposed encroachment of the ADU must not have an undue adverse affect on:
(a) views of adjoining and/or nearby properties;
(b) access to sunlight of adjoining and/or nearby properties; and,
(c) privacy of adjoining and/or nearby properties.
I. Seasonal Mobile Food Units
Seasonal mobile food units shall be subject to site plan review and the following requirements:
(1) A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from
the Vermont Department of Health.
(2) A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16) people.
Temporary outdoor seating shall be placed directly on the ground with no foundation or underlying
structure.
(3) A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00
am.
(4) A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall be
removed from the property at the expiry of its permit under these regulations.
(5) A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations.
(6) Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the South
Burlington Police Department, South Burlington Fire Department, and South Burlington Department of
Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has,
created unsafe vehicular or pedestrian traffic conditions adjacent to the property.
(7) A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months, from
April 1 to October 31, after which time it expires.
(8) A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the request
of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of the
permit and these regulations have been met to date and in the previous year’s operation of the seasonal
mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar
year.
(9) Any modifications to an approved site plan shall require an amendment as required by these Regulations.
(10) A seasonal mobile food unit shall be exempt from Section 10.01, Traffic Overlay District, of these
regulations.
(11) Notwithstanding any other provisions within these Regulations, applications under this 14.11(H)
assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the
City Center FBC District.
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J. Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary
hospitals
(1) All outdoor exercise areas shall be fully enclosed and screened on all sides.
(2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am.
(3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a
residential district or existing residential use, the required side or rear setback for the outdoor exercise
facilities shall be sixty-five (65) feet from the residential or residentially-zoned property. A strip not less
than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense
evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted
within the fifteen (15) foot wide buffer area.
(4) Runoff from any exercise facility shall not drain to any stream or public right-of-way without treatment.
K. Self Storage in the Mixed Commercial-Industrial (CI) District within Transit Overlay District
(1) General Requirements. In the Commercial-Industrial District, where such district is also within the Transit
Overlay District, the Development Review Board may grant site plan approval for a self-storage facility,
according to the following regulations.
(2) Specific Standards:
(a) The facility shall be clearly secondary to a permitted principal use in this district
(b) The facility shall not occupy more than 20% of the gross floor area of the principal use
(c) The facility shall only be accessible through an interior entrance
(d) Access to storage units shall only be available during business hours, with an employee on site.
L. Auto & Motorcycle Sales, Limited
(1) General Requirements: An auto & motorcycle service and repair business may be granted approval from
the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at
one time for sale to the public, in accordance with the following requirements:
(2) Specific Requirements:
(a) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed
five (5) total; and,
(b) No vehicles for sale may be parked in any other location on the property.
M. Food Hubs
(1) Specific standards
(a) Processing activities at the food hub location shall be limited to non-mechanized packaging,
provided it is subordinate to the distribution activities.
(b) Storage is permissible for terms of less than 30 days.
(c) Butchering or killing of livestock shall not be permitted within the designated food hub area.
(d) A food hub may be host to- with no greater frequency than once per week- a farmer’s market
without additional municipal review or permitting.
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(e) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites
shall be counted towards the minimum landscaping budget as 150% of every dollar planted.
(2) Permitting
(a) Facilities under 5,000 GFA may be reviewed under Section 14.04(B), Administrative Review.
(b) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14
of these Regulations.
N. Limited Neighborhood Commercial Use
The purpose of this use is to promote small, context-sensitive, limited and architecturally relevant commercial
uses in walking distance to a residential neighborhood. While these uses may service a broader geography
and limited pass-by traffic, these uses are intended to be easily accessible by walking from the majority of the
Planned Unit Development in which the use is located.
(1) Applicability.
(a) As permitted in Appendix C.
(b) The proposed use shall only be approved as part of a new or amended master plan of 50 dwelling
units or more.
(2) General Standards
The proposed use shall be complimentary to and integrated within the Planned Unit Development. To
ensure this, as part of master plan approval or amendment the DRB may impose additional conditions on
the use with respect to:
(a) Traffic and vehicular access;
(b) Maximum parking;
(c) Enhanced pedestrian circulation and access;
(d) Additional landscaping to serve the use beyond minimum requirements.
(3) Specific standards
(a) Location
(i) The use shall be located so as to be easily accessible to the Planned Unit Development via
sidewalks or multi-use paths.
(ii) New buildings associated with the use shall be located such that traffic is not increased
through the majority of the Planned Unit Development in which it is located. It should not divide
existing residential areas, unless the Board finds during initial master plan approval that a central
location best serves the Planned Unit Development.
(iii) Hours of use shall be limited to 6 am to 10 pm.
(b) Size and Scale. The use is restricted:
(i) In all R1, R2, R4, QCP, SEQ and Lakeshore Districts, to one building, with a footprint
no larger than 6,000 SF; To two stories or a total building height of 28 feet; and to 5,000 SF GFA per
use.
(ii) In all other zoning Districts, to one building and to not more than 6,000 s.f. for all
uses.
(iii) Uses ancillary to the proposed use which are fully below grade will not count towards
the maximum use size. Ancillary uses may include administrative office space, storage space and
mechanical space, provided they serve the principal use.
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(c) Specific use of space. The following may be permitted as part of the Limited Neighborhood
Commercial Use:
(i) Restaurant
(ii) Retail sale of groceries- predominantly food with some related household goods
(iii) Personal instruction
(iv) Child care
(v) Artist production studio
(d) Drive throughs are expressly prohibited.
(e) Items listed in Subsection (3)(c)(i)-(v) may not be permitted as part of the Limited Neighborhood
Commercial Use where such uses already exist within one-half mile of the proposed Limited
Neighborhood Commercial Use.
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14 SITE PLAN and CONDITIONAL USE REVIEW
14.01 General Purpose
14.02 Definition of Site Plan
14.03 Uses and Actions Subject to Site Plan Review
14.04 Authority for Review of Site Plans
14.05 Application Review Procedure
14.06 General Review Standards
14.07 Specific Review Standards
14.08 [reserved]
14.09 [reserved]
14.10 Conditional Use Review: General Provisions and Standards
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
14.01 General Purpose
It is the purpose of this Article to regulate site development plans in order to advance high-quality built
environments in the City. Site plan and conditional use standards are intended to ensure safe, accessible, and
ecologically and environmentally sound site design and layout, efficient use of land, safe access and egress for
all users, energy efficiency, and context-sensitive design.
The site plan review processes and the conditional use review process will allow the City of South Burlington
to review the arrangement, layout, use interrelationships and neighborhood complementation of sites
intended for development or redevelopment and to ensure the aesthetic quality of such design to conform to
the planned character of the neighborhood and the balance of goals of the comprehensive plan.
14.02 Definition of Site Plan
As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to specifications
contained in this article. The site plan shall show the arrangement, layout, and design of the proposed use of
a single parcel or assembled parcels of land.
14.03 Uses and Actions Subject to Site Plan Review
A. Site Plan Approval Required. Site plan approval shall be required prior to issuance of a zoning permit
in all districts, except as provided in subsection B, for:
(1) Outside of the City Center FBC District:
(a) Any new use, change in use, or expansion of use in any district.
(b) Uses subject to conditional use permit approval. See Section 14.10 below.
(c) Any alteration or change to an approved site plan.
(d) New parking lots or expansions of existing parking lots.
(e) Any structure formerly used as a residence proposed for conversion to non-residential use.
(f) Any planned unit development. See Article 15, Planned Unit Development, for specific
regulations.
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(g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington
Sign Ordinance.
(2) Within the City Center FBC District:
(a) Any alteration or change to an approved site plan.
(b) Any new structure, or addition to, replacement of, or reduction to a structure.
(c) New parking lots or expansions to existing parking lots
(d) Any change in use from a non-residential to a residential use or vice-versa.
(e) Landscape feature signs, as set forth in the South Burlington Sign Ordinance.
B. Excluded from Site Plan Review. Specifically excluded from the provisions of this article are:
(1) One-family dwelling on a single lot, its accessory structures, and related features such as decks, pools,
sheds, and detached garages.
(2) Two-family dwelling on a single lot, its accessory structures, and related features such as decks, pools,
sheds, and detached garages.
(3) Agricultural, horticultural, and silvicultural uses exempt from local review pursuant to 24 VSA 4413.
(4) Minor alterations to a site, such as the addition or bicycle racks or pads, electric vehicle charging stations,
mailboxes, not exceeding forty (40) square feet in area each, provided that the applicant provide a mark-
up to the Administrative Officer at the time of Zoning Permit application and such alterations do not
interfere with access, safety, or circulation on the site. All such alterations must be indicated on the any
subsequent applications that involve an amendment to the Site Plan.
(5) Renovations that are one hundred percent (100%) internal to an existing building or structure.
(6) Exterior renovations to an existing building or structure that do not increase, alter or otherwise modify
the outer envelope of said building or structure, except where architectural standards apply.
(7) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks, except where the
cumulative disturbance exceeds the thresholds established in Section 13.05 (stormwater management)
are exceeded.
(8) Repairs to existing swimming pools.
(9) Fences and walls as provided in these Land Development Regulations.
(10) Any clearance of scrub or brush not including trees, plants or shrubs approved as part of a planting
plan for site plan approval. Removal of any trees of caliper greater than 5” shall require site plan approval.
See also Section 13.06 (I) for maintenance and responsibility for landscaping improvements.
14.04 Authority for Review of Site Plans
A. Authority, Development Review Board (DRB). The DRB has the authority under these Regulations
and 24 V.S.A. § 4414 and § 4416 to:
(1) Review and approve, approve with modifications or conditions, or disapprove an application for a site
plan under the standards of these Regulations.
(2) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4464, and Section
17.08 of these Regulations as required prior to the recording of a subdivision plat.
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(3) Modify a dimensional requirement under this Article or the Table of Dimensional Standards (Appendix C).
(a) The DRB may modify a dimensional requirement under this Article or the Table of Dimensional
Standards (Appendix C) subject to conditions, if it finds that due to physical site limitations,
including Hazards or Level I Resources, or other legal or development constraints specific to
the land to be subdivided, including the lack of existing or planned connecting facilities or
services adjacent to or in proximity to the subdivision:
(i) The requirement is not necessary to ensure public health, safety and welfare;
(ii) The proposal modification is demonstrated to better meet the purposes of this Section,
the applicable zoning district, and the Comprehensive Plan; and,
(iii) The modification or waiver is the minimum necessary to afford relief and represents the
least deviation from the standards and requirements of these Regulations.
The DRB in granting a modification or waiver under this section may impose conditions which,
in its judgment, are necessary and appropriate to mitigate any adverse effects, and to ensure
compliance with the above standards of review.
(b) Limitations. In granting a modification, In no case shall the DRB permit:
(i) the location of a new structure less than five (5) feet from any property boundary;
(ii) land development creating a total site coverage exceeding the allowable limit for the
applicable zoning district in the case of new development;
(iii) increasing the coverage on sites where the pre-existing condition exceeds the applicable
limit;
(iv) an increase in residential density above the allowed maximum in the applicable zoning
district, outside of review as Planned Unit Development (Article 15C), Inclusionary Zoning (Section
18.01) or via a Transfer of Development Rights (Article 19); or,
(v) the location of parking not in compliance with Section 14.06 (A)(2).
(c) All requests for modification must be submitted in conjunction with the application for site
plan. The DRB, in granting a modification under this section, may impose conditions that in its
judgment are necessary and appropriate to meet the objectives or to mitigate the adverse impacts of
any modified or waived requirement.
B. Authority, Administrative Review.
The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4416 and § 4464 to
Review and approve, approve with modifications or conditions, or disapprove an application for a site plan
under the standards of these Regulations.
(1) All areas except within the City Center Form Based Code District. All determinations of eligibility for
administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative
Officer shall not approve administrative amendments to master plans, subdivisions, or variances. The
Administrative Officer may review, approve, approve with conditions, or disapprove administrative
amendments to site plans involving a principal permitted use, site plans involving an approved conditional
Note! A Planned Unit Development (PUD) under Article 15C should be considered for more innovative
types of planned development that incorporate modifications in layout, density and design intended to
meet specific community objectives.
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use, site plans of planned unit developments, site plans for land development related to stormwater
management regulated in Section 13.05, site plans for specific types of land development on a steep slopeas
regulated in the Environmental Protection Standards (ArticleSection 12.03,), site plans for land development
related to the development of an Environmental Restoration Project, if the proposed amendment meets one
or more of the following criteria:
(a) Relocation of site improvements and/or accessory structures that have been previously approved,
provided that such relocations do not alter the approved coverage for the site.
(b) Re-approval of plans if a permit issued by the Development Review Board has expired within the
preceding six months and no changes or alterations of any kind are proposed, including those outlined in
(d) below.
(c) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that
such adjustments do not require the amendment of any condition of approval in the most recent findings
of fact.
(d) Minor alterations to an approved landscaping plan such as substitution of appropriate similar
species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in
the amended plan is equal to or exceeds the amount approved by the Development Review Board.
(e) An increase in building area and/or impervious coverage totaling less than five thousand (5,000)
square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised
that the cumulative total increase in building area and/or site coverage cumulatively permitted through
all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three
percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall
be required for any amendment exceeding these limits.
(f) All coverage and other limitations pursuant to these regulations shall apply in determining
whether an administrative amendment shall be approved.
(g) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to Setback
and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974).
(h) Changes in use of all or part of a building or structure with prior site plan approval to a permitted use
in the applicable zoning district, provided the proposed use, whether solely or in combination with other uses
subject to the same approval, will not result in any permitting requirement or threshold being exceeded or
violated.
(2) Within City Center Form Based Code District. The Administrative Officer shall review all applications
except:
(a) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line Adjustments);
(b) Applications involving new proposed public rights-of-way, parks, or other land proposed to be
deeded to the City of South Burlington;
(c) Requests for development within any of the water or wetlands resources identified within Article
12 of these Regulations; that have been referred to the Development Review Board by the Administrative
Officer under Section 12.01D(3);
(d) Applications for development within Areas of Special Flood Hazard; or
(e) Where specifically stated in these Regulations.
C. Review Period. Where site plan review by the Development Review Board or Administrative Officer
is required, the Development Review Board or the Administrative Officer shall act to approve or disapprove
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any such site plans within the time required by applicable state law. Failure to so act within said period shall
be deemed approval. Copies of the Development Review Board or Administrative Officer’s decision, along
with findings of fact, shall be sent to the applicant.
14.05 Application Review Procedure
A. Pre-Submission Meeting Prior to a formal submission, the applicant should meet in person with the
Administrative Officer and other City officials as desired to discuss the proposed site plan. The intent of such
a conference is to enable the applicant to inform the Department of Planning and Zoning of the proposal prior
to the preparation of a detailed site plan and for said Department to review the basic site design concept,
advise the applicant as to potential problems and concerns, and to determine generally the type of
information to be shown on and submitted with the site plan.
B. Submission. A site plan generally shall be prepared by a registered architect, licensed landscape
architect, licensed land surveyor, licensed engineer, or professional land planner. The site plan shall be
submitted to the Administrative Officer.
C. Combined Review & Decisions
(1) Integration of Procedures. Except within the City Center Form Based Code District, there may be
applications where the particular circumstances of a proposed development require compliance with
other procedures in these regulations, such as conditional use permit review. In such cases, the
Development Review Board shall integrate site plan review as required by this article with the other
procedural and/or submission requirements. Such integration of procedures may require, upon mutual
written consent of the Development Review Board and the applicant, reasonable modification of the time
schedules otherwise stated in this article or in said related regulations or requirements.
(2) Combined Decision for Conditional Uses. Where a conditional use permit is required, the Development
Review Board shall make the determination on the conditional use permit and on the site plan permit
required for the conditional use and shall issue one (1) set of findings of fact pertaining to both.
(3) Combined Administrative Review and Zoning Permit. Where a decision issued by the Administrative
Officer contains no conditions requiring modifications to plans or supplemental submissions, the
Administrative Officer may issue any required zoning permit concurrently with the decision.
D. Application for Site Plan. See Appendix E, Submission Requirements.
E. Development Review Board / Administrative Officer Action.
(1) Outside of the City Center FBC District:
(a) The Development Review Board or Administrative Officer shall review the site plan application,
pursuant to Section 14.04. The DRB shall review the application against the site plan criteria in this Article
14 and any other applicable standards in these Regulations. If the DRB determines that the site plan and
supporting material fail to demonstrate compliance with applicable standards, it shall disapprove the site
plan. However, if it further determines that with a minor modification or modifications the site plan and
supporting material would comply with applicable standards, the DRB may, in its discretion, impose a
condition or conditions requiring such modification or modifications and approve the site plan. For the
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purpose of this section, a minor modification is one that leaves no part of its implementation to the
discretion of the applicant.
(2) Within the City Center FBC District:
(a) The Administrative Officer or Development Review Board shall review the site plan application,
pursuant to Section 14.04.
(b) For all applications, except those which meet one or more of the criteria listed in Section 14.09(B)(1-
9), an application shall be deemed complete only after all the following actions have been completed by
the applicant:
(i) Participation in a pre-application meeting with staff of the Department of Planning & Zoning;
(ii) Submission of all required information (see Appendix E);
(iii) Demonstration of proof that applicant delivered to each of the adjoining landowners notice
of the application in accordance with Section 17.06 of these Regulations, and, at a minimum the
following information:
(I) A project description and contact information provided by the Administrative Officer;
(II) A site plan for the property on a paper size no less than 11” x 17”, and;
(III) Invitation to an applicant-sponsored informational and input meeting;
(iv) Posting of a notice of the proposed project on a form with project description provided by the
Administrative Officer within view from the public right-of-way most nearly adjacent to the property
for which the application is made;
(v) Demonstration of proof that the applicant held an applicant-sponsored information and
feedback meeting, by, at a minimum, providing a copy of summary notes from meeting. The purpose
of this meeting is to give residents the opportunity to provide input and feedback to the applicant.
Applicants are encouraged to make modifications to the application based on this feedback, so long
as such modifications comply with these Regulations. Such meeting shall consist, at a minimum, of:
(I) Notice of said meeting no less than seven (7) days in advance to all parties required
within this section;
(II) Said meeting shall be held in an ADA-accessible public building in the City of South
Burlington;
(III) Said meeting shall be held at a time that is convenient to the public ( a weekday
evening or Saturday), and;
(IV) Said meeting shall include an overview of the project by the applicant, an opportunity
for all members of the public in attendance to offer oral input, and acceptance of any written
input;
(vi) The expiration of fifteen (15) days following receipt of the proof of delivery of notification of
the application to adjoining landowners as described in this section, and;
(vii) Issuance of a written statement from the Department of Public Works and Fire Department
regarding compliance with these regulations.
(c) The applicant may make revisions to an application following initial submittal.
(i) Where the Administrative Officer determines that the revisions do not alter the overall
description of the project, or that the revisions reduce the scale of the project, no new notification
and no new applicant-sponsored information and input meeting shall be required. However, pursuant
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to 24 VSA §4448, the Administrative Officer shall have 30 days from the date that the applicant
submits all revisions to the application to act with regard to the application.
(ii) Where the Administrative Officer determines that the changes do alter the overall description
of the project, all requirements of this section 14.05(E)(2) shall be met anew.
(d) The Administrative Officer shall review the application against the site plan criteria in this Article 14,
site plan, and the applicable BES in Article 8 and any other applicable standards in these Regulations,
except as stated within this Article or within Article 8, City Center Form Based Code District.
(e) Where tasks, actions and responsibilities are assigned to the Development Review Board, such tasks,
actions, authorities, and responsibilities shall be administered by the Administrative Officer unless
specifically assigned to the Development Review Board within the City Center FBC District.
(f) If the Administrative Officer determines that the site plan and supporting material fail to demonstrate
compliance with applicable standards, she/he shall disapprove the site plan. However, if she/he further
determines that one or more minor modifications would bring the site plan and supporting material into
compliance with applicable standards, the Administrative Officer may, in her/his discretion, impose a
condition or conditions requiring such modification or modifications and approve the site plan. For the
purpose of this section, a minor modification is one that leaves no part of its implementation to the
discretion of the applicant.
(g) Any appeal of the Administrative Officer’s action shall be done in accordance with the appeals process
for Administrative Officer actions in these Regulations and applicable State law.
(3) Upon approval, the applicant shall provide the approved plan in digital form to the Department of
Planning and Zoning. A copy of the Development Review Board's decision and findings of fact, shall be sent to
the applicant and recorded in the City Clerk's office.
F. Waiver of Application Requirements. The Development Review Board shall have the authority to,
when reasonable, waive any application requirements for site plan approval. Any such waiver may be
exercised in the event any such requirements are 1) found not to be requisite in the interest of public health,
safety, or general welfare or 2) inappropriate to a particular site plan because of the particular character or
limited nature of a new development or change in use or conditions peculiar to a site or 3) will cause
extraordinary and unnecessary hardship.
G. Expiration of Approval. See Section 17.04.
H. Field Changes and As-Built Plans
(1) Field Changes
(a) During construction, the Administrative Officer may authorize or require, in writing, at his/her own
determination or upon the request of the applicant, minor adjustments to a site plan which does not
affect the substance of the site plan approval. Such minor adjustments shall be consistent with the
intent of the approved site plan. All determinations of eligibility for field changes are subject to the
discretion of the Administrative Officer.
(b) Where conditions are encountered which constitute a material change to an approved site plan or
where the developer otherwise wishes to modify the approved site plan, an amendment to the
approval shall be filed with the Development Review Board or Administrative Officer for review in
accordance with procedures required for such applications.
(2) As-Built Plans
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(a) Upon completion of any development or redevelopment pursuant to an approved final site plan
involving field changes as set forth in (1) above, and prior to the issuance of a certificate of occupancy
by the Administrative Officer, the applicant shall submit to the Administrative Officer as-built plans in
paper and digital form, prepared and certified by a licensed engineer, architect, landscape architect
or surveyor, showing the location of all site improvements as constructed.
(b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance
with the approved site plan, including any field changes authorized under subsection 1(a) above. The
Administrative Officer shall indicate compliance with the Land Development Regulations by signature,
and shall file with the Department of Planning and Zoning.
I. Technical or Consultant Review of Site Plans. See Section 17.08, Development Review Board.
J. Bonding Requirements. The owner or developer shall provide a performance bond, escrow account,
or letter of credit in accordance with Sections 15.15 and 15.16 of these Regulations.
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards shall be
used by the Development Review Board in reviewing applications for site plan approval. They are intended to
provide a framework within which the designer of the site development is free to exercise creativity,
invention, and innovation while improving the visual appearance of the City of South Burlington. The
Development Review Board shall not specify or favor any particular architectural style or design or assist in
the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself
to a reasonable, professional review, and, except as otherwise provided in the following subsections, the
applicant shall retain full responsibility for design.
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas.
The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the
street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street
and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building
foundations relate to the site’s topography and grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within
the area proposed for development.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
(2) Parking:
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(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public
street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board shall
approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow
for parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and parking needs
cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the
following criteria:
(I) The lot is located in an approved subdivision where the parking on each lot in the
subdivision is proposed to be located between the building or buildings on each lot and the public
street so that a significant greenspace surrounded by buildings may be incorporated similar to a
college campus style “quad”, as detailed below.
(II) The parking on any lots that include a part of the greenspace shall be aligned in a similar
fashion so that the buildings are located between the greenspace and the parking and so that the
parking is located between the buildings and the public street to maintain the integrity and
continuity of the greenspace.
(III) The minimum required total area of the greenspace shall be 150,000 square feet. For
purposes of this subsection 14.07(B) (2)(b)(vi), “greenspace” shall be defined as a consolidated
and continuous landscaped area located across more than two lots in the approved subdivision,
similar in nature to a common open space, largely surrounded by buildings, but shall not include
building or impervious parking areas. The greenspace may extend between buildings, but shall
not extend beyond the building line of the principal building on each lot that includes a portion of
the greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees, plantings,
wetlands, and gardens, and may include impervious landscape features, such as path networks,
sculptures, gazebos, water features, footbridges, sitting areas, stone walls, and other features and
amenities that may be built within and throughout the greenspace in order to create a more
attractive and enjoyable environment. The area of the greenspace shall be calculated by
measuring and adding the portion of the total greenspace defined on the site plan for each lot in
the approved subdivision that includes a portion of the greenspace.
(vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space
Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed
in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s)
on the lot;
(I) In order to further reduce the likelihood of such conflicts, this exception to the general
requirements for parking is only available when the uses of the lot(s) are limited to:
1. Distribution and related storage
2. Light manufacturing
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3. Manufacturing
4. Processing and Storage
5. Warehousing and Distribution
(II) The parking shall be limited as follows:
1. No more than 25% of the total parking on the lot shall be located between a public
street and the building(s);
2. Parking shall be predominantly screened from the roadway with landscaping
features, and separated from the roadway’s sidewalks or multi-use paths by one or more of
the following Qualifying Open Spaces (as defined in Article 11.B, except for the location
standards which are superseded by this subsection): Pocket/Mini Park; Wooded area;
Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this Open
Space shall be sufficient to (1) create or extend a pleasant pedestrian experience on the
adjacent public sidewalk or recreation path, (2) largely screen parking from the street right-
of-way, and (3) provide for additional usable open space on the parcel. The open space shall
represent a minimum of 35% of the total square footage of the parking spaces (not including
circulation infrastructure) proposed to be located in front of the building.
3. The minimum required landscaping budget established by the Development Review
Board pursuant to Section 13.04 shall increase by a percentage that is equivalent to the
percentage of the total parking that is proposed to be located between a public street and
the building(s) on a lot. Of this total increased landscaping budget, the percentage that must
be dedicated to installation of landscaping in the front yard shall be equivalent to the
percentage of the total parking that is proposed to be located between a public street and
the building(s) (e.g., if the minimum required landscaping budget before any increase was
$100,000, and if 10% of the total parking for the lot is proposed to be located between a
public street and the building(s), then the minimum required landscaping budget shall
increase by 10%, for a new total landscaping budget of $110,000, and no less than 10% of the
new total landscaping budget, or $11,000, must be dedicated to installation of landscaping in
the front yard).
4. The applicant shall construct a safe, paved pedestrian access from the street to the
building’s main entrance.
5. The parking layout and circulation shall not interfere with safe pedestrian access
from the street to the building’s main entrance.
(viii) The building, or a portion thereof, being served by the parking area is contained
within the Security Identification Display Area of a publicly-owned and operated airport.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any street
frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to
14.07(B)(2)(b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of the
building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts
an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front
adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient
landscaping to screen the parking from view of the Interstate.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or anticipated adjoining buildings.
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B. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials and
architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens
and visual interruptions to create attractive transitions between buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and
roads in the vicinity that have a visual relationship to the proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation of
principal buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features that
define neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and
back yard areas through context sensitive design.
C. Site Amenity Requirement
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This
section does not apply to projects within the City Center FBC District (which are governed by Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to residential
use.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross floor
area.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if
the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is
accessible by the general public and located within five-hundred (500) feet of at least one pedestrian
access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable
connection” shall not include or require crossing a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some
but not all the buildings on the lot have pedestrian access points located within five-hundred (500)
feet of the Civic Space or public park, as described in Section 14.06(D)(4), above.
(b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area.
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14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
A. Environmental Protection Standards. All proposed development shall be subject to the applicable
requirements of Article 12, Environmental Protection Standards.
B. Site Design Features. All proposed development shall comply with standards for the placement of
buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other
applicable standards related to site design pursuant to these Land Development Regulations.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the standards
contained therein.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City
Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent
sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the
applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit
requirements for additional upgrades as necessary to meet the requirements of these Regulations.
G. Access to Abutting Properties. The reservation of land may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
or collector street, to provide additional access for emergency or other purposes, or to improve general access
and circulation in the area.
H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground insofar as feasible and subject to state public utilities regulations. Any utility installations
remaining above ground shall be located so as to have a harmonious relation to neighboring properties and
to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met.
I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for
use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or
screened.
14.08 [reserved]
14.09 [reserved]
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14.10 Conditional Use Review: General Provisions and Standards
A. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
B. Definition of Conditional Use. A conditional use shall be defined as a use permitted in a particular
zoning district upon showing that such use in a specified location will comply with all the general and specific
standards for the location or operation of the use as specified in these regulations and as authorized by the
Development Review Board. Uses requiring a conditional use permit are listed in Table C-1, Table of Uses. In
granting approval for a conditional use, the Development Review Board may attach such additional,
reasonable conditions and safeguards as it may deem necessary to implement the purposes of these
regulations.
C. Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall be
required prior to issuance of a zoning permit in all districts where such uses are listed as conditional uses in
the District Regulations. Any alteration, extension or other change to an existing conditional use shall require
review under the requirements of this section.
D. Review and Approval Procedure. A use designated as a conditional use in any district may be
permitted by the Development Review Board, after public notice and public hearing, according to the
following procedures:
(1) Any conditional use shall be either:
(a) subject to site plan review, except as provided for in Section 14.03(B), and therefore reviewed
under the requirements of Article 14, Site Plan and Conditional Use Review; or,
(b) subject to planned unit development review and therefore reviewed under the requirements
of Article 15, Planned Unit Development; or,
(c) subject to conditional use review only for a conditional use that within or deemed a single or
two-family dwelling.
(2) The Development Review Board may require submission of plans, data, or other information in addition
to the requirements of Article 14, as it deems necessary.
(3) The Development Review Board shall act to approve or disapprove a requested conditional use within
forty-five (45) days after the close of the final public hearing held under this section, and failure to so act
shall be deemed approval.
(4) In approving a conditional use, the Development Review Board may attach additional requirements as it
may deem necessary to implement the provisions of the South Burlington Comprehensive Plan and these
regulations.
E. General Review Standards. The Development Review Board shall review the proposed conditional
use for compliance with all applicable standards as contained in these regulations. The proposed conditional
use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district within
which the project is located, and specifically stated policies and standards of the municipal plan.
(a) A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit
dwellings may not be denied solely due to an undue adverse effect on the character of the area affected.
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(3) Traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
(5) Utilization of renewable energy resources.
F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only
one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for
more than six (6) months for any reason, unless an umbrella approval has been granted.
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
A. Parking garages. Review of such use shall include a review of the proposed structure's aesthetics and
potential off-site impacts including but not limited to lighting, traffic, and circulation.
B. Drive-Through Facilities
(1) Applicability. Drive-through facilities are prohibited in all districts except where specifically provided for
in Article 8 (Form Based Code) and Appendix C – Table of Uses.
(2) Supplemental Standards. Where permitted, and in addition to any design, building, or placement
requirements within these Regulations, applications for a drive-through facility shall be subject to the
following supplemental requirements:
(a) Compliance with Traffic Overlay District provisions, if applicable.
(b) Compliance with an approved access management plan providing for curb cut consolidation and
secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length
and aisle width.
C . Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. A service station
that is a primary use on its lot may be allowed to have a convenience store as an accessory conditional use,
subject to the following:
(1) The proposed convenience store shall be an accessory use located on the same lot as primary use service
station.
(2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-packaged foods
for personal or household consumption.
(3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000) square feet.
(4) Location of primary use. The service station shall have a minimum street frontage of one hundred (100)
feet on an arterial road.
(5) Hours of operation. The consumer convenience center shall be accessory to the primary use and as such
shall be open for business during the same hours as the pumping operation of the service station.
(6) Parking. Where parking is located near a residential district boundary, the applicant shall provide
landscaping, and/or fencing or screening in the mandatory setback.
(7) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that the
proposed lighting plan will adequately light the store exterior and related parking area and will not shed
light onto abutting residentially zoned land.
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D. Gasoline Filling Stations/Service Stations. No new gasoline filling stations or service stations shall be
permitted within one thousand (1,000) linear feet in any direction from the property boundaries of an existing
gasoline filling station or service station.
E. Processing and Storage.
(1) Hours of operation, including hours of truck delivery or pick-up activities, shall be limited by the DRB
consistent with the character of the adjacent neighborhood and proximity to residential areas and
residentially-zoned lands.
(2) The DRB shall have the authority to limit the total square footage that may be devoted to processing and
storage on any lot or within any one building to ensure compatibility with adjacent land uses.
F. Alteration of Existing Grade
(1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or
other similar material in an amount equal to or greater than twenty (20) cubic yards, except when
incidental to or in connection with the construction of a structure on the same lot, shall require the
approval of the Development Review Board. The Development Review Board may grant such approval
where such modification is requested in connection with the approval of a site plan, planned unit
development or subdivision plat. This section does not apply to the removal of earth products in
connection with a resource extraction operation (see Section 14.11(G), Earth Products.)
(2 ) Standards and Conditions for Approval.
(a) The Development Review Board shall review a request under this Section for compliance with the
standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations.
An application under this section shall include the submittal of a site plan, planned unit development or
subdivision plat application showing the area to be filled or removed, and the existing grade and proposed
grade created by removal or addition of material.
(b) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(i) Duration or phasing of the permit for any length of time.
(ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
ii) Provision of a suitable bond or other security in accordance with Section 17.15.A.20 adequate
to assure compliance with the provisions of these Regulations.
(iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of
Structures.
G. Earth Products
(1) General Requirements. The conduct of a resource extraction operation that involves the removal of
loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with
the construction of a building on the same lot, shall be permitted in any district, except as limited by the
Environmental Resource Protection Standards and Interstate Highway Overlay District, subject to site plan
approval by the Development Review Board after public notice.
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(2) Review Authority. Notwithstanding any other provisions within these Regulations, applications under
this Section 14.11(G) shall be reviewed by the Development Review Board in all Zoning Districts and the
City Center FBC District.
(3) Exemption. The provisions of this section shall not apply to the removal of earth products from an
operating farm, nursery, cemetery, or stormwater facility previously approved by the Development
Review Board or Administrative Officer, to the extent that such removal is necessary to the operation of
same.
(4) Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within
one (1) calendar year period shall include the submittal of a site plan showing the area from which earth
products are to be removed. Also, the application shall include specific information pertaining to the
following factors and such other information as the Development Review Board may require. At minimum,
the following information shall be required:
(a) Depth of excavation, in proximity to roads or adjacent properties.
(b) Existing grade and proposed grade created by removal of material.
(c) Effect upon public health and safety.
(d) Creation of a nuisance.
(e) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
(f) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on
public ways.
(g) Erosion potential due to removal of vegetative cover.
(5) Conditions of Approval. The Development Review Board, in granting its approval, may impose
conditions on the following:
(a) Duration of the permit for any length of time that the Development Review Board deems
appropriate.
(b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
(c) Hours of operation, routes of transportation, and amount of material to be removed.
(d) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure
compliance with the provisions of these Regulations.
(6) Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation of
earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the
level of the water table or will interfere with the natural flow patterns or reduce the flood storage
capacity.
H. Accessory Dwelling Units Supplemental Allowance
An Accessory Dwelling Unit (ADU), or portion thereof that is proposed to be within the required setback
applicable to a single family home may be approved as a Conditional Use, subject to the following:
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(1) The ADU must comply with all provisions of Section 3.11 (Accessory Dwelling Units) except setback
standards;
(2) The ADU shall only be situated where an accessory structure on the lot may be placed;
(3) The ADU, and any portion thereof, must not exceed 15’ in height;
(4) The ADU must not exceed 600 s.f. gross floor area;
(5) The principal entry to the ADU must not be oriented a side or rear lot line; and,
(6) The proposed encroachment of the ADU must not have an undue adverse affect on:
(a) views of adjoining and/or nearby properties;
(b) access to sunlight of adjoining and/or nearby properties; and,
(c) privacy of adjoining and/or nearby properties.
I. Seasonal Mobile Food Units
Seasonal mobile food units shall be subject to site plan review and the following requirements:
(1) A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from
the Vermont Department of Health.
(2) A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16) people.
Temporary outdoor seating shall be placed directly on the ground with no foundation or underlying
structure.
(3) A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00
am.
(4) A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall be
removed from the property at the expiry of its permit under these regulations.
(5) A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations.
(6) Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the South
Burlington Police Department, South Burlington Fire Department, and South Burlington Department of
Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has,
created unsafe vehicular or pedestrian traffic conditions adjacent to the property.
(7) A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months, from
April 1 to October 31, after which time it expires.
(8) A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the request
of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of the
permit and these regulations have been met to date and in the previous year’s operation of the seasonal
mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar
year.
(9) Any modifications to an approved site plan shall require an amendment as required by these Regulations.
(10) A seasonal mobile food unit shall be exempt from Section 10.01, Traffic Overlay District, of these
regulations.
(11) Notwithstanding any other provisions within these Regulations, applications under this 14.11(H)
assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the
City Center FBC District.
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J. Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary
hospitals
(1) All outdoor exercise areas shall be fully enclosed and screened on all sides.
(2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am.
(3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a
residential district or existing residential use, the required side or rear setback for the outdoor exercise
facilities shall be sixty-five (65) feet from the residential or residentially-zoned property. A strip not less
than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense
evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted
within the fifteen (15) foot wide buffer area.
(4) Runoff from any exercise facility shall not drain to any stream or public right-of-way without treatment.
K. Self Storage in the Mixed Commercial-Industrial (CI) District within Transit Overlay District
(1) General Requirements. In the Commercial-Industrial District, where such district is also within the Transit
Overlay District, the Development Review Board may grant site plan approval for a self-storage facility,
according to the following regulations.
(2) Specific Standards:
(a) The facility shall be clearly secondary to a permitted principal use in this district
(b) The facility shall not occupy more than 20% of the gross floor area of the principal use
(c) The facility shall only be accessible through an interior entrance
(d) Access to storage units shall only be available during business hours, with an employee on site.
L. Auto & Motorcycle Sales, Limited
(1) General Requirements: An auto & motorcycle service and repair business may be granted approval from
the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at
one time for sale to the public, in accordance with the following requirements:
(2) Specific Requirements:
(a) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed
five (5) total; and,
(b) No vehicles for sale may be parked in any other location on the property.
M. Food Hubs
(1) Specific standards
(a) Processing activities at the food hub location shall be limited to non-mechanized packaging,
provided it is subordinate to the distribution activities.
(b) Storage is permissible for terms of less than 30 days.
(c) Butchering or killing of livestock shall not be permitted within the designated food hub area.
(d) A food hub may be host to- with no greater frequency than once per week- a farmer’s market
without additional municipal review or permitting.
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(e) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites
shall be counted towards the minimum landscaping budget as 150% of every dollar planted.
(2) Permitting
(a) Facilities under 5,000 GFA may be reviewed under Section 14.04(B), Administrative Review.
(b) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14
of these Regulations.
N. Limited Neighborhood Commercial Use
The purpose of this use is to promote small, context-sensitive, limited and architecturally relevant commercial
uses in walking distance to a residential neighborhood. While these uses may service a broader geography
and limited pass-by traffic, these uses are intended to be easily accessible by walking from the majority of the
Planned Unit Development in which the use is located.
(1) Applicability.
(a) As permitted in Appendix C.
(b) The proposed use shall only be approved as part of a new or amended master plan of 50 dwelling
units or more.
(2) General Standards
The proposed use shall be complimentary to and integrated within the Planned Unit Development. To
ensure this, as part of master plan approval or amendment the DRB may impose additional conditions on
the use with respect to:
(a) Traffic and vehicular access;
(b) Maximum parking;
(c) Enhanced pedestrian circulation and access;
(d) Additional landscaping to serve the use beyond minimum requirements.
(3) Specific standards
(a) Location
(i) The use shall be located so as to be easily accessible to the Planned Unit Development via
sidewalks or multi-use paths.
(ii) New buildings associated with the use shall be located such that traffic is not increased
through the majority of the Planned Unit Development in which it is located. It should not divide
existing residential areas, unless the Board finds during initial master plan approval that a central
location best serves the Planned Unit Development.
(iii) Hours of use shall be limited to 6 am to 10 pm.
(b) Size and Scale. The use is restricted:
(i) In all R1, R2, R4, QCP, SEQ and Lakeshore Districts, to one building, with a footprint
no larger than 6,000 SF; To two stories or a total building height of 28 feet; and to 5,000 SF GFA per
use.
(ii) In all other zoning Districts, to one building and to not more than 6,000 s.f. for all
uses.
(iii) Uses ancillary to the proposed use which are fully below grade will not count towards
the maximum use size. Ancillary uses may include administrative office space, storage space and
mechanical space, provided they serve the principal use.
14-20
South Burlington Land Development Regulations
(c) Specific use of space. The following may be permitted as part of the Limited Neighborhood
Commercial Use:
(i) Restaurant
(ii) Retail sale of groceries- predominantly food with some related household goods
(iii) Personal instruction
(iv) Child care
(v) Artist production studio
(d) Drive throughs are expressly prohibited.
(e) Items listed in Subsection (3)(c)(i)-(v) may not be permitted as part of the Limited Neighborhood
Commercial Use where such uses already exist within one-half mile of the proposed Limited
Neighborhood Commercial Use.
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12 ENVIRONMENTAL PROTECTION STANDARDS
12.01 General Protection Standards and Review Procedures
12.02 Restricted Infrastructure Encroachment
12.03 Steep Slopes
12.04 Habitat Block Overlay District
12.05 Habitat Connector Overlay District
12.06 Wetland Protection Standards and Review Procedures
12.07 River Corridor Overlay District
12.08 Floodplain Overlay District
12.01 General Protection Standards, Classifications and Review Procedures
A. Purpose. It is the purpose of this Article to implement, from a regulatory perspective, the
Comprehensive Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South
Burlington” and objective to “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” in balance with the overall goals and objectives of the Comprehensive Plan.
This Article establishes application requirements and development standards designed to avoid or minimize
undue adverse effects on these natural resources. The natural resources regulated in this article may also be
subject to specific subdivision or planned unit development standards. Where there is conflict between
subdivision or planned unit development standards, and the standards in this article, the standard that
imposes the greater restriction shall apply.
B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and
Level II Resources.
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South Burlington Land Development Regulations
Table 12-01 – Classification of Natural Resources
Location in
Regulations
Initial Identification Field Verification /
HDA
Hazards
Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested
River Corridor except intermittent streams 12.07 ANR Atlas If requested
Class I, II Wetlands, Buffers 12.06 ANR Atlas Required
Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted
Level I Resources
Habitat Block Overlay District 12.04 Habitat Block and
Connectors Overlay
District Map
N/A unless seeking
exchange per Section
12.04
Habitat Connector Overlay District 12.05 Habitat Blocks and
Connectors Overlay
District Map
N/A unless seeking
modification per
12.05
Level II Resources
Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted
Class III Wetlands, Buffers 12.06 ANR Atlas If impacted
Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted
River Corridor - Intermittent Streams 12.07 Site Mapping If impacted
C. Applicability of Standards. All development must comply with the provisions of this Article, unless
otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and
working lands, unless explicitly waived or amended in this section. The following development is exempt from
review under this section:
(1) Construction of fences
a. (i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing
occurred prior to November 10, 2021, or was approved by the DRB in accordance with this Article; or
(ii) that are erected for standard agricultural purposes; or
(iii) that are lower than 4 feet measured from the ground to the highest point of the fence and that
have at least 16 inches of clearance between the lowest horizontal part of the fence and the ground.
b. In all cases, proposed fences must comply with section 13.11 (Fences) of these Regulations.
(2) Exemptions specified elsewhere in these Regulations.
D. Development Review. For applications not otherwise subject to Site Plan Review, Subdivision, or PUD,
all development that may encroach upon a natural resource regulated in Article 12 shall be subject to the
submission requirements for a Site Plan in Appendix E as relevant to documenting the impact on the Article
12 natural resource(s). Such application shall be reviewed by the Development Review Board as a
miscellaneous application.
(2) Steep Slopes Only. When alteration of Steep Slopes and/or Very Steep Slopes (regulated under Section
12.03) is the only encroachment on an Article 12 natural resource, the application shall be subject to
administrative Site Plan Review (Section 14.04), unless the application is for a single-household dwelling, a
two-household dwelling, or an accessory structure to a single-household or two-household dwelling. Such
applications shall be subject to zoning permit review by the Administrative Officer.
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(3) City Center FBC District. All applications involving development in the City Center Form Based Code
District that may impact a Class II or Class III wetland or the required buffer for a Class II or Class III wetland
regulated in Section 12.06 shall be subject to administrative Site Plan Review unless referred to the
Development Review Board for Site Plan Review by the Administrative Officer (Section 14.04).
(4) Stormwater. All applications that solely include development related to stormwater management
(Section 13.05) shall be subject to administrative Site Plan Review (Section 14.04).
12.02 Restricted Infrastructure Encroachment
A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may
be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall
be met in order for an encroachment to be allowed.
B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of
development listed in this subsection:
(1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband,
telephone).
(2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and
neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I Resources,
or Level II Resources.
(3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II Resources
(e.g., designed to minimize disturbance of the subject natural resources).
(4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II Resources
(e.g., designed to minimize disturbance of the subject natural resources).
(5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a finding that
the proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria:
(1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards,
and/or necessary for the protection of the public health, safety and welfare;
(2) Is for a functionally dependent purpose or use;
(3) Is a part of an Environmental Restoration Project;
(4) Is on the Official Map;
(5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area;
or
(6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an
approved use.
D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall
be subject to the development review process outlined in Section 12.01(D).
E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards:
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South Burlington Land Development Regulations
(1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet
all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section
12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04).
(2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects
involving streets and/or driveways not shown on the City Official Map that cross River Corridors (Section
12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04) may be allowed only upon
a determination by the Development Review Board that all resource-specific standards and the following
standards have been met:
(a) There is no feasible alternative for providing safe access to the developable portion of the
property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer or no
constraints exist, property owners have been contacted to discuss locating the street or driveway
on the adjacent property;
(c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic
hardship;
(d) The area served by the encroachment represents more than thirty (30) percent of the total
developable land on the parcel; and,
(e) The encroachment represents the least possible impact to the specific resource (e.g., location with
least adverse impact, designed to minimize disturbance of the resource).
12.03 Steep Slopes
A. Purpose. It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as
mapped and delineated for this purpose, in order to:
(1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water quality.
(2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls, slides,
slumps and other downslope movements of materials or structures.
(3) Maintain and re-establish vegetation on steep slopes to stabilize soils.
(4) Ensure that development on steep slopes is constructed and maintained in conformance with best
management practices for construction, stormwater management and erosion control.
B. Applicability. All development is subject to the standards in this section where steep slopes or very
steep slopes are present.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E. An analysis of slope stability prepared by a
licensed engineer shall also be submitted to ensure that no erosion hazards are created that would have an
undue adverse effect on surface waters, wetlands, areas of special flood hazards, or downstream facilities, and
any recommended mitigation measures
D. Review Process. Per Section 12.01(D), when alteration of Steep Slopes or Very Steep Slopes (regulated
under Section 12.03) is the only encroachment on an Article 12 natural resource, the application shall be
subject to administrative Site Plan Review (Section 14.09), unless the application is for a single-household
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
dwelling, a two-household dwelling, or an accessory structure to a single-household or two-household
dwelling, in which case the application shall be subject to zoning permit review by the Administrative Officer.
The DRB or Administrative Officer, as applicable, shall have discretion to waive review under Section 12.03 of
any area of Very Steep Slopes or Steep Slopes the DRB or Administrative Officer determine to be de minimis
due to its small size and isolation from other Very Steep Slopes or Steep Slopes.
E. Standards.
(1) Very Steep Slope Standards.
a. Development other than Restricted Infrastructure Encroachment is prohibited on very steep
slopes.
(2) Steep Slope Standards.
a. All development must be designed to avoid undue adverse effects on steep slopes which may
include, but are not limited to, undue clearing of vegetation, excavation, and/or filling.
b. All recommendations of the slope stability analysis submitted with the application shall be
required by the DRB or Administrative Officer.
F. Exemptions.
(1) Removal of Earth Products. Steep slopes and very steep slopes created by an approved removal of earth
products use shall be exempt from the regulations of Section 12.03.
(2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the regulations
of Section 12.03.
(3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a lake,
river, or stream through installation of vegetation and other methods that do not include the installation
of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03.
(4) Retaining Walls. Projects that include the installation of new retaining walls only for slope stabilization
and/or erosion control, or the replacement of existing retaining walls, and that are located within the
Residential 1-Lakeshore District, the Lakeshore Neighborhood District, or the Queen City Park District are
exempt from Section 12.03. All other regulations shall still apply.
12.04 Habitat Block Overlay District
A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety
of wildlife species and provide opportunities for some species to access several habitat areas, the City engaged
a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block
Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain
contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and unmanaged
wetlands. Based on the information in that report, the City has designated certain areas permanently as
Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid undue adverse effects
from development on these resources, promote the natural succession of vegetated areas of native vegetation
in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase
infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the
Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) On lots less than one (1) acre in size existing as of November 10, 2021;
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South Burlington Land Development Regulations
(2) On land located within a 50-foot horizontal distance of a principal building existing on the same
parcel as of the effective date of these regulations;
(3) On land authorized by the Development Review Board to be removed from or added to a Habitat
Block pursuant to the modification options of this section or as part of a Conservation Planned
Unit Development.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a
Habitat Disturbance Assessment, the submittal requirements of Section 12.04J shall apply.
D. Modification of Habitat Block. An applicant may request approval from the Development Review
Board to modify a Habitat Block in any of the following manners. An applicant may select any one of the three
modification options below. A development application may not include more than one option for any
application.
Land located within the SEQ-NRP zoning sub-district, Hazards, or Level I Resources, previously approved as
open space or conserved land, subject to a deed restriction prohibiting development, subject to a conservation
or density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District
and designated as a park or conservation parcel shall not be eligible for any of the three options to modify a
Habitat Block.
(1) Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat
Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written request
by the applicant as part of the requisite application. Any proposed reduction in Habitat Block area must
be offset with an equal addition elsewhere within the same subject parcel or Planned Unit Development.
The land to be protected through the modification of the Habitat Block boundary must be contiguous to
the Habitat Block. In no case shall the Development Review Board approve a net reduction of the area of
a Habitat Block.
(2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block
not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for
an equal amount of land within the same Planned Unit Development or Site Plan upon written request,
without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core
Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through
the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block
exchange, the Development Review Board shall require the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for
exchange; and
(b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast
height (dbh) within the exchange area.
(3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block for
the addition of an equal amount of contiguous land within the same Habitat Block upon written request,
and pursuant to the standards of this Section. The exchange of land within the same Habitat Block may
occur within one parcel or on separate parcels.
(a) Supplemental submittal requirements.
(i) Indicate, on the Master Plan and all subsequent plans, all proposed alterations to the Habitat
Block.
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South Burlington Land Development Regulations
(ii) Submit, as part of the preliminary plat application, a Habitat and Disturbance Assessment
(HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards
contained within this subsection.
(b) Supplemental Standards of Review. The Development Review Board may approve a re-
designation of a portion of a Habitat Block if it finds that all of the criteria below are met:
(i) The HDA demonstrates that the alteration will not result in a reduction in the Habitat Block’s
function as a Significant Wildlife Habitat;
(ii) Wildlife movement and connectivity between Habitat Blocks will be retained; and,
(iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must
be designed to have no undue adverse effects on habitat functions; and
(iv) The land that will be added to the Habitat Block is contiguous to the land that will not be
removed from the Habitat Block, such that the modified Habitat Block is a continuous whole
that is not interrupted or separated by roadways, railways, or other impeding infrastructure.
(c) Exchanged Land. Land to be added to the Habitat Block pursuant to this subsection must be
identified on the subdivision plat that is recorded, and in associated legal documents, for the
purposes of subsection 12.04(I), below.
(i) Any land proposed to be added shall be accompanied by a restoration plan, prepared by a
landscape architect, professional wildlife biologist, or equivalent, that will result in the land
functioning as a Significant Wildlife Habitat within a period of ten (10) years and being
classified as transitional forest / forest by a land use / land cover assessment at that time.
E. Substantially-Habitat Block-covered lots. A lot containing a combination of Hazards and Level I
Resources exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat Block standards
in the following manners:
(1) As a Conservation Planned Unit Development, subject to the standards of Section 15.C.05; and,
(2) The applicant is entitled to re-designate a portion of the Habitat Block, to allow for thirty (30) percent
of the total parcel area as Buildable Area. The applicant shall provide a proposed redesignation to the
Development Review Board with land designated as, and added to, the parcel’s Buildable Area in the
following order:
• First: Land not a Hazard or Level I Resource;
• Second: Land that is not characterized by a preponderance of mature trees;
• Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which
would sever a Habitat Connector.
• Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest
extent possible;
(a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one
category is designated as Buildable Area, and the allotment of thirty (30) percent of the total
parcel area has not been reached, then land from the next category shall be selected.
(b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area pursuant
to the priority order above is in conflict with the purposes of this section, or where it finds that
strict adherence to the priority order does not allow for a unified PUD consistent with the
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South Burlington Land Development Regulations
purposes or intent of these regulations, it may approve modifications to the land selected. Any
such modifications shall be minimized in terms of land area and changes to, or reordering, the
priority order.
(c) Any land excluded from Habitat Blocks regulated under this subsection and redesignated as
Buildable Area shall remain subject to all other provisions of these Regulations.
F. Standards for Habitat Block Protection.
1) General standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below,
approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance with Section
12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated
condition. Specifically:
a) The clearing of trees and understory vegetation is prohibited except as specified in this section.
b) The creation of new lawn areas is prohibited.
c) Snow storage areas are prohibited.
d) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building envelopes
shall not contain any land located within Habitat Blocks.
e) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
G. Exempted Uses and Activities. The following uses and activities are exempt from review under this
section:
(1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or
their width prior to adoption of these regulations, whichever is greater;
(2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing
an imminent threat to buildings or infrastructure; and,
(3) Uses and activities enumerated in Section 12.01(C).
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the
Habitat Block and Habitat Connector Overlay Districts Map.
H. Development within Habitat Blocks. The encroachment of new development activities into, and
the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited.
However, the DRB may allow the following types of development within a Habitat Block pursuant to the
standards contained herein:
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
a) The facility shall be strictly limited to the minimum width necessary to function for its intended
purposes;
b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width
necessary for the facility to function for its intended purposes (street tree requirements shall not
apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet
State or Federal law; and,
c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or
elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts.
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South Burlington Land Development Regulations
(2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use are
located outside the Habitat Block.
a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All such
structures must be consistent with the adopted management plan for the park, if one exists.
(3) Research and educational activities, provided any building or structure (including parking and driveways)
appurtenant to such use is located outside the Habitat Block.
a) Research and educational structures not exceeding 500 square feet gross floor area, such as seating
areas made of natural materials, storage sheds, or climbing structures, may be allowed within a
Habitat Block.
I. Habitat Block and Habitat Connector Overlay Districts Map. The approval of a modification
of a Habitat Block pursuant to Section 12.04D, above, or of the exclusion of an area of land from a Habitat
Block pursuant to Section 12.04E, above, shall, without further action, revise the Habitat Block and Habitat
Connector Overlay Districts Map accordingly. After the effective date of these regulations, the Habitat Block
and Habitat Connector Overlay Districts Map may be revised only once for each Substantially-Habitat Block-
Covered lot from which a portion of the land within the Habitat Block has been excluded.
J. Habitat and Disturbance Assessment (HDA)
(1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant
wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject
properties with Habitat Blocks and Habitat Connectors (Section 12.04 and Section 12.05) where an
applicant is seeking to relocate and/or redesignate a portion of the Habitat Block or Habitat Connector.
(2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract
with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development
Review Board shall include the following information:
(a) Site Conditions Map including all Habitat Blocks and Habitat Connectors on or within 200 feet of
the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an
inventory of the specific habitat types found on the parcel and their relative importance to the
various wildlife species that rely on that habitat for one or more life-cycle function;
(c) An assessment of the relationship of the habitat found on the site relative to other significant
wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity
between mapped habitat blocks; is the parcel located contiguous to other significant wildlife
habitat, or part of a habitat block);
(d) Identification of the distance of all proposed development activities (as permitted), including
clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife
habitat and, if significant wildlife habitat is proposed to be disturbed, the total area of disturbance
and the total area of the remaining (undisturbed) habitat;
(e) An assessment of the likely impact of the proposed development, including associated activities
(e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting,
introduction of non-native species for landscaping) on the ecological function of the significant
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South Burlington Land Development Regulations
wildlife habitat found on the site. This shall include an assessment of whether travel between
Core Habitat Block Areas will be disrupted; and
(f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or minimize the
proposed development’s impact on the habitat, including buffers of or from habitat for specific
identified species, possible replacement or provisions for substitute habitats that serve a
comparable ecological function to the impacted habitat, and/or physical design elements to
incorporate into the project.
12.05 Habitat Connector Overlay District
A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors,
allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other
natural resources within and adjacent to the City.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Connectors” on
the Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) Lots of less than one (1) acre existing as of the effective date of these Regulations.
(2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of
the effective date of these regulations.
C. Standards for Protection of Habitat Connectors.
(1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector
Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally
vegetated condition.
(2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat Connector
may be used to count towards the required 150-foot width of the Habitat Connector.
(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
(4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from
its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must
connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be
accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect,
professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan
of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation
supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must
design the relocated Habitat Connector to support the movement of mammal species such as fisher,
bobcat, river otter, mink and coyote within a period of ten (10) years.
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels
where development is proposed and pre-existing conditions consist of Habitat Connectors that are less
than 150 feet in width along the entire length of the Habitat Connector. Restoration must include a
robust planting plan of native tree and shrub species and specific actions to minimize disturbance to
any existing vegetation supporting a habitat function within areas of the Habitat Connector less than
150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a
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South Burlington Land Development Regulations
waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing
structures on the subject parcel.
12.06 Wetland Protection Standards
A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect
wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife
habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their
respective buffers via the standards of this section. The City also intends to provide protection that offers
limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers, and
for Class II wetlands and their respective buffers in specific identified areas of the City.
B. Applicability. All development in the City of South Burlington shall comply with the requirements of
this section. The requirements of this Section will apply to all lands described as follows, collectively referred
to as Wetlands Areas and Related Buffers:
(1) Class I Wetlands and Related Buffers.
(a) In all City Center Form Based Code, Commercial, Industrial and Airport, and Other (Municipal only)
zoning districts (established and defined in Section 3.01), a Class I wetlands buffer area is
measured one hundred (100) feet in horizontal distance from the boundary of the Class I wetland.
(b) In all Residential and Other (except Municipal) zoning districts, as established and defined in
Section 3.01, a Class I wetlands buffer areas is measured two hundred (200) feet in horizontal
distance from the boundary of the Class I wetland.
(2) Class II Wetlands and Related Buffers.
(a) In all City Center Form Based Code, Commercial, Industrial and Airport, and Other (Municipal only)
zoning districts (established and defined in Section 3.01), a Class II wetlands buffer area is
measured fifty (50) feet in horizontal distance from the boundary of the Class II wetland.
(b) In all Residential and Other (except Municipal) zoning districts, as established and defined in
Section 3.01, a Class II wetlands buffer area is measured one hundred (100) feet in horizontal
distance from the boundary of the Class II wetland, except as under (d) below.
(c) For lots less than 0.5 acres existing as of November 10, 2021, approved for or containing a single-
family or two-family dwelling with a lot line that encroaches into the one hundred (100) foot buffer
under (c) above, where the existing lot line encroaches into the buffer the Class II wetland buffer
shall be defined as the existing lot line.
(3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related buffer
areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to
the provisions of this section. Class III wetlands less than 5,000 square feet in size are not regulated by
the City.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E.
(1) Per Section 17.08, the DRB may require independent technical review of any field delineation and
wetlands report.
(2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of
Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in their
review of the application instead of requiring an additional or separate delineation.
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D. Standards for Wetlands Protection.
(1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II
wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their
associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant
may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this
standard per the regulations in Section 12.06(F).
(2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and
associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed,
naturally vegetated condition. The following activities are permissible, however:
(a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section
or to modify this standard where allowable per the regulations in Section 12.06(F).
(i) Approved stormwater management systems that do not meet the definition of a Restricted
Infrastructure Encroachment may incorporate a Class III wetland and its related buffer.
(b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands meeting the
5,000 s.f. threshold) that are incidental to an approved development project are allowed. They are not
required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily
impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the
project.
(c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold)
or its buffer for the purpose of installing underground utilities are not required to meet the standards
in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and
their related buffers shall be returned to their pre-impact state prior to completion of the project.
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of
the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands
buffer that were legally in existence as of the effective date of these regulations shall be considered
non-conforming development. Non-conforming development within a wetlands buffer, may not be
expanded.
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section 12.02
and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider than 24
feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as
reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage.
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E. Exemptions. The following activities are not required to meet the standards in this section and do not
require a local permit:
(1) Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces
located within a wetlands buffer, and that were legally in existence as of the effective date of these
regulations, does not require a permit.
(2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g., non-motorized
or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified by the
Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands, and
their associated buffers, is exempt from these regulations.
(3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons
and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class
II or Class III wetland. All trails located within this buffer area should be constructed to meet the best
practices outlined in the Recreational Trail Building Guidance document developed by the Vermont
Agency of Natural Resources.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of this
section for any development in the following areas only:
(a) Development in a Class II wetland and associated buffer within the Form Based Code Zoning
Districts.
(b) Re-development of a pre-existing garden, landscaped area/lawn, public infrastructure, structure,
and impervious surface within a Class II wetland buffer in any zoning district, provided the re-
developed area is of equal or smaller size.
(c) Installation of low-impact development stormwater practices consistent with wetland functions
and plantings with a Class II or Class III wetland buffer.
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer
within all zoning districts.
(2) Modification Review Process. Modification requests shall be reviewed as follows:
(a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to
review and approve all modification applications as a part of an administrative Site Plan
application.
(b) In all other zoning districts, the Development Review Board shall have the authority to review and
approve all modification applications.
(3) Modification Standards. The Development Review Board or the Administrative Officer, as applicable,
may grant a modification from the rules of this Section only if a modification application meets all the
following standards:
(a) The modification shall be the minimum required to accommodate the proposed development;
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South Burlington Land Development Regulations
(b) The proposed development will not have an undue adverse effect on the planned character of the
area, as defined by the purpose statement of the zoning district within which the project is located,
or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the property
to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland functions
and values identified in the field delineation.
12.07 River Corridor Overlay District (RCO)
A. Purpose. It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to
maintain or reestablish floodplain access and minimize erosion hazards through natural, physical
processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors;
(4) Protect and improve the quality of surface waters and streams within the City of South Burlington;
(5) Provide sufficient space for wildlife habitat along rivers and streams; and,
(6) Provide allowances for infill and redevelopment of designated centers that are within river corridors.
B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a
bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F. District General Provisions.
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying
district, or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the
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South Burlington Land Development Regulations
provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the
stricter provision shall apply.
(2) RCO District Boundaries. The boundaries of the RCO District are as follows:
(a) All River Corridors as published by the Vermont Agency of Natural Resources (including the
Statewide River Corridors and refinements to that data based on field-based assessments which are
hereby adopted by reference).
(b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever
is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash
Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural
Resources.
(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and
streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out
in the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) RCO District – Classification. River Corridors shall be classified in the following manner per Section
12.01:
a. River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II
Resources.
b. All Other River Corridors. River Corridors on all other streams are Hazards.
(4) Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with
respect to the boundaries of the RCO the location of the boundary on the property shall be
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District. The following types of development are prohibited in
the RCO District:
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South Burlington Land Development Regulations
(a) All development, including new structures, structure additions, fill, accessory dwelling units,
and any other development that is not expressly listed as at least one of the Exempted Activities or
Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.
(2) Exempted Activities. The following activities do not require a permit under this section of the bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a
change to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs parallel to
the river is not exempt and shall meet the Development Standards in Section 12.07(I) below), dams,
dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams
that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit,
if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s
“Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by
the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture,
Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm
structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall
contain a sketch of the proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A.
§ 248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance
with 24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to
exceed ten (10) feet in width.
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South Burlington Land Development Regulations
(j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure.
Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure
within the River Corridor in existence as of the effective date of these regulations.
(k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive
species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food
& Markets, within the River Corridor is an exempt from these regulations.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs and the standards of this section.
(a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for
the protection of the public health, safety and welfare.
(b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02
and the standards of this section.
(c) Replacement of on-site septic systems.
H. Development Review Classification & Referral to Outside Agencies
(1) All land development proposed in the River Corridor is subject to review standards outlined in
Section 12.01(D).
(2) Referrals to outside agencies
(a) Upon receipt of a complete application for development in the River Corridor, the
Administrative Officer shall submit a copy of the application and supporting information to the State
National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in
accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from
the Agency, or the expiration of 30 days from the date the application was mailed to the Agency,
whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of
the application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of
30 days from the date the application was mailed to the Vermont Agency of Natural Resources,
whichever is sooner.
I. Development Standards. The criteria below are the minimum standards for development in the RCO
District.
(1) New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.
(2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an
undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally
prohibited. This standard also does not apply to forestry operations or silvicultural (forestry)
activities exempt from local zoning regulation or the removal of trees that are dead, diseased,
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South Burlington Land Development Regulations
heavily damaged by ice storms or other natural events, or identified as an invasive species. The
placing or storing of cut or cleared trees and other vegetation is also prohibited.
(a) Pre-existing Non-conforming Lawn Areas. The following section pertains the applications for
new development on lots with pre-existing non-conforming lawn areas located within the River
Corridor.
(i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on
lots with existing single or two-household dwelling uses, and pre-existing non-conforming
lawn areas in the River Corridor, shall not be required to brought into conformance with
the natural vegetation requirement in these regulations.
(ii) All Other Land Uses. Development on lots with any other land use (beside a single or two-
household dwelling), and that also includes pre-existing non-conforming lawn areas in the
River Corridor, shall only be approved if the applicant removes at least 50% of the pre-
existing non-conforming lawn area within the River Corridor and completes site
remediation. Site remediation shall include re-seeding the subject area with a naturalized
mix of grasses rather than standard lawn grass and returning the area to a natural state
(no mowing).
(3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
in the River Corridor provided the proposed land development conforms with the following
standards:
(a) The facility shall comply with the standards in Section 12.02;
(b) The facility must be located at least twenty five (25) feet from the edge of the channel of the
surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from
the edge of channel of the surface water of all other streams. This standard shall not apply to
the intake of municipal or community water system, or the outfall of a municipal wastewater
treatment or stormwater treatment projects, all of which are functionally dependent upon
access to surface waters. This standard shall also not apply to road crossings, driveway
crossings, public sidewalks and recreation paths (including bridges and boardwalks) intended to
connect parcels and neighborhoods, or provide recreational opportunities, approved under
Section 12.02;
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure; and,
(d) The facility shall comply with Section 12.07(I)(5).
(4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of
the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
landscaping along the border of the River Corridor. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(5) All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed development
will not be any closer to the river than existing adjacent development.
(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
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South Burlington Land Development Regulations
i.Infill Development. Infill development must be located no closer to the channel than the
adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1);
or,
ii.Down River Shadow. Development shall be located in the shadow area directly behind and
further from the channel than the existing structure, or within 50 feet of the downstream side
of the existing habitable structure and no closer to the top of bank or slope, as applicable.
Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
iii.River Corridor Performance Standard. The proposed development shall:
(a) not be placed on land with a history of fluvial erosion damage or that is imminently
threatened by fluvial erosion; and,
(b) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium
conditions; and,
(c) not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
Figure 1: In-fill Development Standard
Figure 2: Shadow Area Development Standard
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South Burlington Land Development Regulations
(d) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis
from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 12.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
12.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the general
public and promote the public trust uses of the water shall include a condition prohibiting the permittee
from actively managing the applicable section of river solely to protect the public water access from lateral
river channel adjustment.
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage
for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
12.08 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax
base, and the extraordinary public expenditures and demands on public services that result from flooding;
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South Burlington Land Development Regulations
(2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished
in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream
corridor;
(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard
mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood
insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and
§4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified
as within the Floodplain Overlay District designated in Section 3.01(B).
C. [reserved]
D. Administration
(1) Floodplain Review. All development in the City of South Burlington located within the Floodplain Overlay
District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other existing zoning
districts. All other requirements of the underlying district shall apply in addition to the provisions herein,
unless otherwise indicated. The Floodplain Overlay District is composed of two areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1-
30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and as depicted on the Natural
Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1
is composed of areas of the 500-year floodplain that are already substantially developed and
where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.
(2) Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer.
If the applicant disagrees with the determination made by the Administrative Officer, a Letter
of Map Amendment from FEMA shall constitute proof that the property is not located within
the Special Flood Hazard Area.
b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative Officer,
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South Burlington Land Development Regulations
the applicant may appeal the determination in accordance with Article 17.
(3) Base Flood Elevations and Floodway Limits.
a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski
River), the base flood elevations and floodway limits (or data from which a community can
designate regulatory floodway limits) provided by the National Flood Insurance Program in
the Flood Insurance Study and accompanying maps shall be used to administer and enforce
the provisions of these regulations.
b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits
have not been provided by the National Flood Insurance Program in the Flood Insurance Study
and accompanying maps, it shall be the responsibility of the applicant to develop the base
flood elevation at the site using data available from state or federal agencies or other sources.
(4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. These regulations shall not create liability on
the part of the City of South Burlington, or any municipal official or employee thereof, for any flood
damages that result from reliance on these regulations, or any administrative decision lawfully made
hereunder.
(5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or
remove the necessity of compliance with any other local, state, or federal laws or regulations. Where
these regulations imposes a greater restriction the provisions here shall take precedence.
(6) Exempted Development. The following types of development are exempt from Floodplain Review.
The following types of development may also still be subject to other standards in the South Burlington
Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be aware
that for damaged structures where FEMA mitigation funds may be used, the damaged
structure may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or
undertaken to conserve the original condition, while compensating for normal wear and tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection
Rule, Chapter 29):
i. State-owned and operated institutions and facilities.
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South Burlington Land Development Regulations
ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with
the Vermont Department of Forests and Parks Acceptable Management Practices for
Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture
Food and Market’s Required Agricultural Practices (RAPs).
iv. Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
(i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not
include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E. Floodplain Review Application Requirements
(1) Application Submission Requirements. All applications for Floodplain Review shall include:
(a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay
District boundaries – all zones), the shortest horizontal distance from the proposed
development to the top of bank of any river, any existing and proposed drainage, any proposed
fill, pre- and post-development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps; and
(b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
(2) Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain
of the Winooski River:
i. New, substantially improved, or substantially damaged structures;
ii. Projects requiring elevation or dry-floodproofing above BFE;
iii. Additions to existing historic structures; and
iv. Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
(b) Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by
FEMA, but no floodway areas have been designated, the applicant shall provide a
floodway delineation that demonstrates that the proposed development, when
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South Burlington Land Development Regulations
combined with all existing and anticipated future development, will not increase the
water surface elevation of the base flood by more than one foot at any point within
the community.
(c) Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
(d) Erosion Control Projects. For projects involving erosion control measures within the floodplain
on Lake Champlain, the applicant shall submit:
i. Renderings or other additional information relevant and necessary to evaluating the
aesthetic or visual impact of the proposed improvement.
ii. A landscaping plan.
(3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific
application requirements when the data or information is not needed to comply with these
regulations.
F. Floodplain Review - Development Review Process. All applications for development in the Floodplain
Overlay District shall be reviewed according to the following procedures:
(1) Referrals.
(a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation. A permit may be issued only following receipt of
comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from
the date the application was mailed to the Vermont Agency of Natural Resources, whichever
is sooner.
(2) Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
i. Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
ii. Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
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South Burlington Land Development Regulations
iii. Open fencing and signs elevated on poles or posts that create minimal resistance to the
movement of floodwater.
iv. Municipal transportation infrastructure improvements designed and constructed by the
Vermont Agency of Transportation that have written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
v. River and floodplain restoration projects, including dam removal, that restore natural
and beneficial floodplain functions and include written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
vi. Improvements or repairs of damage to structures that do not expand the existing
footprint and do not meet the definition of “substantial improvement” or “substantial
damage.”
vii. Accessory structures less than 500 square feet in size in the Floodplain Overlay District
Zones 0.2% B1.
viii. Building utilities.
ix. Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional
applicable standards.
(b) Development Review. All development in the Floodplain Overlay District that cannot be
approved through administrative Floodplain Review shall require Floodplain Review by the
Development Review Board.
(3) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued
for development meeting the standards in Section 12.08(G) and the following the review process
outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all
application materials and fees, the Administrative Officer shall act to either issue or deny a
permit in writing, or to refer the application to the Development Review Board. If the
Administrative Officer fails to act with regard to a complete application for a permit within
the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for
new construction or substantial improvement, in which case a permit shall not be issued until
the Administrative Officer has complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure which
requires the approval of the Development Review Board until such approval has been
obtained. For permit applications that must be referred to a state agency for review, no
permit shall be issued until a response has been received from the State, or the expiration of
30 days following the submission of the application to the State, whichever is sooner.
G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to
ensure that it complies with the following standards:
(1) Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
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South Burlington Land Development Regulations
(b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
(c) New critical facilities;
(d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table, interfere with natural flow patterns, or reduce
flood storage capacity;
(e) Storage or junk yards;
(f) New fill except as necessary to elevate structures above the base flood elevation.
(g) Within the floodway: new encroachments, except for minor improvements to existing structures
or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or
floodplain restoration projects, or health and safety measures. Minor improvements are those
that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk
Reference for Local Officials.
(2) Development in the Floodway. Within the floodway, the following standards apply to all
development:
(a) New encroachments are prohibited within the floodway, except for the following, which also
shall comply with subsection (b) below:
i. New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities,
functionally dependent uses, and river or floodplain restoration projects; and
ii. New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b) For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with standard
engineering practice, by a registered professional engineer, and shall certify that the proposed
development will:
i. Not result in any increase in flood levels during the occurrence of the base flood;
ii. Not increase base flood velocities; and
iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c) For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
(d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.
(3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
(a) All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
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(b) All development shall be designed (I) to minimize flood damage to the proposed development
and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to
flood hazards.
(c) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be
constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. On site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is above
the base flood elevation.
(g) Structures.
i. Residential Structures
a) Residential structures to be substantially improved in Floodplain Overlay District Zones
A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet
above base flood elevation; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate.
b) Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall
be located such that the lowest floor is at least two (2) feet above the average grade
level on-site; this must be documented, in the proposed and as-built condition, with a
FEMA Elevation Certificate. Average grade level means the average of the natural or
exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii. Non-residential Structures. Non-residential structures to be substantially improved, and
new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet
the following standards:
a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
b) Have the lowest floor, including basement, together with attendant utility and sanitary
facilities be designed so that two (2) feet above the base flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
submitted and a licensed professional engineer or architect has certified that the
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
structure has been constructed in accordance with accepted standards of practice for
meeting the provisions of this subsection.
(h) Basements. For all new construction and substantial improvements, fully enclosed areas below
grade on all sides (including below grade crawlspaces and basements) shall be prohibited.
Substantial improvements to existing buildings requires compliance with this section.
(i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully
enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and
subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a
condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such
designs must be certified by a licensed professional engineer or architect, or meet or exceed the
following minimum criteria: A minimum of two openings on two walls having a total net area of
not less than one square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway
limits have not been determined, development shall not be permitted unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated encroachment, will not increase the base flood elevation more than one (1) foot
at any point within the community. The demonstration must be supported by technical data that
conforms to standard hydraulic engineering principles and certified by a licensed professional
engineer.
(k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use.
(l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of
500 square feet or less in gross floor area that represents a minimal investment need not be
elevated to the base flood elevation in this area, provided the structure is placed on a site so as
to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of
12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay
District.
(m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the
definition of substantial damage shall be constructed so that the lowest floor, including
basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade
level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2,
or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1-
30. A critical facility shall have at least one access road connected to land outside the 0.2% annual
chance floodplain that is capable of accommodating emergency services vehicles. The top of the
access road shall be no lower than the elevation of the 0.2% annual chance flood event.
(n) Historic Structures. For historic structures that would meet the definition of substantial
improvement or substantial damage if not for their historic structure designation, the improved
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South Burlington Land Development Regulations
or repaired building shall meet the following mitigation performance standards for areas below
the base flood elevation:
i. Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from
inundation and scour or be easily repaired;
ii. The building foundation shall be structurally sound and reinforced to withstand a base
flood event;
iii. The structure’s historic designation shall not be precluded;
iv. The likelihood of flood waters entering the structure during the base flood is reduced;
and
v. There shall be no expansion of uses below base flood elevation except for parking,
storage, building access, or, in the case of non-residential buildings, where the space
is dry floodproofed.
(o) No Rise Requirement. No encroachment, including fill, new construction, substantial
improvement, or other development, that would result in any increase in flood levels within the
regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless
hydrologic and hydraulic analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the proposed development will: a)
Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and
b) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures
within may be approved by the DRB provided the following standards are met:
i. The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
ii. The improvement will not increase the potential for erosion.
iii. The project will not have an undue adverse effect on the aesthetic integrity of the
lakeshore.
iv. The project shall preserve, maintain and supplement existing trees and ground cover
vegetation to the greatest extent possible.
(4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these
additional standards:
a. All land lying within a River Corridor as defined in these regulations is subject to the standards
of Section 12.07 in addition to the standards of this section.
H. Nonconforming Structures.
(1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or
destroyed may be reconstructed in its original location only if it is rebuilt to comply with all
requirements of the National Flood Insurance Program and these regulations;
(2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are
discontinued for more than 6 months. An abandoned structure shall not be permitted for re-
occupancy unless brought into compliance with these regulations and Section 3.11(G). An abandoned
use shall not be permitted unless brought into compliance with these regulations.
I. Variances.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(1) A variance for development in the Floodplain Overlay District may be granted by the Development Review
Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6.
(2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the
applicant in writing over the signature of a community official that the issuance of a variance to construct
a structure below the base flood elevation increases risk to life and property and will result in increased
flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be
maintained with a record of all variance actions.
J. Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or
substantial improvements to structures in the Floodplain Overlay District.
(1) Upon receipt of the application for a certificate of occupancy, the Administrative Officer shall review the
permit conditions and inspect the premises to ensure that:
ii. All required state and federal permits that have been obtained by the applicant;
iii. All work has been completed in conformance with the zoning permit and associated approvals; and
iv. All required as-built documentation has been submitted to the Administrative Officer (e.g. updated
FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built
floodway encroachment analysis).
K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action
related to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the
following procedures:
(1) The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative
Officer for development that is not in conformance with this section.
(2) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a
declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood
insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as
amended.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
12 ENVIRONMENTAL PROTECTION STANDARDS
12.01 General Protection Standards and Review Procedures
12.02 Restricted Infrastructure Encroachment
12.03 Steep Slopes
12.04 Habitat Block Overlay District
12.05 Habitat Connector Overlay District
12.06 Wetland Protection Standards and Review Procedures
12.07 River Corridor Overlay District
12.08 Flood Hazard AreaFloodplain Overlay District
12.01 General Protection Standards, Classifications and Review Procedures
A. Purpose. It is the purpose of this Article to implement, from a regulatory perspective, the
Comprehensive Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South
Burlington” and objective to “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” in balance with the overall goals and objectives of the Comprehensive Plan.
This Article establishes application requirements and development standards designed to avoid or minimize
undue adverse effects on these natural resources. The natural resources regulated in this article may also be
subject to specific subdivision or planned unit development standards. Where there is conflict between
subdivision or planned unit development standards, and the standards in this article, the standard that
imposes the greater restriction shall apply.
B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and
Level II Resources.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
Table 12-01 – Classification of Natural Resources
Location in
Regulations
Initial Identification Field Verification /
HDA
Hazards
Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested
River Corridor except intermittent streams 12.07 ANR Atlas If requested
Class I, II Wetlands, Buffers 12.06 ANR Atlas Required
Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted
Level I Resources
Habitat Block Overlay District 12.04 Habitat Block and
Connectors Overlay District Map
N/A unless seeking
exchange per Section 12.04
Habitat Connector Overlay District 12.05 Habitat Blocks and
Connectors Overlay
District Map
N/A unless seeking
modification per
12.05
Level II Resources
Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted
Class III Wetlands, Buffers 12.06 ANR Atlas If impacted
Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted
River Corridor - Intermittent Streams 12.07 Site Mapping If impacted
C. Applicability of Standards. All development must comply with the provisions of this Article, unless
otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and
working lands, unless explicitly waived or amended in this section. Exemptions includeThe following
development is exempt from review under this section:
(1) Construction of fences
a. (i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing
occurred prior to November 10, 2021, or was approved by the DRB in accordance with this Article; or
(ii) that are erected for standard agricultural purposes; or,
(1) (iii) that are lower than 4 feet measured from the ground to the highest point of the fence and
that have at least 16 inches of clearance between the lowest horizontal part of the fence and the
ground. In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations.
b. In all cases, proposed fences must comply with section 13.11 (Fences) of these Regulations.
(2) Exemptions as specified elsewhere in these Regulations.
D. Development Review Process. All. For applications not otherwise subject to Site Plan Review,
Subdivision, or PUD, all development that may encroach upon a natural resource regulated in Article 12 shall
be subject to the submission requirements for a Site Plan Review by the Development Review Board (see
Article 14). However, ifin Appendix E as relevant to documenting the encroachment is proposed as a part of a
subdivision or Planned Unit Developmentimpact on the Article 12 natural resource(s). Such application, the
proposed encroachment shall be reviewed under those procedures and standards instead of Site Plan Review.
Other exceptions include: by the Development Review Board as a miscellaneous application.
(1) Applications involving development on Steep Slopes (Section 12.03)(2) Steep Slopes Only. When
alteration of Steep Slopes and/or Very Steep Slopes (regulated under Section 12.03) is the only encroachment
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
on an Article 12 natural resource, the application shall be subject to administrative Site Plan Review (Section
14.04), unless the application is for a single-household dwelling or, a two-household dwelling, or associatedan
accessory structures, in which case the applicationstructure to a single-household or two-household dwelling.
Such applications shall be subject to zoning permit review by the Administrative Officer.
(3) City Center FBC District. All applications involving development in the City Center Form Based Code
District that may impact a Class II or Class III wetland, or the required buffer for a Class II or Class III wetland
regulated in Section 12.06 shall be subject to administrative Site Plan Review unless referred to the
Development Review Board for Site Plan Review by the Administrative Officer (Section 14.04).
(4) Stormwater. All applications that solely include development related to stormwater management
(Section 13.05) shall be subject to administrative Site Plan Review (Section 14.04).
12.02 Restricted Infrastructure Encroachment
A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may
be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall
be met in order for an encroachment to be allowed.
B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of
development listed in this subsection:
(1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband,
telephone).
(2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and
neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I Resources,
or Level II Resources.
(3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II Resources
(e.g., designed to minimize disturbance of the subject natural resources).
(4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II Resources
(e.g., designed to minimize disturbance of the subject natural resources).
(5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a finding that
the proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria:
(1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards,
and/or necessary for the protection of the public health, safety and welfare;
(2) Is for a functionally dependent purpose or use;
(3) Is a part of an Environmental Restoration Project;
(4) Is on the Official Map;
(5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area;
or
(6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an
approved use.
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South Burlington Land Development Regulations
D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall
be subject to the development review process outlined in Section 12.01(D).
E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards:
(1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet
all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section
12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04).
(2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects
involving streets and/or driveways not shown on the City Official Map that cross River Corridors (Section
12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04) may be allowed only upon
a determination by the Development Review Board that all resource-specific standards and the following
standards have been met:
(a) There is no feasible alternative for providing safe access to the developable portion of the
property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer or no
constraints exist, property owners have been contacted to discuss locating the street or driveway
on the adjacent property;
(c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic
hardship;
(d) The area served by the encroachment represents more than thirty (30) percent of the total
developable land on the parcel; and,
(e) The encroachment represents the least possible impact to the specific resource (e.g., location with
least adverse impact, designed to minimize disturbance of the resource).
12.03 Steep Slopes
A. Purpose. It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as
mapped and delineated for this purpose, in order to:
(1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water quality.
(2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls, slides,
slumps and other downslope movements of materials or structures.
(3) Maintain and re-establish vegetation on steep slopes to stabilize soils.
(4) Ensure that development on steep slopes is constructed and maintained in conformance with best
management practices for construction, stormwater management and erosion control.
B. Applicability. All development is subject to the standards belowin this section where steep slopes or
very steep slopes are present.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E. An analysis of slope stability prepared by a
licensed engineer shall also be submitted to ensure that no erosion hazards are created that would have an
undue adverse effect on surface waters, wetlands, areas of special flood hazards, or downstream facilities, and
any recommended mitigation measures
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South Burlington Land Development Regulations
D. Review Process. Per Section 12.01(D), applications involving development on when alteration of Steep
Slopes or Very Steep Slopes or Steep Slopes (regulated under Section 12.03) is the only encroachment on an
Article 12 natural resource, the application shall be reviewed viasubject to administrative Site Plan Review
(Section 14.09), unless the application is for a single-household dwelling, a two-household dwelling, or an
accessory structure to a single-household or two-household dwelling, in which case the application mayshall
be approved via a subject to zoning permit reviewedreview by the Administrative Officer. The DRB or
Administrative Officer, as applicable, shall have discretion to waive review under Section 12.03 of any area of
Very Steep Slopes or Steep Slopes the DRB or Administrative Officer determine to be de minimis due to its
small size and isolation from other Very Steep Slopes or Steep Slopes.
E. Standards.
(1) Very Steep Slope Standards.
(1)a. Development other than Restricted Infrastructure Encroachment is prohibited on very steep
slopes greater than 25%..
(2) Steep Slope Standards.
a. All development must be designed to avoid undue adverse effects on steep slopes between 15%
and 25%. Clearingwhich may include, but are not limited to, undue clearing of vegetation,
excavation, and/or filling on steep slopes shall be minimized. .
(2)b. All recommendations of the slope stability analysis submitted with the application shall be
required by the DRB or Administrative Officer.
F. Exemptions.
(1) Removal of Earth Products. Slopes exceeding 15 percent that are Steep slopes and very steep slopes
created by an approved removal of earth products removal use shall be exempt from the regulations of
this subsectionSection 12.03.
(2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the regulations
of Section 12.03.
(3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a lake,
river, or stream through installation of vegetation and other methods that do not include the installation
of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03.
(1)(4) Retaining Walls. Projects that include the installation of new retaining walls only for slope stabilization
and/or erosion control, or the replacement of existing retaining walls, and that are located within the
Residential 1-Lakeshore District, the Lakeshore Neighborhood District, or the Queen City Park District are
exempt from Section 12.03. All other regulations shall still apply.
12.04 Habitat Block Overlay District
A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety
of wildlife species and provide opportunities for some species to access several habitat areas, the City engaged
a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block
Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain
contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and unmanaged
wetlands. Based on the information in that report, the City has designated certain areas permanently as
Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid undue adverse effects
from development on these resources, promote the natural succession of vegetated areas of native vegetation
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase
infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the
Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) On lots less than one (1) acre in size existing as of November 10, 2021;
(2) On land located within a 50-foot horizontal distance of a principal building existing on the same
parcel as of the effective date of these regulations;
(3) On land authorized by the Development Review Board to be removed from or added to a Habitat
Block pursuant to the modification options of this section or as part of a Conservation Planned
Unit Development.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a
Habitat Disturbance Assessment, the submittal requirements of Section 12.04J shall apply.
D. Modification of Habitat Block. An applicant may request approval from the Development Review
Board to modify a Habitat Block in any of the following manners. An applicant may select any one of the three
modification options below. A development application may not include more than one option for any
application.
Land located within the SEQ-NRP zoning sub-district, Hazards, or Level I Resources, previously approved as
open space or conserved land, subject to a deed restriction prohibiting development, subject to a conservation
or density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District
and designated as a park or conservation parcel shall not be eligible for any of the three options to modify a
Habitat Block.
(1) Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat
Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written request
by the applicant as part of the requisite application. Any proposed reduction in Habitat Block area must
be offset with an equal addition elsewhere within the same subject parcel or Planned Unit Development.
The land to be protected through the modification of the Habitat Block boundary must be contiguous to
the Habitat Block. In no case shall the Development Review Board approve a net reduction of the area of
a Habitat Block.
(2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block
not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for
an equal amount of land within the same Planned Unit Development or Site Plan upon written request,
without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core
Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through
the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block
exchange, the Development Review Board shall require the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for
exchange; and
(b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast
height (dbh) within the exchange area.
(3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block for
the addition of an equal amount of contiguous land within the same Habitat Block upon written request,
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South Burlington Land Development Regulations
and pursuant to the standards of this Section. The exchange of land within the same Habitat Block may
occur within one parcel or on separate parcels.
(a) Supplemental submittal requirements.
(i) Indicate, on the Master Plan and all subsequent plans, all proposed alterations to the Habitat
Block.
(ii) Submit, as part of the preliminary plat application, a Habitat and Disturbance Assessment
(HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards
contained within this subsection.
(b) Supplemental Standards of Review. The Development Review Board may approve a re-
designation of a portion of a Habitat Block if it finds that all of the criteria below are met:
(i) The HDA demonstrates that the alteration will not result in a reduction in the Habitat Block’s
function as a Significant Wildlife Habitat;
(ii) Wildlife movement and connectivity between Habitat Blocks will be retained; and,
(iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must
be designed to have no undue adverse effects on habitat functions; and
(iv) The land that will be added to the Habitat Block is contiguous to the land that will not be
removed from the Habitat Block, such that the modified Habitat Block is a continuous whole
that is not interrupted or separated by roadways, railways, or other impeding infrastructure.
(c) Exchanged Land. Land to be added to the Habitat Block pursuant to this subsection must be
identified on the subdivision plat that is recorded, and in associated legal documents, for the
purposes of subsection 12.04(I), below.
(i) Any land proposed to be added shall be accompanied by a restoration plan, prepared by a
landscape architect, professional wildlife biologist, or equivalent, that will result in the land
functioning as a Significant Wildlife Habitat within a period of ten (10) years and being
classified as transitional forest / forest by a land use / land cover assessment at that time.
E. Substantially-Habitat Block-covered lots. A lot containing a combination of Hazards and Level I
Resources exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat Block standards
in the following manners:
(1) As a Conservation Planned Unit Development, subject to the standards of Section 15.C.05; and,
(2) The applicant is entitled to re-designate a portion of the Habitat Block, to allow for thirty (30) percent
of the total parcel area as Buildable Area. The applicant shall provide a proposed redesignation to the
Development Review Board with land designated as, and added to, the parcel’s Buildable Area in the
following order:
• First: Land not a Hazard or Level I Resource;
• Second: Land that is not characterized by a preponderance of mature trees;
• Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which
would sever a Habitat Connector.
• Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest
extent possible;
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South Burlington Land Development Regulations
(a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one
category is designated as Buildable Area, and the allotment of thirty (30) percent of the total
parcel area has not been reached, then land from the next category shall be selected.
(b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area pursuant
to the priority order above is in conflict with the purposes of this section, or where it finds that
strict adherence to the priority order does not allow for a unified PUD consistent with the
purposes or intent of these regulations, it may approve modifications to the land selected. Any
such modifications shall be minimized in terms of land area and changes to, or reordering, the
priority order.
(c) Any land excluded from Habitat Blocks regulated under this subsection and redesignated as
Buildable Area shall remain subject to all other provisions of these Regulations.
F. Standards for Habitat Block Protection.
1) General standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below,
approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance with Section
12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated
condition. Specifically:
a) The clearing of trees and understory vegetation is prohibited except as specified in this section.
b) The creation of new lawn areas is prohibited.
c) Snow storage areas are prohibited.
d) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building envelopes
shall not contain any land located within Habitat Blocks.
e) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
G. Exempted Uses and Activities. The following uses and activities are exempt from review under this
section:
(1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or
their width prior to adoption of these regulations, whichever is greater;
(2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing
an imminent threat to buildings or infrastructure; and,
(3) Uses and activities enumerated in Section 12.01(C).
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the
Habitat Block and Habitat Connector Overlay Districts Map.
H. Development within Habitat Blocks. The encroachment of new development activities into, and
the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited.
However, the DRB may allow the following types of development within a Habitat Block pursuant to the
standards contained herein:
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
a) The facility shall be strictly limited to the minimum width necessary to function for its intended
purposes;
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South Burlington Land Development Regulations
b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width
necessary for the facility to function for its intended purposes (street tree requirements shall not
apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet
State or Federal law; and,
c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or
elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts.
(2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use are
located outside the Habitat Block.
a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All such
structures must be consistent with the adopted management plan for the park, if one exists.
(3) Research and educational activities, provided any building or structure (including parking and driveways)
appurtenant to such use is located outside the Habitat Block.
a) Research and educational structures not exceeding 500 square feet gross floor area, such as seating
areas made of natural materials, storage sheds, or climbing structures, may be allowed within a
Habitat Block.
I. Habitat Block and Habitat Connector Overlay Districts Map. The approval of a modification
of a Habitat Block pursuant to Section 12.04D, above, or of the exclusion of an area of land from a Habitat
Block pursuant to Section 12.04E, above, shall, without further action, revise the Habitat Block and Habitat
Connector Overlay Districts Map accordingly. After the effective date of these regulations, the Habitat Block
and Habitat Connector Overlay Districts Map may be revised only once for each Substantially-Habitat Block-
Covered lot from which a portion of the land within the Habitat Block has been excluded.
J. Habitat and Disturbance Assessment (HDA)
(1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant
wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject
properties with Habitat Blocks and Habitat Connectors (Section 12.04 and Section 12.05) where an
applicant is seeking to relocate and/or redesignate a portion of the Habitat Block or Habitat Connector.
(2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract
with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development
Review Board shall include the following information:
(a) Site Conditions Map including all Habitat Blocks and Habitat Connectors on or within 200 feet of
the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an
inventory of the specific habitat types found on the parcel and their relative importance to the
various wildlife species that rely on that habitat for one or more life-cycle function;
(c) An assessment of the relationship of the habitat found on the site relative to other significant
wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity
between mapped habitat blocks; is the parcel located contiguous to other significant wildlife
habitat, or part of a habitat block);
(d) Identification of the distance of all proposed development activities (as permitted), including
clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
habitat and, if significant wildlife habitat is proposed to be disturbed, the total area of disturbance
and the total area of the remaining (undisturbed) habitat;
(e) An assessment of the likely impact of the proposed development, including associated activities
(e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting,
introduction of non-native species for landscaping) on the ecological function of the significant
wildlife habitat found on the site. This shall include an assessment of whether travel between
Core Habitat Block Areas will be disrupted; and
(f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or minimize the
proposed development’s impact on the habitat, including buffers of or from habitat for specific
identified species, possible replacement or provisions for substitute habitats that serve a
comparable ecological function to the impacted habitat, and/or physical design elements to
incorporate into the project.
12.05 Habitat Connector Overlay District
A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors,
allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other
natural resources within and adjacent to the City.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Connectors” on
the Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) Lots of less than one (1) acre existing as of the effective date of these Regulations.
(2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of
the effective date of these regulations.
C. Standards for Protection of Habitat Connectors.
(1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector
Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally
vegetated condition.
(2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat Connector
may be used to count towards the required 150-foot width of the Habitat Connector.
(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
(4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from
its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must
connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be
accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect,
professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan
of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation
supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must
design the relocated Habitat Connector to support the movement of mammal species such as fisher,
bobcat, river otter, mink and coyote within a period of ten (10) years.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels
where development is proposed and pre-existing conditions consist of Habitat Connectors that are less
than 150 feet in width along the entire length of the Habitat Connector. Restoration must include a
robust planting plan of native tree and shrub species and specific actions to minimize disturbance to
any existing vegetation supporting a habitat function within areas of the Habitat Connector less than
150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a
waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing
structures on the subject parcel.
12.06 Wetland Protection Standards
A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect
wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife
habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their
respective buffers via the standards of this section. The City also intends to provide protection that offers
limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers, and
for Class II wetlands and their respective buffers in specific identified areas of the City.
B. Applicability. All development in the City of South Burlington shall comply with the requirements of
this section. The requirements of this Section will apply to all lands described as follows, collectively referred
to as Wetlands Areas and Related Buffers:
(1) Class I Wetlands and Related Buffers.
(a) In all City Center Form- Based Code, Commercial, Industrial and Airport, and Other (Municipal
only) zoning districts, as (established and defined in Section 3.01 of these Regulations, all), a Class
I wetlands, and their related buffer areas,area is measured one hundred (100) feet in horizontal
distance from the boundary of the Class I wetland, are subject to the provisions of this section.
(b) Residential Districts and the Park and Recreation Districts. In all Residential and Other (except
Municipal, as enumerated in Subsection B(1)(a))) zoning districts, as established and defined in
Section 3.01, alla Class I wetlands, and their related buffer areas, is measured two hundred (200)
feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this
sectionClass I wetland.
(2) Class II Wetlands and Related Buffers.
(a) In all City Center Form- Based Code, Commercial, Industrial and Airport, and Other (Municipal
only) zoning districts, as (established and defined in Section 3.01 of these Regulations, all), a Class
II wetlands, and their related buffer areas,area is measured fifty (50) feet in horizontal distance
from the boundary of the Class II wetland, are subject to the provisions of this section.
(b) In all Residential and Other (except Municipal, as enumerated in Subsection B(2)(a))) zoning
districts, as established and defined in Section 3.01, alla Class II wetlands, and their related buffer
areas,area is measured one hundred (100) feet in horizontal distance from the boundary of the
Class II wetland, are subject toexcept as under (d) below.
(b)(c) For lots less than 0.5 acres existing as of November 10, 2021, approved for or containing a
single-family or two-family dwelling with a lot line that encroaches into the one hundred (100)
foot buffer under (c) above, where the provisions of this section.existing lot line encroaches into
the buffer the Class II wetland buffer shall be defined as the existing lot line.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related buffer
areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to
the provisions of this section. Class III wetlands less than 5,000 square feet in size are not regulated by
the City.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E.
(1) Per Section 17.08, the DRB may require independent technical review of any field delineation and
wetlands report.
(2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of
Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in their
review of the application instead of requiring an additional or separate delineation.
D. Standards for Wetlands Protection.
(1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II
wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their
associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant
may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this
standard per the regulations in Section 12.06(F).
(2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and
associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed,
naturally vegetated condition. The following activities are permissible, however:
(a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section
or to modify this standard where allowable per the regulations in Section 12.06(F).
(i) Approved stormwater management systems that do not meet the definition of a Restricted
Infrastructure Encroachment may incorporate a Class III wetland and its related buffer.
(b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands that meeting the
5,000 s.f. threshold) that are incidental to an approved development project are allowed. They are not
required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily
impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the
project.
(c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold)
or its buffer for the purpose of installing underground utilities are not required to meet the standards
in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and
their related buffers shall be returned to their pre-impact state prior to completion of the project.
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of
the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands
buffer that were legally in existence as of the effective date of these regulations shall be considered
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
non-conforming development. Non-conforming development within a wetlands buffer, may not be
expanded.
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section 12.02
and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider than 24
feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as
reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage.
E. Exemptions. The following activities are not required to meet the standards in this section and do not
require a local permit:
(1) Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces
located within a wetlands buffer, and that were legally in existence as of the effective date of these
regulations, does not require a permit.
(2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g.., non-motorized
or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified by the
Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands, and
their associated buffers, is exempt from these regulations.
(3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons
and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class
II or Class III wetland. All trails located within this buffer area should be constructed to meet the best
practices outlined in the Recreational Trail Building Guidance document developed by the Vermont
Agency of Natural Resources.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of this
section for any development in the following areas only:
(a) Development in a Class II wetland and associated buffer within the Form- Based Code Zoning
Districts.
(b) Re-development of a pre-existing garden, landscaped area/lawn, public infrastructure, structure,
and impervious surface within a Class II wetland buffer in any zoning district, provided the
relocatedre-developed area is of equal or smaller size.
(c) Installation of low-impact development stormwater practices consistent with wetland functions
and plantings with a Class II or Class III wetland buffer.
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer
within all zoning districts.
(2) Modification Review Process. Modification requests shall be reviewed as follows:
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to
review and approve all modification applications as a part of an administrative Site Plan
application.
(b) In all other zoning districts, the Development Review Board shall have the authority to review and
approve all modification applications.
(2)(3) Modification Standards. The Development Review Board or the Administrative Officer, as
applicable, may grant a modification from the rules of this Section only if a modification application
meets all of the following standards:
(a) The modification shall be the minimum required to accommodate the proposed development;
(b) The proposed development will not have an undue adverse effect on the planned character of the
area, as defined by the purpose statement of the zoning district within which the project is located,
or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the property
to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland functions
and values identified in the field delineation.
12.07 River Corridor Overlay District (RCO)
A. Purpose. It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to
maintain or reestablish floodplain access and minimize erosion hazards through natural, physical
processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors;
(4) Protect and improve the quality of surface waters and streams within the City of South Burlington;
(5) Provide sufficient space for wildlife habitat along rivers and streams; and,
(6) Provide allowances for infill and redevelopment of designated centers that are within river corridors.
B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a
bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
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South Burlington Land Development Regulations
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F. District General Provisions.
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying
district, or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the
provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the
stricter provision shall apply.
(2) RCO District Boundaries. The boundaries of the RCO District are as follows:
(a) All River Corridors as published by the Vermont Agency of Natural Resources (including the
Statewide River Corridors and refinements to that data based on field-based assessments which are
hereby adopted by reference).
(b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever
is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash
Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural
Resources.
(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and
streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out
in the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) RCO District – Classification. River Corridors shall be classified in the following manner per Section
12.01:
a. River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II
Resources.
b. All Other River Corridors. River Corridors on all other streams are Hazards.
(4) Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with
respect to the boundaries of the RCO the location of the boundary on the property shall be
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
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South Burlington Land Development Regulations
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District. The following types of development are prohibited in
the RCO District:
(a) All development, including new structures, structure additions, fill, accessory dwelling units,
and any other development that is not expressly listed as at least one of the Exempted Activities or
Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.
(2) Exempted Activities. The following activities do not require a permit under this section of the bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a
change to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs parallel to
the river is not exempt and shall meet the Development Standards in Section 12.07(I) below), dams,
dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams
that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit,
if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s
“Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by
the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture,
Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm
structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall
contain a sketch of the proposed structure including setbacks.
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South Burlington Land Development Regulations
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A.
§ 248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance
with 24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to
exceed ten (10) feet in width.
(j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure.
Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure
within the River Corridor in existence as of the effective date of these regulations.
(k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive
species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food
& Markets, within the River Corridor is an exempt from these regulations.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs and the standards of this section.
(a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for
the protection of the public health, safety and welfare.
(b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02
and the standards of this section.
(c) Replacement of on-site septic systems.
H. Development Review Classification & Referral to Outside Agencies
(1) All land development proposed in the River Corridor is subject to review standards outlined in
Section 12.01(D).
(2) Referrals to outside agencies
(a) Upon receipt of a complete application for development in the River Corridor, the
Administrative Officer shall submit a copy of the application and supporting information to the State
National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in
accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from
the Agency, or the expiration of 30 days from the date the application was mailed to the Agency,
whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of
the application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of
30 days from the date the application was mailed to the Vermont Agency of Natural Resources,
whichever is sooner.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
I. Development Standards. The criteria below are the minimum standards for development in the RCO
District.
(1) New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.
(2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an
undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally
prohibited. This standard also does not apply to forestry operations or silvicultural (forestry)
activities exempt from local zoning regulation or the removal of trees that are dead, diseased,
heavily damaged by ice storms or other natural events, or identified as an invasive species. The
placing or storing of cut or cleared trees and other vegetation is also prohibited.
(a) Pre-existing Non-conforming Lawn Areas. The following section pertains the applications for
new development on lots with pre-existing non-conforming lawn areas located within the River
Corridor.
(i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on
lots with existing single or two-household dwelling uses, and pre-existing non-conforming
lawn areas in the River Corridor, shall not be required to brought into conformance with
the natural vegetation requirement in these regulations.
(ii) All Other Land Uses. Development on lots with any other land use (beside a single or two-
household dwelling), and that also includes pre-existing non-conforming lawn areas in the
River Corridor, shall only be approved if the applicant removes at least 50% of the pre-
existing non-conforming lawn area within the River Corridor and completes site
remediation. Site remediation shall include re-seeding the subject area with a naturalized
mix of grasses rather than standard lawn grass and returning the area to a natural state
(no mowing).
(3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
in the River Corridor provided the proposed land development conforms with the following
standards:
(a) The facility shall comply with the standards in Section 12.02;
(b) The facility must be located at least twenty five (25) feet from the edge of the channel of the
surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from
the edge of channel of the surface water of all other streams. This standard shall not apply to
the intake of municipal or community water system, or the outfall of a municipal wastewater
treatment or stormwater treatment projects, all of which are functionally dependent upon
access to surface waters. This standard shall also not apply to road crossings, driveway
crossings, public sidewalks and recreation paths (including bridges and boardwalks) intended to
connect parcels and neighborhoods, or provide recreational opportunities, approved under
Section 12.02;
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure; and,
(d) The facility shall comply with Section 12.07(I)(5).
(4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of
the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
landscaping along the border of the River Corridor. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(5) All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed development
will not be any closer to the river than existing adjacent development.
(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
i.Infill Development. Infill development must be located no closer to the channel than the
adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1);
or,
ii.Down River Shadow. Development shall be located in the shadow area directly behind and
further from the channel than the existing structure, or within 50 feet of the downstream side
of the existing habitable structure and no closer to the top of bank or slope, as applicable.
Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
Figure 1: In-fill Development Standard
Figure 2: Shadow Area Development Standard
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
iii.River Corridor Performance Standard. The proposed development shall:
(a) not be placed on land with a history of fluvial erosion damage or that is imminently
threatened by fluvial erosion; and,
(b) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium
conditions; and,
(c) not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(d) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis
from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 12.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
12.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the general
public and promote the public trust uses of the water shall include a condition prohibiting the permittee
from actively managing the applicable section of river solely to protect the public water access from lateral
river channel adjustment.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage
for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
12.08 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax
base, and the extraordinary public expenditures and demands on public services that result from flooding;
(2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished
in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream
corridor;
(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard
mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood
insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and
§4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified
as within the Floodplain Overlay District designated in Section 3.01(B).
C. [reserved]
D. Administration
(1) Floodplain Review. All development in the City of South Burlington located within the Floodplain Overlay
District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other existing zoning
districts. All other requirements of the underlying district shall apply in addition to the provisions herein,
unless otherwise indicated. The Floodplain Overlay District is composed of two areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1-
30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and as depicted on the Natural
Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1
is composed of areas of the 500-year floodplain that are already substantially developed and
where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.
(2) Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer.
If the applicant disagrees with the determination made by the Administrative Officer, a Letter
of Map Amendment from FEMA shall constitute proof that the property is not located within
the Special Flood Hazard Area.
b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative Officer,
the applicant may appeal the determination in accordance with Article 17.
(3) Base Flood Elevations and Floodway Limits.
a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski
River), the base flood elevations and floodway limits (or data from which a community can
designate regulatory floodway limits) provided by the National Flood Insurance Program in
the Flood Insurance Study and accompanying maps shall be used to administer and enforce
the provisions of these regulations.
b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits
have not been provided by the National Flood Insurance Program in the Flood Insurance Study
and accompanying maps, it shall be the responsibility of the applicant to develop the base
flood elevation at the site using data available from state or federal agencies or other sources.
(4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. These regulations shall not create liability on
the part of the City of South Burlington, or any municipal official or employee thereof, for any flood
damages that result from reliance on these regulations, or any administrative decision lawfully made
hereunder.
(5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or
remove the necessity of compliance with any other local, state, or federal laws or regulations. Where
these regulations imposes a greater restriction the provisions here shall take precedence.
(6) Exempted Development. The following types of development are exempt from Floodplain Review.
The following types of development may also still be subject to other standards in the South Burlington
Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be aware
that for damaged structures where FEMA mitigation funds may be used, the damaged
structure may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or
undertaken to conserve the original condition, while compensating for normal wear and tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection
Rule, Chapter 29):
i. State-owned and operated institutions and facilities.
ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with
the Vermont Department of Forests and Parks Acceptable Management Practices for
Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture
Food and Market’s Required Agricultural Practices (RAPs).
iv. Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
(i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not
include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E. Floodplain Review Application Requirements
(1) Application Submission Requirements. All applications for Floodplain Review shall include:
(a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay
District boundaries – all zones), the shortest horizontal distance from the proposed
development to the top of bank of any river, any existing and proposed drainage, any proposed
fill, pre- and post-development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps; and
(b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
(2) Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain
of the Winooski River:
i. New, substantially improved, or substantially damaged structures;
ii. Projects requiring elevation or dry-floodproofing above BFE;
iii. Additions to existing historic structures; and
iv. Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(b) Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by
FEMA, but no floodway areas have been designated, the applicant shall provide a
floodway delineation that demonstrates that the proposed development, when
combined with all existing and anticipated future development, will not increase the
water surface elevation of the base flood by more than one foot at any point within
the community.
(c) Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
(d) Erosion Control Projects. For projects involving erosion control measures within the floodplain
on Lake Champlain, the applicant shall submit:
i. Renderings or other additional information relevant and necessary to evaluating the
aesthetic or visual impact of the proposed improvement.
ii. A landscaping plan.
(3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific
application requirements when the data or information is not needed to comply with these
regulations.
F. Floodplain Review - Development Review Process. All applications for development in the Floodplain
Overlay District shall be reviewed according to the following procedures:
(1) Referrals.
(a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation. A permit may be issued only following receipt of
comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from
the date the application was mailed to the Vermont Agency of Natural Resources, whichever
is sooner.
(2) Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
i. Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
ii. Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
iii. Open fencing and signs elevated on poles or posts that create minimal resistance to the
movement of floodwater.
iv. Municipal transportation infrastructure improvements designed and constructed by the
Vermont Agency of Transportation that have written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
v. River and floodplain restoration projects, including dam removal, that restore natural
and beneficial floodplain functions and include written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
vi. Improvements or repairs of damage to structures that do not expand the existing
footprint and do not meet the definition of “substantial improvement” or “substantial
damage.”
vii. Accessory structures less than 500 square feet in size in the Floodplain Overlay District
Zones 0.2% B1.
viii. Building utilities.
ix. Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional
applicable standards.
(b) Development Review. All development in the Floodplain Overlay District that cannot be
approved through administrative Floodplain Review shall require Floodplain Review by the
Development Review Board.
(3) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued
for development meeting the standards in Section 12.08(G) and the following the review process
outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all
application materials and fees, the Administrative Officer shall act to either issue or deny a
permit in writing, or to refer the application to the Development Review Board. If the
Administrative Officer fails to act with regard to a complete application for a permit within
the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for
new construction or substantial improvement, in which case a permit shall not be issued until
the Administrative Officer has complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure which
requires the approval of the Development Review Board until such approval has been
obtained. For permit applications that must be referred to a state agency for review, no
permit shall be issued until a response has been received from the State, or the expiration of
30 days following the submission of the application to the State, whichever is sooner.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to
ensure that it complies with the following standards:
(1) Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
(b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
(c) New critical facilities;
(d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table, interfere with natural flow patterns, or reduce
flood storage capacity;
(e) Storage or junk yards;
(f) New fill except as necessary to elevate structures above the base flood elevation.
(g) Within the floodway: new encroachments, except for minor improvements to existing structures
or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or
floodplain restoration projects, or health and safety measures. Minor improvements are those
that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk
Reference for Local Officials.
(2) Development in the Floodway. Within the floodway, the following standards apply to all
development:
(a) New encroachments are prohibited within the floodway, except for the following, which also
shall comply with subsection (b) below:
i. New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities,
functionally dependent uses, and river or floodplain restoration projects; and
ii. New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b) For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with standard
engineering practice, by a registered professional engineer, and shall certify that the proposed
development will:
i. Not result in any increase in flood levels during the occurrence of the base flood;
ii. Not increase base flood velocities; and
iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c) For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.
(3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
(a) All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
(b) All development shall be designed (I) to minimize flood damage to the proposed development
and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to
flood hazards.
(c) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be
constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. On site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is above
the base flood elevation.
(g) Structures.
i. Residential Structures
a) Residential structures to be substantially improved in Floodplain Overlay District Zones
A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet
above base flood elevation; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate.
b) Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall
be located such that the lowest floor is at least two (2) feet above the average grade
level on-site; this must be documented, in the proposed and as-built condition, with a
FEMA Elevation Certificate. Average grade level means the average of the natural or
exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii. Non-residential Structures. Non-residential structures to be substantially improved, and
new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet
the following standards:
a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
b) Have the lowest floor, including basement, together with attendant utility and sanitary
facilities be designed so that two (2) feet above the base flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
submitted and a licensed professional engineer or architect has certified that the
structure has been constructed in accordance with accepted standards of practice for
meeting the provisions of this subsection.
(h) Basements. For all new construction and substantial improvements, fully enclosed areas below
grade on all sides (including below grade crawlspaces and basements) shall be prohibited.
Substantial improvements to existing buildings requires compliance with this section.
(i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully
enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and
subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a
condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such
designs must be certified by a licensed professional engineer or architect, or meet or exceed the
following minimum criteria: A minimum of two openings on two walls having a total net area of
not less than one square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway
limits have not been determined, development shall not be permitted unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated encroachment, will not increase the base flood elevation more than one (1) foot
at any point within the community. The demonstration must be supported by technical data that
conforms to standard hydraulic engineering principles and certified by a licensed professional
engineer.
(k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use.
(l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of
500 square feet or less in gross floor area that represents a minimal investment need not be
elevated to the base flood elevation in this area, provided the structure is placed on a site so as
to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of
12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay
District.
(m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the
definition of substantial damage shall be constructed so that the lowest floor, including
basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade
level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2,
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1-
30. A critical facility shall have at least one access road connected to land outside the 0.2% annual
chance floodplain that is capable of accommodating emergency services vehicles. The top of the
access road shall be no lower than the elevation of the 0.2% annual chance flood event.
(n) Historic Structures. For historic structures that would meet the definition of substantial
improvement or substantial damage if not for their historic structure designation, the improved
or repaired building shall meet the following mitigation performance standards for areas below
the base flood elevation:
i. Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from
inundation and scour or be easily repaired;
ii. The building foundation shall be structurally sound and reinforced to withstand a base
flood event;
iii. The structure’s historic designation shall not be precluded;
iv. The likelihood of flood waters entering the structure during the base flood is reduced;
and
v. There shall be no expansion of uses below base flood elevation except for parking,
storage, building access, or, in the case of non-residential buildings, where the space
is dry floodproofed.
(o) No Rise Requirement. No encroachment, including fill, new construction, substantial
improvement, or other development, that would result in any increase in flood levels within the
regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless
hydrologic and hydraulic analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the proposed development will: a)
Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and
b) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures
within may be approved by the DRB provided the following standards are met:
i. The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
ii. The improvement will not increase the potential for erosion.
iii. The project will not have an undue adverse effect on the aesthetic integrity of the
lakeshore.
iv. The project shall preserve, maintain and supplement existing trees and ground cover
vegetation to the greatest extent possible.
(4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these
additional standards:
a. All land lying within a River Corridor as defined in these regulations is subject to the standards
of Section 12.07 in addition to the standards of this section.
H. Nonconforming Structures.
(1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or
destroyed may be reconstructed in its original location only if it is rebuilt to comply with all
requirements of the National Flood Insurance Program and these regulations;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are
discontinued for more than 6 months. An abandoned structure shall not be permitted for re-
occupancy unless brought into compliance with these regulations and Section 3.11(G). An abandoned
use shall not be permitted unless brought into compliance with these regulations.
I. Variances.
(1) A variance for development in the Floodplain Overlay District may be granted by the Development Review
Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6.
(2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the
applicant in writing over the signature of a community official that the issuance of a variance to construct
a structure below the base flood elevation increases risk to life and property and will result in increased
flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be
maintained with a record of all variance actions.
J. Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or
substantial improvements to structures in the Floodplain Overlay District.
(1) Upon receipt of the application for a certificate of occupancy, the Administrative Officer shall review the
permit conditions and inspect the premises to ensure that:
ii. All required state and federal permits that have been obtained by the applicant;
iii. All work has been completed in conformance with the zoning permit and associated approvals; and
iv. All required as-built documentation has been submitted to the Administrative Officer (e.g. updated
FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built
floodway encroachment analysis).
K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action
related to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the
following procedures:
(1) The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative
Officer for development that is not in conformance with this section.
(2) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a
declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood
insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as
amended.