HomeMy WebLinkAboutAgenda - City Council - 02/06/2023AGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting02-06-2023 You can also dial in using your phone. +1 (872) 240-3311; Access Code: 645-761-261
Regular Session 6:30 P.M. Monday February 6, 2023
1.Pledge of Allegiance (6:30 PM)
2. Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM)
4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM)
5. Councilors’ Announcements and Reports on Committee assignments and City Manager’sReport (6:45 – 6:55 PM)
6.Consent Agenda: (6:55 – 7:00 PM)
A.*** Consider and Sign DisbursementsB.*** Approve minutes from January 3, 2023, and January 17, 2023, City CouncilMeetingsC.*** Approve application for a Community Recovery and Revitalization Program grantto support the construction of additional water storage in the City's high service areaD.*** Approve the application and acceptance of an ARPA 2022 Pretreatment Grant tocomplete an assessment of our industrial wastewater usersE.*** Approved the Annual Certificate of Highway MileageF.*** Approve the FY2022 TIF Annual Report
7.*** Receive a presentation from the Sextons and provide direction to staff or take action –Sextons (7:00 – 7:30 PM)
8.*** Receive and accept the FY22 Audit from RHR Smith – Miranda MacDonald, RHR Smith& Company and Martha Machar, Finance Director (7:30 – 8:00 PM)
9.*** Receive the December Financials representing our financial state through the first half ofFY23 – Martha Machar, Finance Director (8:00 – 8:15 PM)
10. *** Receive proposed Land Development Regulations Amendment #LDR-22-09 that adjust
the Environmental Protection Standards adopted in 2022 and possibly set a Public Hearing for March 20 at 7:30 PM – Paul Conner, Planning & Zoning Director (8:15 – 8:35 PM)
11. *** Discuss H.68, "An act relating to removing State and municipal regulatory barriers for fair zoning and housing affordability," and potentially take action – Council Request (8:35 – 9:05 PM) 12. Discussion a potential leaf blower ordinance and provide direction to staff – Council Request (9:05 – 9:20 PM) 13. Other Business (9:20 – 9:30 PM) 14. Consider entering a possible executive session to consider the review of a public official and specifically the City Manager 15. Adjourn Respectfully Submitted:
Jessie Baker City Manager *** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 2/7/2023 Through 2/7/2023
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
2/7/2023 4523 Champlain Water District Jan 2023 Monthly Invoice from Wholesale to SBWD 195.16 SBWD-387
2/7/2023 Champlain Water District Water Consumption - January 2023 125,452.07 SBWDCONSUMP-013123
2/7/2023 4524 E.J. Prescott Blue Marking Paint 88.80 6124479
2/7/2023 E.J. Prescott Supplies 474.80 6125772
2/7/2023 E.J. Prescott Hydrant Repair Kit 223.36 6128253
2/7/2023 4525 FirstLight Fiber Account 101167 42.62 13347666
2/7/2023 4526 F.W. Webb Company Meter Angle Valve 725.45 78587882-3
2/7/2023 4527 Masterson & Son Excavation, LLC Load of Fill - Disposal 9,852.71 5866
2/7/2023 4528 Office Essentials of Vermont Labels 18.99 39217
2/7/2023 4529 South Burlington Ace, Inc.Hinesburg Rd Vault - Sump Pump 89.99 848849/3
2/7/2023 4530 Ti-Sales, Inc.Battery Packs 243.06 INV0152193-1
2/7/2023 Ti-Sales, Inc.Water Meters 17,010.00 INV0152718
Total 70 - South Burlington Water Department 154,417.01
Report Total 154,417.01
SOUTH BURLINGTON CITY COUNCIL
70 - South Burlington Water Department
Page: 1
CITY COUNCIL 3 JANUARY 2023
The South Burlington City Council held a regular meeting on Tuesday, 3 January 2022, at 6:30
p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota
ALSO PRESENT: J. Baker, City Manager; C. McNeil, City Attorney; A. Lafferty, Deputy City
Attorney; D. Kinville, City Clerk; Chief S. Burke, Police Department; Chief S. Locke, Fire
Department; P. Conner, Director of Planning & Zoning; D. Brayton, HR Director; D. Wheeler, M.
Machar, Finance Officer; L. Bailey, D. Bugbee, M. Murray, B. Britt, M. Mittag, G. Silverstein, S.
Dooley
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2. Additions, deletions or changes in the order of Agenda items:
No changes were made to the agenda.
3. Comments and questions from the public not related to the agenda:
No issues were raised.
4. Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended.
Ms. Baker: Announced hiring of the City’s new HR Director, Daisy Brayton. Ms. Brayton
introduced herself and spoke briefly of her background.
Noted 2 items on the Consent Agenda, the designation of Terry Francis as
Building Inspector and the application of a grant to replace ash trees.
Reminded members that the next Council meeting will be on Tuesday, 17
January. There will also be a special Council meeting, followed by a Steering Committee
meeting, on Monday, 23 January.
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3 JANUARY 2023
PAGE 2
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Appoint Deputy Chief/Fire Marshall Terence Francis to serve as the Building
Inspector
c. Approve a Growing Urban Forests Grant to fund planting of new street trees to
offset removal of Ash Trees including allocating $20,000 of ARPA funds as grant
match.
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously.
6. FY24 Budget: Receive the Police and Dispatch presentation and provide feedback
to staff:
Chief Burke showed a chart of what Police staffing should look like and indicated the vacant
positions. Because of the vacancies, the department can’t do a lot of neighborhood policing as
they used to do. They also had to reassign a traffic person, which is a problem due to so much
pass-through traffic in the city.
The Chief noted that the Police Station building is also home to 2 other organizations, one of
which is the Community Justice Center with whom the Police work, especially on cases involving
drugs.
Police Department successes include:
a. Launching of the camera technology program
b. Implementation of statutory changes regarding use of force (officers had to
be trained to new State standards)
c. Continued training regarding fair & impartial policing (the Chief said this has
been very valuable to officers)
d. Ordering of 2 hybrid patrol vehicles
e. Filling the 7th dispatcher position
f. Naming of Joseph Lavanway as the new Executive Director of the Community
Justice Center
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3 JANUARY 2023
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Chief Burke said they are asking that the FY24 budget include reinstating the Deputy Chief of
Police position and eliminating one Lieutenant position. They are also asking for 3 hybrid
cruisers and funding to transition to different pistols. The Chief explained that the size of some
current pistols don’t allow them to be put into everyone’s hands. The estimated cost of the
pistols if $38,000. With $10,000 trade-in for current pistols, the net cost would be $28,000.
Chief Burke then showed a graph indicating retirement and the number of officers they have
been able to hire. He cited the need to find adequate candidates and noted this is a national
trend. In South Burlington, application rates are down 50%.
Mr. Cota asked how long it takes for a candidate to be fully trained to be alone in a vehicle.
Chief Burke said 35 weeks.
The Chief then explained the 12-hour schedule they are now employing. He said the 10-hour
schedule is no longer viable. This is related to problems in the City of Burlington where they
could no longer provide back-up and South Burlington was being called to Burlington. It also
parallels issues in Shelburne. South Burlington Police have stepped up in both cases, but they
are now trying to get back to a 10-hour schedule after which officers will be asked which
schedule they prefer.
As of today, the Chief said, there are 20 officers available for patrol. Five will be in training as of
next week. There are 5 vacancies, 2 of which are unfunded. There should be 24 patrol officers
available. The Chief stressed that with the growth in the city, it is naïve not to have adequate
policing.
With regard to the CIP, Chief Burke cited the need to increase the fleet. He noted the increased
cost of maintenance (which is being overspent). He said it is important to get funding for the 3
vehicles in FY24. He also noted that hybrid technology will be good for their use, but he said
there are issues with availability, and there would probably be a year-long wait for the vehicles.
This will further impact maintenance of the current fleet.
Emerging Police Department issues include:
a. The shocking increase in crime categories, including those which require a lot
of investigation. He cited significant increases in larceny, car theft and retail
theft. He said there should be more focus on the restorative system for these
crimes.
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3 JANUARY 2023
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b. Domestic violence and sex crimes are also going up, and they are probably
under-reported. These crimes take a lot of investigation time.
c. Stolen cars are being used for thefts and generally require cleaning when
recovered.
Ms. Emery asked if economics have anything to do with the increased crime rate. Chief Burke
said yes, but drugs have much more to do with it.
Chief Burke said it is his feeling that if Restorative Justice is used early enough, there can be less
recidivism. He noted they do direct referral on 14 misdemeanors but need more State funding
for pre-charge cases. Ms. Baker said there is a need for more restorative/community justice
state-wide.
The Chief then spotlighted the following:
a. The relationship with the Community Outreach Program, particularly for
overdoses and mental health issues
b. The new Encampment Policy
Chief Burke said 2 officers will be retiring in the next few years, and there will be officers leaving
their positions. He cited the need for more funded positions and said that getting to 40 by FY25
would be “fantastic.” He stressed that people are the most precious resource, and they cannot
sustain that with the numbers they now have.
The Chief also cited the salaries of “competitors,” specifically the City of Burlington and the
State, both of which start at $15,000 more than South Burlington. He stressed the need to keep
the good officers they now have.
7. FY24 Budget: Receive the Fire and EMS presentation and provide feedback to staff:
Chief Locke introduced his leadership team and cited the relationship of the department to the
union. He showed an overview of staffing. A shift consists of a Captain and 7 or 8 Firefighters
who work a 24 hours on, 48 hours off schedule. There are 3 such shifts. There are also 3
persons in the Prevention Department.
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3 JANUARY 2023
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Chief Locke noted that in FY13, the Department responded to 3007 calls. In FY22, they
responded to 4447 calls with the same staffing. The call volume has doubled since 2008, also
with the same staffing. This can reduce reliability.
Department successes include:
a. Maintaining minimum staffing, which the Chief stressed is not sustainable.
This affects the home life of firefighters. There was a time when they were
working a 48 hours on, 24 hours off schedule
b. Separation of the Fire Chief from the Fire Marshall duties (“No one can do
two jobs”)
c. Attendance of 3 Firefighters at Paramedic training
d. Refurbishing Ladder #1 which should be back in service soon
e. Ordering of a replacement ambulance (which is being delayed)
Regarding ambulance revenue, Chief Locke said they will outperform anticipated revenues
which he attributed to increased volume and the new billing service.
Prevention revenues will do very well in FY23 due to new construction (permit fees) particularly
Beta and Onlogic.
With regard to expenditures, Chief Locke noted they have combined Fire and Ambulance into
one budget. One increased expense is diesel fuel which is budgeted now at $22,075. Other
increases are in the records management system and Paramedic training. The Chief said it is
their hope to support one Paramedic training a year.
Items in the CIP include:
a. $400,000 for fleet replacement for a 2009 fire truck and the 2012 ambulance
b. $30,000 for 2 thermal imaging cameras
The Chief showed a slide of “Fleet Planning” to smooth costs out over 10 years. This would
provide much more stable funding. He stressed that the fleet is “tired.” He also noted that it
takes 12-14 months to get a newly ordered ambulance and up to 36 months to get a new fire
truck. Funding needs to be approved that far in advance. Smoothing funding will allow this to
happen. The Chief asked the Council to authorize this purchasing plan. Ms. Baker noted that
CITY COUNCIL
3 JANUARY 2023
PAGE 6
the Council has already taken the first step to do this. The second step would be a “lease to
purchase” option authorization. Mr. Cota asked if this would lock down the price. Ms. Baker
said it would.
Ms. Riehle asked with the city’s goals of more housing and more businesses, what kind of truck
would be needed for taller buildings as opposed to those for suburban sprawl. Chief Locke said
the current plan is for 2 fire trucks, 1 ladder truck and 2 ambulances. They will eventually have
to look at different apparatus but not because of building height. What would change would be
use of a small vehicle as a medical assist instead of a big fire truck.
The Chief then enumerated requested resources including:
a. Restoration of the position cut in 2019 so there will be 10 firefighters per
shift. The Chief noted the impact on quality of life with excess overtime. He
said that one employee worked 478 hours of overtime which equates to 47%
of total hours. 25 employees worked a total of 5,647 hours. The minimum
hours of overtime worked was 112.
b. Hiring of 6 additional Firefighters to staff the second ambulance. The Chief
noted that just today they had 4 mutual service responses. They cannot
handle all the calls they are receiving, and “mutual aid” is no longer “mutual.”
c. Restoration of the Deputy Chief position to ensure contingency among shifts,
coordinated training, a “second in command.” Chief Lock noted South
Burlington is the only career department in Vermont without this position.
Emerging issues include:
a. Recruitment
b. Retention
c. Leadership and administration
d. Fire stations: accommodation for diversity, windows/doors, general rehab,
and fire sprinklers (the Chief noted this is the only station he has ever worked
in without sprinklers. They are required in city buildings, but the Fire Station
hasn’t got them)
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3 JANUARY 2023
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The Chief then spotlighted the following:
a. The operational staff – who never complain and have made sacrifices too
numerous to name
b. Prevention staff – focused on customer services and insurance that codes are
followed
c. People leaving because they are “sick of working all the time.” The Chief
stressed that they won’t survive another summer like 2022.
8. FY24 Budget: Council discussion of the overall budget prior to the public hearing
and provide direction to staff:
Ms. Baker noted that the next Council meeting will include a public hearing on the budget.
Ms. Emery said she supports the 5.75% increase as they need to meet the needs of a growing
population. Ms. Riehle said she is there as well.
Sen. Chittenden said he is generally in the same ballpark. He asked which positions are being
funded. Ms. Baker said one FTE in Parks Maintenance, one Police Officer, a 30th Firefighter and
a Deputy Fire Chief, and 6 months of 6 people to staff the second ambulance. Sen. Chittenden
said he supports that.
Mr. Barritt said they have no choice if they want to continue to provide city services. He also
cited the issue of inflation.
Ms. Riehle said if they don’t provide these things, the city will lose more good people. She
noted that for the next year, she is looking to support the Climate Action Plan with ARPA money.
After that, it will be in the general budget.
Sen. Chittenden asked about reducing the City Center reserve fund, though he did not advocate
for that. Ms. Baker said they did consider that, but it would create a hole they would still have
to climb out of in the future. She stressed that the TIF is performing very well. Some buildout
and redevelopment is still needed.
Mr. Barritt said he hoped the city can find good people to hire. He urged getting into the High
School as soon as possible. Ms. Baker noted that one of the new Police Officers is a SBHS
graduate.
CITY COUNCIL
3 JANUARY 2023
PAGE 8
Ms. Machar noted that the new CIP includes the Spear Street project.
Mr. Barritt cited the need to educate the public about the proposed budget.
Ms. Baker said she will put together a summary for the 17 January meeting. She also thanked
Ms. Machar for her work on the budget.
9. Discuss regulating heating systems in existing residential and commercial
properties and possible direction to staff:
Ms. Baker reviewed the history and asked if the Council wants staff to explore this. Mr. Barritt
said there is still no answer as to whether the city can charge a fee for non-electric systems.
A majority of members asked staff to explore this.
10. Discuss ARPA allocation next steps and provide direction to staff:
Ms. Baker said there are a lot of requests.
Ms. Emery reviewed her ranking of requests. She noted that for city staff to implement the
Climate Action Plan would add up to $1,980,000. Other items include dog waste bag
dispensers, ($70,000), $200,000 to leverage money for a shared use path on Hinesburg Road,
$50,000 for a replanting plan. Questions include things from the Energy Committee and
Planning Commission, Economic Development and a cultural plan
Ms. Emery also questioned what could be done regarding childcare and said she would like Ms.
Dooley to look into this. Ms. Riehle said she thought this was an important piece but didn’t
know a dollar figure. She thought they might look into grant money.
Ms. Baker asked if there are areas to continue to explore and when should staff come back to
the Council. Ms. Riehle said ARPA money doesn’t have to be allocated in the next month or 2.
She also hoped Legislators could do something with ARPA funds and noted that childcare is a
huge issue state-wide. Mr. Mittag said there are vacant buildings that could be used for a
childcare center. He cited the former Sears Auto building at UMall. Ms. Riehle said the city
doesn’t own that building. She suggested a group could explore options and come back to the
Council with information (e.g., possible partners).
CITY COUNCIL
3 JANUARY 2023
PAGE 9
Ms. Baker said she will come back to the Council in February re: childcare and leveraging funds.
She suggested a robust discussion in April.
Ms. Riehle suggested a small amount of money for a consultant to do some of the research.
Ms. Emery said she would rather use the money for something the city needs.
Ms. Emery also spoke of her concern with housing turning into airbnbs. She said she is
contacted every week about this.
11. Discuss and approve the annual City Manager’s evaluation process and potential
contract renewal:
Ms. Baker referred to her memo and outlined a proposed timeline. She said she would like to
re-negotiate her contract. She was not looking for any changes in FY24. One change she is
suggesting is to add a key stakeholder evaluation (e.g., unions, South Burlington Land Trust,
School District, committee members).
Ms. Riehle noted that on the form they fill out, there is a section on supervision. She didn’t feel
able to evaluate skills of supervision of staff. She suggested eliminating that. Ms. Baker said
that feels awkward to her as that is about 60% of how she spends her time. She suggested
evaluating it under “leadership comments.”
12. Other Business:
Ms. Emery asked if there is any news on the request for ARPA funds for the Wastewater
Treatment Plant. Ms. Baker said the city is definitely not in the running for that. However, if any
funds remain after the allocations to smaller communities, the city could be in the running for
those funds.
13. Consider entering a possible executive session to consider pending litigation and
the evaluation of public employees:
Mr. Barritt moved that the Council make a specific finding that premature public knowledge of
pending civil litigation and employment and evaluation of a city employee could put the city at a
substantial disadvantage. Ms. Emery seconded. Motion passed unanimously.
CITY COUNCIL
3 JANUARY 2023
PAGE 10
Mr. Barritt then moved that having so found, the Council meet in executive session to discuss
civil litigation and employment and evaluation of a city employee and to invite into the session
Mr. Mc Neill, Ms. Lafferty and Ms. Baker. Ms. Emery seconded. Motion passed unanimously.
The Council entered executive session at 9:21 p.m.
Following the Executive Session, as there was no further business to come before the Council
Mr. Barritt moved to adjourn. Sen. Chittenden seconded. Motion passed unanimously. The
meeting was adjourned at 9:50 p.m.
_________________________________
Clerk
CITY COUNCIL 17 JANUARY 2023
The South Burlington City Council held a regular meeting on Monday, 17 January 2023, at
6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation.
MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden
ALSO PRESENT: J. Baker, City Manager; C. McNeill, City Attorney; Chief S. Burke, Police
Department; Chief S. Locke, Fire Department; M. Machar, Finance Officer; T. DiPietro, Public
Works Director; H. Rees, Recreation Director; R. Fisher, Water Quality Superintendent; D.
Brayton, HR Director; M. Mott, IT Director; M. Lyons, City Assessor; J. Murray, Librarian; Dr. T.
Childs, School Board; G. Yandow, J. Nadeau, A. Cate, F. Kochman, K. Ryder, M. Norabaugh, G.
Silverstein, D. Peters, S. Dooley, D. Cappell, E. Schait
1. Instructions on exiting building in case of emergency and review of technology
option:
Ms. Baker provided instructions on emergency exit from the building and reviewed technology
options.
2. Additions, deletions or changes in the order of Agenda items:
No changes were made to the agenda.
3. Comments and questions from the public not related to the agenda:
No comments or questions were received.
4. Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended.
Ms. Baker: The Communications Union District has convened and has adopted by-laws. This
will allow the city to complete the last mile of connection for the 22 properties in the city that
are currently not served by broadband. When the project is fully underway, the Council may
want to select a representative to that board.
Three new Police officers have been sworn in and will go to the Academy in
February. Two Police sergeants have also been promoted.
CITY COUNCIL
17 JANUARY 2023
PAGE 2
There will be a special Council meeting next Monday at 6:30 p.m. followed by a
Steering Committee meeting.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve minutes from December 19, 2022, meeting.
c. Accept the Easement Deed Community Center Access Easement and Market
Street Access Public Roadway Easement from the South Burlington School
District dated 19 May 2022 and the Easement Deed 146 Market Street from
Allard Square dated 22 January 2020
d. Approve requests to the Chittenden County Regional Planning Commission for
their FY24 Unified Planning Work Program
e. Approve the acceptance of Bay Crest Drive, Irish Farm Road, Haymaker Lane,
and Harbor Ridge Road as City Streets
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed 4-0.
6. Receive an Update on the Comprehensive Plan Outreach Plan:
Mr. Conner advised that the city will host 11 public meetings in February and March. People
can attend in person or remotely. The meetings will be facilitated by Joe Segale. Each meeting
will focus on a different consideration (e.g. transportation). Mr. Conner noted that he had met
with committee chairs and liaisons today to review what the Planning Commission has done
and what is anticipated as future growth. The facilitator will gather public feedback on all of
the areas using the Comprehensive Plan goals as a focus. This will be paired with other
outreach as well as an on-line poll through City News. Committees will be asked to share
additional issues with staff and with the Planning Commission. One of the key topics will be
Public Safety/Public Works needs, and the public will be asked to share what they are
hearing/experiencing in the community. Ms. Baker noted that those 2 areas make up 75% of
the city’s budget. Mr. Conner noted that refreshments will be available for those who attend in
person.
7. Receive an Update on the Auclair parcel; consider allocating $309,033 from the
Open Space Fund to support the Vermont Land Trust acquisition conditioned on a
Right of First Refusal and approve a memorandum documenting the conservation:
CITY COUNCIL
17 JANUARY 2023
PAGE 3
Mr. Conner reviewed the history. He said the parties are getting ready to close on conservation
of Parcel “B” and are inviting the Council to release funds allocated for this purpose.
Mr. Barritt asked what the excluded areas are. Mr. Conner said one is at the north end of the
property and will allow Bread & Butter Farm to provide some housing. He showed this area on
the map. It encompasses 13 acres, and the city has a right of first refusal for those acres.
Mr. Barritt moved to allocate the remaining $309,033 from the City’s Open Space Fund toward
the VLT acquisition of the Conservation easement on Parcel B, conditional on the execution of
the acceptable Right of First Refusal on the so-called “excluded area” of 13.41 acres of Parcel B.
Ms. Emery seconded. Motion passed 4-0.
Mr. Barritt then moved to approve the Memorandum documenting the conservation,
agricultural, recreational, and other public benefit outcomes of the City’s total approximately
$915,000 funding. Ms. Emery seconded. Motion passed 4-0.
6. Public Hearing on the FY24 all Funds Budget and Capital Improvement Plan:
Mr. Barritt moved to open the public hearing. Ms. Emery seconded. Motion passed 4-0.
Ms. Baker introduced the Leadership Team members present at the meeting. She then
outlined the challenges they had encountered in preparing the FY24 budget:
a. Inflation
b. COLA at 6.4%
c. COVID recovery
d. Maintaining services
Grand List growth was at 1.75% of which 10% was in the City Center Grand List.
The goals of the FY24 budget included:
a. Addressing inflation
b. Capacity to maintain the city’s parks
c. Restoring Police positions and the Deputy Police Chief
d. Maintaining public works
e. Restoring Firefighters
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17 JANUARY 2023
PAGE 4
f. Restoring the Data Analyst position
g. A second ambulance (21% of South Burlington calls are now having to be
handled by other communities)
The proposed budget accomplishes these goals in 2 years.
The current budget represents a 5.7% increase which would cost the average condo owner
$78.00 for the year and the average single family homeowner $117.00 for the year.
With regard to Enterprise Funds, Ms. Baker noted that there would be a 1.64% increase in
Stormwater fees ($1.44 for the year), an 8.34% increase in Wastewater charges ($30.00 for the
year), and an 8.5% increase in water charges ($23.00 for the year, which includes additional
water storage capacity).
The budget also includes the voter approved 1 cent Pennies for Paths and 1 cent Pennies for
Open Space. Ms. Baker noted that 86% of the city’s buildings are within half a mile of a shared
use path, and 88% of the city’s buildings are within half a mile of a park/open space.
There will be two ballot items on the March ballot: the final TIF district vote for 4 projects and a
bond issue for upgrade to the Bartlett Bay Treatment Plant.
Emerging issues include:
a. Executive Team transitions
b. Regional dispatch
c. The bond vote on the water storage facility
d. Recreation Center
e. Marathon Health negotiations
f. Fire code bargaining agreement
There will be 3 informational meeting in February and March including a “Love Your City”
meeting on Valentine’s Day.
Public comment was then solicited.
Mr. Kochman questioned whether the budget could be modified between now and Town
Meeting Day. Ms. Baker said the budget would be set with a vote at this meeting. It could be
CITY COUNCIL
17 JANUARY 2023
PAGE 5
changed mid-year, if needed. Mr. Kochman noted the hefty increase and said he would hate to
see the budgeting dragged out.
Ms. Riehle said she has been “sniffing” public response. She also noted there are some things
not in the budget because they would have been too costly. She stressed that the Council feels
this is an appropriate budget request to address the services the public wants.
Mr. Barritt said the budget was a real “balancing act.” He cited issues of inflation and “human
capital concerns.” Some people have been working many hours of overtime because of
understaffing which is a quality of life issue. He noted that the Council usually aims for a 3%
increase.
Ms. Emery cited the need to invest in Fire and Police who need to be there for the community.
She stressed the city does not want to lose the personnel it now has.
Mr. Pfifer referred to a letter he wrote regarding a 911 call and mutual aid. He appreciated the
support for public safety and noted the issue of recruiting and retaining Police and Fire
personnel. He said this is not an “emerging issue”; it is here. The hours put in by Firefighters
needs more attention.
Ms. Riehle said the Council agrees, and that is why they are trying to address this as best they
can. The effort needs to continue. Ms. Riehle also cited how proud the city should be of what
those departments have accomplished with not as much budget as the Council would have
liked. She also encouraged Mr. Pfifer to write a Letter to the Editor with his thoughts and to
urge passage of this budget.
As there was no further public comment, Ms. Emery moved to close the public hearing. Mr.
Barritt seconded. Motion passed 4-0.
8. Budget Discussion and approval of a FY24 General Fund, Capital Improvement
Plan, and Enterprise Fund budgets with direction to send all to the Steering
Committee and the voters:
Ms. Emery moved to approve the Resolution amending the Capital Improvement Plan for fiscal
years 2024-2033. Mr. Barritt seconded. Motion passed 4-0.
CITY COUNCIL
17 JANUARY 2023
PAGE 6
Ms. Emery moved to adopt the FY24 General Fund, Capital Improvement Plan, and Enterprise
Fund budgets, including ARPA funds. Mr. Barritt seconded. Motion passed 4-0.
9. Approve the 2023 Town Meeting Day Warning and set the Public Hearing for
March 6, 2023 at 6:30 p.m.
Ms. Emery moved to approve the 2023 Town Meeting Day Warning and ballot language and set
a public hearing for 6 March 2023 at 6:30 p.m. Mr. Barritt seconded. Motion passed 4-0.
10. Consider and Possibly Approve an update to the Purchasing Policy:
Ms. Baker noted the effort to modify city policies. She thanked Ms. Machar for her leadership
in this effort.
Ms. Machar said the policy includes the process by which federal grants should be managed as
well as a purchasing policy. This was recommended by the State Auditor. The VLCT purchasing
policy was used as a model for this policy.
Mr. Barritt pointed out some typos to be corrected.
Mr. McNeill suggested having staff review the entire document and bring it back to the next
meeting. Members were OK with this.
11. Consider and Possibly Approve an update to the Grant Policy:
Ms. Emery moved to approve the updated Grant Policy as presented. Mr. Barritt seconded.
Motion passed 4-0.
12. City Pension Plan Asset Update – Net performance Report from the City’s Pension
Fund Manager:
Mr. Cappell of SEI reviewed the Executive Summary. He noted this was the second worst year
of the past century on both the fixed income and the equity sides. It is anticipated that the new
year will have many of the same headwinds, and there are fears of recession around the globe,
especially in Europe. The Fed is expected to continue raising interest rates up to 6.1% to bring
down inflation without going into recession. There are also fears of a slowing economy.
CITY COUNCIL
17 JANUARY 2023
PAGE 7
The good news was a positive return in the fourth quarter, just over 7% which brought the total
year to a -11.65 return. Mr. Cappell felt the city’s portfolio is well diversified and designed to
perform well in the long term.
Mr. Cappell also noted that in October 2022, some investment managers were replaced.
Mr. Cappell then showed a chart of changes in bond yields which allow compensation for taking
risks. It is not anticipated that bond yields will return to where they were.
Mr. Cappell then showed the City of South Burlington Defined Benefit Plan review which
indicated only one positive asset class last year. He noted that there are some positives in the
beginning of this year, and it is not anticipated that this year will be as difficult as the last.
The international equity market review was not as bad, and there was not as much fear of a
recession because of the invasion of the Ukraine. There also wasn’t overly cold weather and
the need to heat homes.
Mr. Cappell then reviewed economic themes as follows:
a. There are not enough workers anywhere, particularly in the service
industries. The U.S. has the tightest labor market. Worker compensation has
gone up in order to address this, and this could be a problem with recession.
b. The question remains as to when the Fed will pivot. The anticipation is the
middle of the year, but it will happen only when the economy lands in a
“divot.”
c. Policy rates surged in 2022 with more increases on the way, and they are not
likely to return to where there were.
Mr. Barritt questioned where the workers went. Some retired. 600,000 died of COVID, half of
whom were employed. Some fell victim to opioid addiction. Some cannot find housing due to
the housing crisis. Mr. Barritt also noted the effect of the pandemic on young people entering
the workforce. He felt this problem will continue for a long time.
Ms. Riehle also noted that the lack of child care also had an impact on the workforce.
CITY COUNCIL
17 JANUARY 2023
PAGE 8
Mr. Barritt said a decent immigration policy would reduce the problem.
Ms. Emery asked what will turn this around. Mr. Cappell said it is important to look at the long
term. The market is accepting that there will be a higher cost of capital. Rates could be higher
for longer. He did not, however, see the need to make drastic changes but possibly review the
situation again in August.
Ms. Riehle asked about PPP money that wasn’t spent. She felt this should be returned, but
companies are sitting on it. Mr. Cappell said he wished he had an answer for that.
Mr. Barritt said one upside is the freezing of Russia out of the gas market. Raw material costs
are also going down as well as the cost of solar panels.
13. City Pension Actuarial Update – FY22 Pension Valuation:
Mr. Schait reviewed the two funding methods: Unit Credit and Entry Age Normal (which has a
higher liability now but slows over time). He noted that in 2019 the city’s plan was frozen to
new entrants, and the plan will slowly become more mature until all members retire.
Mr. Schait then showed a chart of recommended city contributions based on a growth value of
assets. This will increase this year.
Mr. Schait reviewed the funded status of the plan in actuarial value. Accrued benefits are
98.92% funded (95.2% in market value) and entry age normal liability is 87.93% funded (82.73%
in market value). He then reviewed the historical funded status and compared South
Burlington’s numbers to other communities. He said South Burlington is very well funded and
not in a bad spot now.
Mr. Schait then reviewed mortality assumptions, employee turnover (unchanged), long term
rate of return (unchanged at 7.25%) and assumed retirement age (53 for public safety workers
and 65 for non-public safety workers). There are 68 active employees in the plan (a number
that is shrinking over time). 52 have left employment but are not taking benefits. 93 are
getting monthly payments (a number that is growing). The average age of employees is 41.45
for public safety and 56.47 for non-public safety. The average retirement age is 63.89 for public
safety and 75.65 for non-public safety.
CITY COUNCIL
17 JANUARY 2023
PAGE 9
16. Consider adopting a Short-Term Rental Ordinance and associated implementation
steps and provide direction to staff:
Ms. Emery reviewed the history and noted receipt of emails from residents regarding being
bought and turned into short-term rentals. Sources of concern include the loss of the character
of neighborhoods, the competition with the hospitality industry, and the non-payment of
Rooms and Meals taxes. People are skirting the regulations such as the one-acre minimum and
the requirement for the owner to live in the building.
Ms. Emery also noted that the Affordable Housing Committee is eager to see something
brought forward. She suggested staff look at some language and draw up a proposal including
what they can do with current staffing and what additional staff may be needed.
Mr. Barritt said he liked the spirit of this and cited the need to take action. He was particularly
concerned with the non-payment of Rooms/Meals taxes. He supported a rental registry both
for long- and short-term rentals.
Mr. Barritt also noted a safety concern from the Fire Department for smoke alarms, etc., when
older homes are rented out. He felt there should be hard-wired, interconnected smoke alarms.
Mr. Riehle agreed this should be looked at. She also liked a connection to a rental registry. She
cited safety issues when buildings are not maintained.
Ms. Riehle asked Sen. Chittenden if he has heard anything Statewide. Sen. Chittenden said he
had not heard anything about rekindling State interest in a Statewide Rental Registry. He
agreed with Mr. Barritt about safety concerns and supported South Burlington pursuing a rental
registry. Ms. Riehle noted that communities differ, and what would work in South Burlington
would not work in Barnet. She suggested the State could come up with some options, but she
felt each community should handle this on its own.
Ms. Emery suggested beginning with the LDRs as a lot of homes are out of compliance.
Ms. Baker said the real magic is having the staff to enforce the regulations, and that should be
done first. She felt staff would be very responsive to that. She asked for time to bring this back
to the Council when there is a new Council, as this is a long-term issue.
CITY COUNCIL
17 JANUARY 2023
PAGE 10
Mr. Barritt noted that the shine is wearing off the airbnbs because of the non-advertised costs
(e.g. cleaning costs).
Ms. Baker said as the community changes to a majority of residents living in rental units, there
has to be thought about drawing those people into the picture of the community. The safety of
all residents has to be considered. Ms. Riehle said it is important to connect that to the
Comprehensive Plan.
17. Opportunity for Councilors and the public to share information and resources on
Climate Change:
Ms. Emery said she was heartened that ecosystems are being looked at in Vermont. These are
the basic living blocks of civilization and important in the long term.
Ms. Emery also cited the need to invest in public safety.
18. Other Business:
No other business was presented.
19. Consider entering executive session to consider negotiating and securing a real
estate purchase:
Mr. Barritt moved to enter Executive Session for the purpose of discussing the negotiation or
securing of real estate for purchase or lease by the City of South Burlington, inviting into the
session Ms. Baker and Mr. O’Neill. Ms. Emery seconded. Motion passed 4-0. The Council
entered Executive Session at 9:35 p.m.
As there was no further business to come before the Council Mr. Barritt moved to adjourn.
Ms. Emery seconded. Motion passed unanimously. The meeting was adjourned at 9:50p.m.
_________________________________
Clerk
104 Landfill Road, South Burlington, VT 05403 www.southburlingtonvt.gov tel 802.658.7961
Memo
To: South Burlington City Council
From: Thomas J. DiPietro Jr., Director of Public Works
Cc: Jessie Baker, City Manager
Date: February 3, 2023
Re: Certificate of Highway Mileage for the year ending February 10, 2023
_______________________________________________________________________________ The State of Vermont requires that South Burlington’s highway mileage be documented for the
purpose of allocating the legislature’s appropriation of annual town highway aid. This is mandated
by V.S.A. Title 19, Chapter 3, sections 305 and 306. Updating the City’s road mileage also enables
VTrans to produce maps and data that are used by the public, local and state government, and
VTrans.
Municipal governing boards are asked to certify Class 1, 2, 3, and 4 town highways and legal
trails by February 10 of each year using a form provided by VTrans during the first week in January.
Attached to this memo please find South Burlington’s highway mileage certificate for the year ending
on February 10, 2023. The following roads are being added on this year’s form:
• Irish Farm Road – Accepted by council on January 17, 2023
• Bay Crest Drive – Accepted by council on January 17, 2023
• Haymaker Lane – Accepted by council on January 17, 2023
• Harbor Ridge Road – Accepted by council on January 17, 2023
In addition, as part of a previously completed capital project, the City removed Picard Circle and
utilized that area to install a large stormwater infiltration area. The attached form removes that street
from the City’s road inventory.
Included with this memo are location maps and warranty deeds for each road. I recommend that
council make a motion to approve the attached South Burlington Certificate of Highway Mileage for
the year ending on February 10, 2023.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
To: Jessie Baker, City Manager
From: Ilona Blanchard, Community Development Director
Subject: TIF District Certification of Increment and Annual Report
Date: February 3, 2023
Background:
The City is required to report annually to the Vermont Economic Progress
Council (VEPC) on the status of the South Burlington TIF District. Annual
reports cover the prior fiscal year and the grand list against which taxes are
levied in that fiscal year versus the TIF District’s Original Taxable Value (in
2012).
The City Tax Assessor and a second reviewer must also certify as to the
amount of increase or decrease in taxable value to the City Council.
This Annual Report is on FY2022 (July 1, 2021 – June 30, 2022) expenditures
and changes and events during this period. It also reports on 2021 Grand List
(value and number of parcels/acres as of April 1, 2021) relative to the Original
Taxable Value.
Taxable Value Certification. Each year the City Assessor certifies the
increase/decrease in taxable value of the TIF District as compared to the value
on the April 1, 2012 (the Original Taxable Value). See attached certification
for the 2021 Grand List.
The taxable value for the 2021 Grand List is $65,798,000 in Municipal taxable
value and $64,961,910 in Education taxable value – an increase of
approximately $15 million in taxable value over the 2020 Grand List.
Note that 2021 is the year that the reappraisal values were reflected in the
Grand List. Nearly every property increased in value due to the reappraisal.
The development that this grand list reflects, aside from bringing the assessed
value closer to market value, is that construction was initiated on Dover Place.
The Original Taxable Value is $35,387,700, thus, the increase in taxable value
is $30,410,300 for Municipal taxable value and $29,574,210 for Education
taxable value. Although the incremental property value increased, note that the
municipal tax rate decreased during this period. The increment for FY 2022
was $418,122. This is equal to 75% of the taxes levied on the increase in value
on the 2021 Grand List.
Annual Report. Staff completes a form which provides a summary of changes
to parcels within the district in FY 2022 including development that has
occurred, project expenditures that have been made, debt that has been
incurred, expenditures to VT firms that have been hired by the City,
employment created and businesses that have opened, and progress towards the
criteria that were used to approve the TIF District.
TIF District Financing. At the completion of FY2022, the City had incurred
$10,429,962 in TIF District financed debt.
Changes to Individual Parcels. In FY2021 one property was sold by South
Burlington City Center, LLC to Dover Place, LP, becoming an active tax
parcel.
The State’s tax department, as per statute, considers contiguous lots owned by
the same entity to be one parcel. Thus, as landowners buy or sell off adjoining
lots these become inactive (adjoining, same owner) or active (adjoining,
different owners) in terms of the Grand List. Adjoining lot values owned by
the same owner are reflected in only one active lot, with the value and area of
adjoining inactive lots aggregated and represented within with the active lot
value and acreage.
Sources of Non-TIF Revenues. The City also reports all non-TIF revenue
expended on project costs. Note that line 1 “Reserve Fund” column “Total
Amount Secured for Each Source” is not being updated and does not reflect
either the amount secured or the balance of the City Center reserve funds as
these are used primarily for debt and not project costs. The line “Other
Reserves” includes revenues from the City Center Reserve fund, Energy
Reserve Fund and the Clerk’s Reserve Fund.
Economic and Community Indicators. The City also reports on TIF District
private development, employment, housing and transportation, funds paid to
Vermont firms, and this year as with last year, on COVID-19.
Attachments: • FY 2022 Annual Report
• Assessor and 2nd Party Reviewer Certification
• TIF District at a Glance
Recommendation: Accept Certification of Increment and Presentation of FY 2022 Annual Report
I.
Municipality & District Reporting Period:
Name of Person Completing Report Grand List Year:
Title
Email Address
Telephone
Date Report Completed
II.
OTV Total Acres
OTV Total Parcels
Current Acres
Current Parcels
Municipal (General Fund)
Homestead
Non Residential
1
2
3
4
5
6
Total TIF Revenue
Source
1
2
3
4
5
$ 35,387,700
$ 1,094,200
$ 34,293,500
Municipal
Homestead- Education
Non Residential- Education
Tax Increment Financing District
Vermont Economic Progress Council
Vermont Department of Taxes
VEPC Staff Contact Information:
Angie Farrington, (802) 461-6421, angela.farrington@vermont.gov
July 1, 2021 - June 30, 2022South Burlington: City Center TIF District
2021Ilona Blanchard
Community Development Director
iblanchard@southburlingtonvt.gov
802-846-4123
1/15/2023
NOTE: All information reported on this form by the municipality must be for the Reporting Period and Grand List Year identified above.
Base Data (Original Taxable Value)
103.37
85
District Information:
TIF District Data:
Reports are due on or before January 15, 2023
Please submit reports to accd.vepctifannualreport@vermont.gov
Parcel Information
103.67
46
$ 35,387,700 Total Education
Taxable Values as of April 1
Tax Rates Applied to the April 1 Grand List
0.4350$
1.3249$
65,798,000$
1,385,200$
63,576,710$
64,961,910$
Municipal
Homestead- Education
Non Residential- Education
Total Education
1.4389$
Increase (Decrease) in Taxable Values (auto-calculated)
List Special Municipal Tax Rates
-$
-$
-$
-$
-$
-$
291,000$
29,283,210$
29,574,210$
Municipal
Homestead- Education
Non Residential- Education
Total Education
TIF Increment Revenue Retained for Reporting Year
99,214$
Non Residential- Education
Total Education 0.4350$
-$ Total Special Municipal Tax
Total Municipal (General Fund)
& Special Rates
2,892$
316,017$
Other TIF Fund Income
Education Municipal Total
30,410,300$
-$
Interest Income on TIF Debt Proceeds 237$
-$ -$
318,909$
418,122$
Municipal
Homestead- Education
Interest Earnings -$ -$
-$ -$
-$ -$
Total:-$ -$ 237$
1/8
1
2
3
4
5
III.
Public Vote Information. Check the appropriate box. Make sure to provide the date if information has been submitted to VEPC.
Yes there were public votes and/or debt obligations during this reporting period.
Vote and debt obligation documents were submitted to VEPC. (Enter date submitted)
Vote and debt obligation documents are uploaded with this report.
Term
in
Years
Interest
Rate
Terminated1 30 3.39%
11 5.60%
2 17 2.21%
3 16 2.03%
Total
No
Interest Paid Yes, please provide details.
Fees/Other Costs Paid
Total Paid
Direct Payments: Enter the total amount of any TIF direct payments made
during this period.-$ Date Approved by Voters:
Changes to Individual Parcels
Describe Change
one lot purchased in new ownership of .79 acres (Dover Place)
600-188-18249 lot sold from parent parcel (SBCCLLC) reducing parcel size to 29.26 acres
SPAN Number
600-188-18249
600-188-14489
1/1/2016-12/31/2025Example: Main Street Lights - General Obligation
Bond
2017 TIF DEBT (Market St/CC Park)
New Debt:
3,750,000$ 500,000$
2,243,694$
Total Payment
for Reporting
Period
Additional Information
In the 2021 Grand List a city-wide reappraisal was applied changing the value of all parcels - all of which increased in value except two. The City's municipal tax
rate decreased from .5542 to .4350.
Votes and Financing:
Debt Instruments
Remaining
Principal
Balance
TotalInterest
Existing Debt:
No public votes or debt obligations occurred during this reporting period.
3/8/2022
Principal
Period
(ie. 1/1/2016-
12/31/2026)
Infrastructure and Debt
2020 TIF DEBT (City Hall/Senior
Center/Public Library)
2022 TIF DEBT (City Hall/Senior
Center/Public Library
8/2/2017-11/1/2037
8/6/2020-11/1/2036
5/1/2022-11/1/2037
5,000,000$
5,000,000$
429,962$
10,429,962$
87,100$ 5,000,000$
3,250,000$
Refinancing. Was any portion of TIF District debt refinanced during this reporting
period?Annual Debt Service
Principal Paid -$
251,585$
-$
251,585$
Additional Information
1,032,165$
95,751$
3,371,609$
7,243,694$
6,032,165$
525,713$
13,801,572$
2,352$ 429,962$
251,585$
340,909 2,950,000$
162,133$ 5,000,000$
10,429,962$
2/8
IV.Closed1
2
3 X
4
5
6 X
7 X
8
9
10
11
12
Recreation Impact Fee (City Special Fund) $ 123,364 $ 123,364
CCRPC - Williston Road Streetscape (Federal, 2016) $ 100,000 $ 67,579
$ 14,452,796 $ 1,230,290
$ 3,350
$ 13,078
$ -
$ -
$ 12,492
$ 5,485,665
$ 1,560,273
$ 52,661 $ - $ 83,497
29,144$
General Fund (all years)
Market Street Federal Grants (2010)
Roadway Impact Fees (City Special Fund)
$ 2,200,000
$ 12,492
$ 5,485,695
$ 1,560,273
$ -
Federal Aid-Williston Road Streetscape $ 800,000
CCRPC - Pedestrian Bicycle X-ing over I-89 Exit 14 (Federal, 2017) $ 51,276 $ 70,472
$ 41,006
Municipal Debt Proceeds
$16,066.12 $13,078.05
-$
Advanced plans for Dorset Street to Midas, initiated right of way work.
Substantially completed and in use.
Project substantially constructed and opened to the public during this period.178,120$ $302,095.76
-$
74,753$
274,976$ 1,375,891$ 1,650,867$
Check
Total Amount Spent
this Period
Total
$42,668.16 32,085$
Reserve Fund (City Funded each year, established 2013)
$ 149,150
480,215$
Municipal Building - Construct a downtown City Hall which includes City functions related to the City Manager's Office, City Clerk, Planning and Zoning, and
the Tax Assessor's Office.
Project substantially constructed and opened to the public during this period.$983,347.19 983,347$
Federal Aid-Iby Street City Center Park
1,650,867$
10 Library - Provide a downtown Public Library separate from the High School as an integral part of the community by providing informational resources for
educational and recreational needs of the community in an atmosphere that is welcoming and accessible to all, where communication of ideas,
enlightenment of its citizens and personal enrichment can occur.
12
Name of Improvement
27,638$
City Center Park/Dumont Park - Create a City Center park with entries and permeable and hardscape trails through the Dumont Park Property and
potentially Tributary 3 vicinity serving City Center. Improve stream as necessary to utilize area within the 100 ft. onservation zone, and provide bridge
crossings. Add landscaping and furniture to enhance and protect natural area and make park inviting.City Center Park (Dumont & Tributary 3) - Develop
passive recreational infrastructure to build value into surrounding developments by providing adjacent greenery and natural area (woods and stream) park
infrastructure.
2
Phase I substantially completed and in use. Phase II initiated: land surveyed, borings
taken, and design (alignment & character) begun.
Project substantially constructed and opened to the public during this period.
9
4
5
6 Williston Road Streetscape - Build streetscape on Williston Road from Dorset Street to Hinesburg Road, north and south side to reduce pedestrian/bicycle
vehicular conflicts, reduce the number of access points, and make alternative mode facilities more comfortable and safe. In the future, this roadway will
serve as a gateway to City Center.
Addressed stormwater needs (soils analysis & system design), lighting location, and
utility conflicts in design.$10,251.60 $41,006.41 51,258$
Garden Street - Design, obtain right-of-way for and construct a street between Dorset Road at the Healthy Living access drive to Midas Drive, reconstruct
Midas Street as needed as a commercial street and reconstruct the White Street/Williston Road intersection so that it functions as a standard cross
intersection.
Market Street - Reconstruct Market Street from Dorset Street to Hinesburg Road. Street will be reconstructed with a streetscape, utility infrastructure, and
street furniture.
Senior Center (Added by Substantial Change October 2018)
$27,638.29 -$
8
Improvements and Funding:
Improvement Expenditures
Total Improvement
Expenditure for this
report period
The amount paid with
Non-TIF Revenues
The amount paid with
TIF Revenues
Of the Total Expenditure listed:
Sources of Non-TIF Revenues
Total Amount Secured
for
Each Source
Total Amount Spent
to Date
Pedestrian/Bicycle Bridge over I89 - Design and build a pedestrian/bicycle bridge over I-89 in the vicinity of Williston Road so that these alternative modes
are not crossing four accesses to I-89 and traveling directly adjacent to traffic.
City submitted grant application, received award from USDOT (67/33 match);
partnered with Vtrans & FHWA, issued RFQ, awarded design contract and launched
design phase public outreach.
232$ $4,278.80 4,511$
Efficiency Vermont Rebate $ 5,600 $ 55,000 $ 55,000
Electric Vehicle Supply Equipment Grant $ 87,836 $ 87,836
3/8
13
14
15
16
1
2
3
4
5
6
V.
Other Reserves $ - $ 350,550 $ 27,390
No development activity during this period.
1,844,600$
5,216,800$
No development activity during this period, although new businesses moved into existing vacancies.
Dorset Square Associates (Blue Mall) - A portion of the Dorset Square Associates is available for redevelopment on Dorset Street.
Mary Street LLC (Russell Properties Only) - 40,000 to 50,000 square feet to be developed as a hotel or residential housing.
-$ Total
Check -$
Performance Indicators:
Standard
Real Property Development
South Burlington City Center - Approximately 800,000 square feet to be developed over 20 years. Conceptualized several years ago as 50%
commercial, likely to be 75% residential, 25% commercial if built now. The 800,000 square feet may include 75,000 square feet of
institutional development (non-taxable).
16,223,100$
Dover Place, a 45 unit affordable housing project was completed and leased out in 2022 (foundation and parcel only
reflected in 2021 Grand List value at $920,000). Snyder-Braverman also broke ground on Union Place, their first
market rate housing project on the site, which will have 60 housing units. Increase generally due to a reappraisal.
1
Malone Properties (Trader Joes and Healthy Living) - Malone Properties is obtaining permits to develop 12,800 square feet of retail for a
Trader Joes and 14,000 square feet for retail and office tenants to be determined. Should market demand in the area increase and
parking/stormwater be resolved there may be infill development.
6,824,400$
No activity during this period.2
3
4
-$
-$
-$
-$
-$
-$
-$
-$
-$ -$
-$
-$
-$
-$
-$
-$
-$
-$
-$
-$
The amount paid with
Education RevenueList and describe the related cost(s)
Administration - RHR Smith - Annual TIF Audit - $2000 (not reimbursed yet)
Administration - RHR Smith - Annual TIF Audit - $2000 (not reimbursed yet)
Implementation - Stitzel Page & Fletcher - legal bond review - $360 (not reimbursed
yet)
$ - $ 680,075
$ 23,153,688 $ 1,375,891
The amount paid with
Municipal Revenue
Total Cost for this
report period.
Total
Library Foundation (incl. Blanchette)
Non-TIF Revenues Reported under Improvement Expenditures
Related Costs
$ 10,510,033
Federal RAIZ Grant $ - $ 928 $ 928
Poon Trust LLC - Approximately 60,000 square feet to be development as residential, with commercial on the ground floor should the market
support it.
Permits were obtained to renovate the existing building to add a restaurant, increase in value due to reassessment.
1,212,700$
$ 1,375,891
5
Various San Remo Drive Properties - 120,000 square feet to be developed in multiple projects on non-designated San Remo Drive properties
to meet existing business expansion needs or accommodate new businesses. Most would be 3,000-4,000 SF, with one or two full scale
redevelopments on larger parcels such as owned by Champlain Oil, Champlain Farms or PC Construction.
No development actvity during this period, although new businesses opened in existing or renovated spaces. The
reassassed property values for the San Remo Drive area are an increase of 37% over 2012, one of the more
undervalued set of properties in the TIF District.
20,576,500$
6
Miscellaneous $ - $ 4,848 $ 4,848
4/8
1 11
2 12
3 13
4 14
5 15
6 16
7 17
8 18
9 19
10 2052 92 45 (33 from Dorset Street)
Total Jobs Increase (Decrease)58
48-49 72
51 81
42 62
44-45 1 71 (2)1 moved outside District
23 4 56
31-33 61 7
21 54
22 55
Jobs at June 30, 2021
NAICS Code Increase or
(Decrease)Previous Location (if known)NAICS Code Increase or
(Decrease)Previous Location (if known)
11 53 3
55,141,600$ Total
Employment Opportunities
New employees fulfilling the performance standard for the TIF District were reported in 2014. In FY2022, no new direct employees were
reported.
Additional Information
Furniture, Fixtures and Equiptment expenditures and revenues for the Library, City Hall and Senior Center are excluded from all Annual Reports. They
have been tracked within the Library Non‐TIF Expenditure & Revenue General Ledger account 280‐10‐3609 in a segregated account number. As they
are tracked within the 280 Special Fund, they will show up in the City's Annual TIF Audit for expenditures and revenues within the 280 fund.
Mandated
9
South Burlington School District - There is sufficient land area on this site that an infill building of approximately 70,000 square feet could be
located on this property.
No development activity during this period.
8
Chastenay Estates - Approximately 100,000 square feet of residential development is likely to occur on this parcel.
No development activity during this period.
7
Sonrise Partnership - Approximately 66,000 square feet of infill apartment development.
No development activity during this period. Increase in property value due to reassessment.
3,243,500$
5/8
1 11
2 12
3 13
4 14
5 15
6 16
7 17
8 18
9 19
10 20
Additional Information
Firms with places of business in Vermont are counted. Firms with places of business outside Vermont are not counted. Businesses reported ongoing
issues with finding people to fill positions, or once filled, continue arriving at work. City Hall and Library moved from South Burlington location,
adding 12 new positions.
TIF District Specific
Transportation Enhancements
Market Street has been substantially completed (reported 2020). Transportation related site improvements in the development of 180 Market Street
were reported in 2021. Additional improvements as per the TIF District Plan are in the design phase still (Garden Street, East West Crossing, City
Center Park Phase II).
Business Development
Identify Source/Method for Obtaining Jobs Information
Surveyed local businesses and institutions, received 19 responses.
Vermont Firms
Name of Vermont Firm Total amount of work
performed Name of Vermont Firm Total amount of work
performed
Camp Precast 6,775$ Spafford & Sons 905$
Cathedral Square 1,726$ Stantec 27,520$
Comfort Inn 1,161$ Stizel Page & Fletcher, PC 8,111$
Engelberth Construction 1,464,570$ Vermont Gas 37$
Fastsigns 352$ VHB 27,638$
J. Hutchins, Inc dba Landshapes 10,220$ Wiemann Lamphere 33,202$
Maja Design 3,350$ Wood & Wood Signs 4,113$
Total Amount of Work Performed 1,597,126$
Repro 167$ Curtis Lumber 302$
SD Ireland 264$
Signarama 6,713$
6/8
The new business employees fulfilling this performance standard for the South Burlington TIF District were reported in 2014.
In FY 2022, 180 Market Street (Public Library, City Hall, and Senior Center) opened in the TIF District. This moved many employees into the TIF District
and also resulted in many hires. During this period Sweet G Smoke Shop moved here from Shelburne Road. Champlain Eye & Vision opened on
Dorset Street. Flooring Solutions opened on San Remo Drive. REGEN, a health spa opened on Dorset Street. Upward Mobility, a mobility retail store
and showroom opened on Dorset Street.
7/8
Impact of COVID-19 on Public and Private Improvement Projects
There continues to be high demand for housing due to an undersupplied market which the development pause during COVID-19 did not reduce and
likely exacerbated. Inflation and rising interest rates are combining to increase outlays required to complete both public and private projects.
Housing Changes (optional)
Affordable Housing Market Rate Housing Total
New 43 0 43
Elminated 0 0 0
Current TIF District Activity: Please include details regarding FY23 activities (This can include updates regarding specific projects, potential
substantial change requests, etc.)
In FY 2022, the City secured a substantial change to right size the project list to a revised revenue projection. There are now four projects which are
approved to be on the March 2023 Town Meeting ballot: Garden Street, Williston Road Streetscape, City Center Park Phase II, and the East West
Crossing walk bike bridge over I-89.
The City held our first festival on Market Street, Illuminate Vermont.
The City Council approved a concept for the East West Crossing after an extensive public outreach process.
Union Place is under construction for completion and will be occupied by the end of the 2023 fiscal year.
Prospect Place (120 units) broke ground and will include a daycare for UVMMC.
UVM announced it is investing in four buildings in order to accelerate the projects being available for employees and graduate students by 2026 -
citing the East West Crossing as linking City Center to thier campus, and several other TIF projects, including Market Street and Garden Street where
the projects are located, and thier proximity to the new South Burlington Public Library and City Hall/Senior Center. These buildings will remain
owned by the private sector and continue to contribute the tax base. Importantly, combined with the investment in housing by UVMMC, these add
over 475 homes to City Center, and approximately 20,000 square feet of new commercial space. The developer is also permitting additional, smaller
buildings on the same site that have no timeline announced as of yet.
EMS moved into the prime retail space vacated by Pier 1 next to Trader Joes, and a few smaller businesses are opening or have plans to open.
Net Total 43 0 43
8/8
Why are we before you today?
•To discuss and approve, if voted so, to increase the lot prices.
•We, as sextons, are working diligently to bring the cemeteries up to an acceptable
level of care. These cemeteries have had little attention other than mowing over
many, many years.
•As sextons our role is very limited as most of the decision making is governed by
the cemetery commission. Some things currently require permission from the
cemetery commission to move forward which delays the process.
•Therefore, to keep things moving in a positive direction, we are asking for the City
Council to reappoint the current sextons as the cemetery commission. This will
enable us to move forward with projects as well as finishing and approving the
rules and regulations that we have begun.
•Or if not appointing sextons as cemetery commission, please consider
giving the sextons more authority.
Pricing and size of lots
We did a comparison of South Burlington’s lot
sizes verses other neighboring municipalities and
found that:
1)Our lot size is consistent with other
municipalities with a lot size of 3 ½ feet by
10 feet.
2)Our lot prices could be raised. The Sexton’s
recommend an increase in the lot price:
•$400 up to $500 for residents
•$600 up to $700 for non-residents.
In comparison, Burlington is $700 for residents
and $1,200 for non-residents and Essex’s website
shows $600
SB Sextons:
Appointed Members (Summer 2021):
Donna Kinville -Chair
Chris Thrane –Vice Chair
Maureen O’Brien -Secretary
Peter Taylor
SB Cemetery Commission:
SB Cemetery Commission (De Facto):
•Tim Barritt
•Thomas Chittenden
•Matt Cota
•Meaghan Emery
•Helen Riehle
A sexton is an officer …
charged with the
maintenance of … the
surrounding graveyard.
Origin of the name: Derive from the Medieval
Latin word sacristanus meaning "custodian of
sacred objects". "Sexton" represents the popular
development of the word via the Old French
"Segrestein".
https://en.wikipedia.org/wiki/Sexton_(office)
The town selectboard has
control and oversight over the
town’s public burial grounds
unless the town has voted to
elect cemetery commissioners.
18 V.S.A. §5367.
Digging Deep; Revised October 2017. Published by
Vermont Secretary of State Jim Condos
digging-deep-2017.pdf (vermont.gov)
Current work in Progress
•Make and record formal plat of each cemetery. Includes an
“inventory” of those resting in each cemetery.
•Finish clean up of brush at Shelburne Rd cemetery.
•Cleaning and straightening of stones in both cemeteries;
Shelburne Road 80% done.
•Improve fencing in both cemeteries.
•Approve Rules and Regulations -awaiting feedback from City
Attorney before forwarding to Cemetery Commission.
Proposed Art Project at
Shelburne Rd Cemetery
Currently the sextons has been approached to have a permanent art display at
the front of the Shelburne Rd cemetery. Although it is the intent of the
cemetery sextons to draw attention to this forgotten cemetery, we are unsure
if a permanent art display is appropriate as this space may be needed in the
future for burials plots, parking area or reflection area.
This is a cemetery commission decision.
180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.southburlingtonvt.gov
TO: South Burlington City Council
FROM: Martha Machar, Director
DATE: February 3, 2023
RE: FY22 Audit Report
______________________________________________________________________________
The report for Fiscal Year 2022 Audit work performed by RHR Smith & Company is attached. It
is a lot of information but Miranda MacDonald from RHR Smith will make a presentation on the
audit to provide an overview and answer any questions you may have on the report.
During the September 19, 2022 Council meeting, we presented unaudited end of year financial
reports and estimated a surplus of $2M. The audited financials also bring us to the same surplus
of $2M.
During multiple council meetings, the staff recommended using FY24 surplus to fund deferred
specific projects and make a transfer to the health reserve fund, the Council supported and
approved the recommendations. This resulted in a net of $258K FY22 surplus to be added to the
fund balance. With this year’s surplus, we continue to exceed our minimum 8.33% of our
operating expenditures in Fund Balance – achieving 9.20% at the end of FY22.
Listed below are the council meeting dates and the items the Council was able to fund with FY22
surplus.
August 15,2022
•Trinity Education Center - $13,000
•Fire/Ambulance critical Needs - $59,125
•Spring Paving - $200,000
September 19, 2022
•Pension – Rate of return SEI - $100,000
•Planning & Zoning staffing contingency – $150,000
•Transfer to Health Reserve Fund - $27,000
October 3, 2022
•Dorset Street Signal project - $1,228,595
The huge surplus was a result of multiple factors with COVID-19 pandemic uncertainties during
FY22 budget process as the main contributor. Revenues, especially local option tax and permit
and inspections fees, were very conservatively estimated based on assumptions in late 2020. The
180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.southburlingtonvt.gov
City also received a $97K reimbursement as a result of a workers’ compensation insurance audit
as well as COVID-19 FEMA grant revenues.
Also attached is the Management Letter to Council from RHR Smith. It contains just one
recommendation about reviewing bank monthly reconciliations. The staff have already begun to
address this recommendation. All in all, it is a very good letter.
The City continues to be better poised to be able to continue the high levels of community and
government services the members of our community enjoy.
Documents attached:
• FY22 Audited Financial Reports (Link only)
• SAS 114 and Management Letter (Council box only)
Quarterly Financial Reporting
From: Martha Machar, Finance Director
To: City Council
Subjects: Analysis of FY23, Quarter Ended December 31, 2022
Date: January 31, 2023
The FY23 financial reports for the period ending December 31, 2022 are attached. Only
summary reports for the general fund budget are included. Detailed reports can be found in the
Council box.
I am pleased to share that overall, the general fund expenses and revenues through the end of the
second quarter are on target. As we have completed half of the fiscal year, this is a good time to check-in on what we anticipate for the remainder of the year. Expenses are at 44.55% which is consistent with prior year’s spending. Revenues on the other hand are at 62.36%. The significant increase in the revenue numbers is largely attributed to some of the budget lines out-performing
conservative projections made in December 2021. Specifically, interest on investments and
electrical inspection and fire inspection revenue lines have more than doubled projected amounts. Below please find the financial narratives from department managers for the second quarter
ending 12/31/2022.
Administration: CITY MANAGER, LEGAL, ADMINISTRATION, HR, INSURANCE,
FINANCE
Overall, expenses are on target as budgeted. For budget lines that are currently underspent, timing is a factor. Some invoices are only paid during the second half of the year. The healthcare plan is running well. Our claims are under 50% at the end of second quarter. Utilization of the resources for employee wellbeing, including the health center is better than industry standard.
On the revenue side, lines that are currently showing zero revenues collected to-date are for interdepartmental or interfund transfers. These will be completed during the third quarter. Interest on investment income has more than tripled the projection at the closed of the second quarter and this is largely due Federal rate increases. The City receives 80% of Federal rate
increase from our current financial institution, TD Bank, on the depository account. The Local Option Tax (LOT) revenue continues to come in higher than last fiscal year. The second quarter allotment was 6.18% higher than the second quarter for last fiscal year. Given the
last two quarter’s receipts, although too soon to be certain, the LOT revenue will outperform our projections.
CLERK
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections):
The clerk’s office revenue is down due to several factors. Some of it is timing of when the
revenues come in and the second reason is the increase in interest rates.
Our expenses are currently slightly higher than they should be at the 6-month mark but the
majority of that is due to the elections this fall and salaries. It is expected that expenses will be
underbudget by the end of the fiscal year.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the year, particularly those included in the year’s budget presentation to
Council):
We currently are finishing up the remaining land record books being restored and preserved.
Elections took a lot of our time for the first 5 months of the fiscal year limiting what other
projects we could take on. We will be begin ramping up again for the annual town meeting in
March.
We will be going online with our land records sometime in late winter/early spring. The holdup
is waiting for the vendor to do all the background work to get us ready.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
Revenue:
Recording fees: are lower due mostly to the continued increases in interest rates, lack of
houses for sale and increased costs for home improvements. Kind of a perfect storm of
events.
Photocopy-Vital Records is under budget and expected to continue through the year and
should be more than budget at the end of the fiscal year.
Pet Licenses and Pet Control Fees and Beverage Licenses- both are lower due to the
timing of when they are due. These should be near budget at the end of the 3rd quarter.
Expenses:
Animal Control – is currently underbudget due mostly to the timing of expenses.
Election Expenses- is underbudget due to the CSWD election this past November in
which we charged them a portion of the expenses for the election.
BCA Appeals/Abatement – is over budget and will be over budget at the end of the fiscal
year due to an unexpected increase in the number of people requesting abatements and
appeals.
Photocopier lease – will be overbudget at the end of the year due to the buyout of the
second copier needed in the clerk’s office.
IT
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections): We are tracking our budget well in all budget lines in the 2nd quarter.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation to Council):
We have mostly completed our hardware purchasing for the year in the first two quarters. Our
PC rollout for this FY is complete and the new server hardware (backup server) we purchased is setup and in place. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
We will have to overspend our hardware budget line this year due to unforeseen issues with conference room technology at 180 Market St. Will likely be overspent by $3-4,000.
Our utility line is also looking to be somewhat overspent due to staff adds (new cell lines) and the need to increase bandwidth at 180 Market St.
FACILITIES
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections): Facilities finished the 2nd quarter expending 57.01% of their annual budget. Overages are due to inflation of goods and equipment, Contractor maintenance, labor increases and aging infrastructures. 7% higher than budgeted.I see that trend increasing to 12 – 14% total by end of
4th quarter. Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council):
19 Gregory Rental Space: Overseeing fit up of common corridor to CSWD ADA compliance 2nd entrance. CSWD renting old “EPS” space. Replacing lights, tiles and carpet removal in that space, cleaning space.
Fire Station #1: Upgrading Chief Locke’s office at FS#1 consisting of painting, door maintenance, installation of new carpet and removal of old. Installation of new doors with frames and fixing of interior doors at station.
Police department: Weatherization of lower windows (back side of building, where records, detectives, lunchroom, are located. Painting bathrooms at PD. Overseeing of hallways being painted
Wheeler House: Initial weatherization steps at Wheeler house. Insulate cellar hatch, windows, and 3rd floor door, foundation sill in spots. Foam infiltration holes at sill level. DPW:
Weatherization of 3 windows 2 RTU heat exchangers replacement (off cycle) of Main building (Sonny Audette) Water heater repair Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Building Maintenance Inflation of supplies and off cycle repairs see above lists
HVAC Maintenance repairs at DPW for heat exchangers was 7K alone and then we did wash bay heater replacement 7.5K
Electricity –City Hall increase due to cost of kWh increase and not have a solid read on electrical
use in building. PLANNING AND ZONING
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections): Overall expenditures are very closely aligned with planned budget through 6 months; certain areas such a consulting and stipends ware below budget at the moment but will have
expenditures in the second half of the year.
Overall revenues are strong through 6 months with over 2/3 of projected revenue received and anticipated additional permitting through the remainder of the fiscal year.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council): On the revenue side, calendar year 2023 included the highest count of new dwelling unit count
permitted. This is reflected both in the permitting line item and the affiliated non-general fund
revenues of Impact Fees. Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
Expenses
Dues and subscriptions are slightly over budget as we support staff’s professional memberships, but these will be looking at closely with expenditures for training.
Revenues
There appears to be an imbalance between the zoning & planning, and building & sign permits; while we expected to see zoning & planning (ie, DRB) a little below budget, and building & sign (ie, zoning permits) somewhat above budget through six months, there may be a mis-coding of
some revenues between these two lines. P&Z staff are working with finance to review.
RECREATION AND PARKS
Overall Summary (provide a brief summary of how your department ended the quarter/year compared to budget projections):
Both Revenues and Expenses are tracking as predicted. Below is a snapshot of the overall
breakdowns. *Note, the Illuminate Vermont project sits within a separate specialty fund. A full budget report for that will be available mid-February. Revenues: Tracking at %55
Programs: 62%
Red Rocks: 56% Facilities: 18.19% Senior Programs: 22% Special Events: 42%
Capital/Park Maintenance: 51%
Expenses: Tracking at 42% Administrative: 45% Programs: 57%
Red Rocks:56%
Facilities: 18% Senior Programs: 21% Special Activities: 42%
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council): Programs: Youth Soccer Season
Youth Basketball Season
Events: Halloween Glow Walk Halloween Decorating Contest
Illuminate Vermont
Spark the Park Senior Holiday Meal Senior Holiday Light Tour Holiday Decorating Contest
Projects: Vet Memorial Bathrooms- Nearly complete: will be operational in April
Opened Wheeler Dog Park- Opened at the end of October with great success Other: Senior Center Rentals are Booming:
Weekly Thursday Morning SB Rotary Rental
Weekly Jazzercise Rentals HOA meeting rentals Celebration of Life Rental Birthday Party Rentals
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Revenues:
Senior Programs:
Senior Program- 7% . Much of the programming is offered free of charge. Donations-0% Staffing limitations to seek sponsorship and donations. We are currently prioritizing a full volunteer schedule to allow for sustainability of programs which will then free up staff for more outreach.
Special Activities: Adult Evening Classes - 8% Minimal revenues due to limited indoor space. Ski and Ride- 0% The School District runs this program. No expense or revenue.
Expenses:
Administrative: Overtime: 129%- Due to heavy workflow of seasonal holiday programs Dues:0% Annual subscriptions will be paid in January
Printing: 0% We are no longer doing a hard copy brochure; this will be a savings.
Software Contract: 6%- Registration platform contract is a 4th quarter expense. Programs: General Supplies: 35% -Will be utilized in 3rd quarter in prep for summer season.
Advertising: 10%- Will be utilized in 3rd quarter in prep for summer season.
Red Rocks: Supplies: 3%- Will be utilized in 3rd and 4th quarter in prep for summer season. Clothing: 0%- Will be utilized in 3rd and 4th quarter in prep for summer season.
Facilities: Vehicles Maintenance: 102%- Due to aging vehicles that require service. Jaycee Electric: 91%- Due to extended rentals of the fields/facilities this fall.
Facility Improvements: 8%- Anticipated use this spring to prep for summer. Capital Items: 13%- Remainder of projects to be completed this spring. Senior Programs:
Marketing: 0%- We are creating a glossing rack card this spring.
Custodial Services:0% - Will be transferred at year end to Facility Department. Special Activities: Adult Programs: 7% -Limited space to run programs reflects limited expenses.
Ski Programs:0% -School District runs this program. No expense or revenue.
PUBLIC LIBRARY
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections): The Library is on target overall.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council): The library is fully staffed, allowing library hours to increase by 7 hours per week. Users are
lined up at 9am and happy to have more browsing time on Saturdays. Managers have been using
a new orientation checklist to ensure equitable, accurate training. In the interest of accurately representing ethnic groups in the catalog, the Children’s book subject headings of “American Indian” and “Native American” are joined now by “Indigenous Americans” and the adult collection will soon follow. The idea to make subject headings
respectful, accurate and allow items to be found easily. Collaboration with the elementary schools English Language Learners staff continued and we hosted all three school’s families for tours, library cards and a take home meal. Tech Help continues and virtual help is available in several languages.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each): The Children’s DVD and CD collections are underspent as we evaluate best practices in offering
online resources. Some of these lines will go towards paying for ebooks in Libby and for
children’s materials on Kanopy. We will continue this evaluation with Adult books on CD in FY24.
Postage is billed at the end of the year. Computer hardware was purchased and staff computers are in use. We pay for software as needed. Community programs is being well spent and some is being held for June Summer Reading.
Revenues are looking good. Conference room rental is not up to expectations as most users are keeping within the free two-hour use. We continue to watch and learn.
FIRE & AMBULANCE SERVICES
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections): The Fire Department ended the second quarter at a total of 49.8 percent expended and in line with expectations. Revenues continue to be strong, but overtime is a burden.
Key Highlights (showcase any highlights on major projects/accomplishments your department has done during the quarter/year, particularly those included in the year’s budget presentation to Council):
Continue to maintain minimum staffing 24 x 7 with a high use of overtime. We have successfully filled several positions and hope the overtime decreases in the second half of the fiscal year. During the first half of the fiscal year members worked a total of 6,223 hours of overtime. The previous fiscal year 6,000 hours were needed to cover the entire year.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each): Expenses Overtime – The reasons stated above tell the story. We remain hopeful this will decrease as the
year progresses. Vehicle Repair – It has been challenging to keep our two 2009 fire trucks in service since the Ladder has been out for repair. The increase usage of these two trucks is wearing given that they
are nearing end of life.
Firefighter Clothing – A miscommunication between the previous administration and a now retired captain resulted in more personal protective clothing (PPE) being ordered than was budgeted. While unfortunate, the PPE was needed as much of it was at end of life. Given the strong revenues, this will not be a problem to manage.
Firefighting Equipment – While this appears to be an overage; it is not. Council approved approximately $60,000 in additional purchases with carryover funds. These expenses are being charged to this line item.
Revenues Revenues for both prevention/permit applications and ambulance transports remain strong. Prevention revenues have already exceeded the annual budget goal and we are confident ambulance collections will exceed budget goals as well.
POLICE DEPARTMENT
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
Revenue – In general, the revenue lines are consistent with normal operations. It is important to note that our drug task force position was vacant. This vacancy was filled in early January 2023 which will trigger the grant funding for the position. As reported in Q1, the alarm registration process occurs in April of each year, the revenue on that line will not begin to populate until
Q4. Expenses – There are eight lines which deserve context: 1. Overtime – In May of 2022 the organization engaged in a collaborative process with the South Burlington Police Officers Association to pivot from a 10-hour patrol
schedule to a 12-hour patrol schedule. The 10-hour patrol schedule was predicated on having 21 total officers for assignment. In May of 2022 we had 16 officers available for assignment to patrol.
Subsequently, we have sustained 24/7 police service operations through Q2 with 18, now 20 officers assigned to patrol. The 12-hour schedule necessitates two things related to overtime – officers must attend training to maintain certification on an overtime basis, eight hours per month, and officers work a total of 84 hours in a pay period which inherently creates four hours of overtime per pay period. This schedule will remain in
place through FY 23 under an MOU executed between police management and labor. A budget line adjustment has been made in January 2023 to leverage the Mandatory Training Overtime line – all training is being done on an overtime basis. The vast majority of the training hours in FY 23 have been directly related to the State training mandates for law enforcement officers.
2. Fitness – The organization has run the first of the biannual fitness assessments. Based on VCJC standards the organization adopted a row physical assessment test, the row assessment is easier than the former “Cooper Standard” test (1.5-mile run, push-ups, sit-ups, bench press). This transition has seen increases in both participation
and success which is fantastic in promoting a healthy work force. This is also a
collective bargaining benefit. 3. Traffic Unit Supplies – We are awaiting an annual equipment grant from the Governor’s Highway Safety Program to offset expenses on this line.
4. K-9 Supplies – Health insurance payment for veterinarian expense incurred in FY 22, revenue to the expense line. 5. Dues and Subscriptions – Dues and subscriptions have simply been paid for this
fiscal year.
6. Towing Services – The department has investigated a staggering number of car thefts. Many of the recovered stolen cars are towed to police headquarters for forensic processing. Additionally, cars seized as evidence in drug and theft cases. These cars
are towed to police headquarters while officers apply for judicial process to conduct
searches. 7. Building Repairs – Expenses related to the improvement and lease of the former EPS space at 19 Gregory Drive.
8. Recruiting &Testing – The organization is still actively recruiting and screening applicants for open positions.
PUBLIC WORKS-HIGHWAYS
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections):
• Highway expenses are generally in line with projections. The overall budget is
represented as having spent 60.46%, but that is because the Highway Paving line item
was overspent using CIP funds rolled over from FY22 and a State Highway grant.
• Highway Revenue stands at 23.44% collected, but many grants and payments are yet to
be received.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council):
• Phase 3 of the Dorset Street pavement rehabilitation work was completed in the second
quarter.
• Fence was installed at the new Dog Park at Wheeler Park and the facility was opened to
the public in the second quarter.
• Repairs were made to the bike path near the Stonehedge development leading into
Szymanski Park in the first quarter.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
• Oil: This line item is already overspent in FY23, due to a significant increase in the price
of oil and the fact that the City purchased two bulk orders of oil this quarter.
• Office Equipment Maintenance: This line item is already overspent. This line item is used
for both office equipment maintenance as well as small building maintenance costs. The
“Building Maintenance” line item previously used for these costs was transferred entirely
to Facilities in FY23, but not all building maintenance items fall under their scope of
work.
PUBLIC WORKS-WATER QUALITY
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections):
• At this time, the Water Quality Division budget is on target for FY23. Expenses are at
38% of the budgeted amount, but some large payments have yet to be made. It is
anticipated that expenses will finish on target, or slightly over budget.
• Wastewater revenues are currently on target at 52%. Due to increased issuance of
wastewater allocations (and associated fees collected), we are anticipating that the budget
will finish above initial revenue projections.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council):
• Repairs to the Airport Parkway Wastewater Treatment Facility headworks building are
complete. Screening and grit removal has been improved due to this work and all of the
facilities downstream processes and pumps will benefit.
• Work to repair a force main in Queen City Park is largely complete.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
Water Quality
• Overtime is currently at 71% of the budgeted amount and we anticipate a slight overage
by the end of the fiscal year. Increased overtime through the second quarter is a result of
the headworks repair project at the Airport Parkway facility and call outs for pump
stations on night/weekends. The City maintains 32 pump stations and alarms require staff
to check on pump stations at any time, day or night.
• The Sewer Line Maintenance line item is currently overspent by ~$8,000. This is due to
work associated with repair of a force main in the Queen City Park neighborhood.
• The Pump Station Supplies line item is currently overspent by ~$4,000. This is due to on-
going repairs at the Hinesburg Road pump station and fees for the new Mission
Communication software. The majority of costs for the Hinesburg Road pump station
repair work will be recouped through an insurance claim. Mission Communications
software costs have been included in the proposed FY24 budget. This line item will finish
above the budgeted amount in FY23.
• The safety line item is currently overspent by ~$4,000. This is due to inspection and
replacement of (1) backflow preventors throughout both wastewater treatment plants and
(2) inspection and replacement of the gas detection system in the digester at the Airport
Parkway facility.
PUBLIC WORKS-STORMWATER
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections):
• The stormwater budget is ~31% spent at this point in the year. Expenditures are largely
driven by capital project costs, which are typically incurred in the fourth quarter (i.e. the
start of summer construction season).
• Stormwater revenue is at 30%. This is largely due to the fact that grant reimbursements
have yet to be received in FY23. In addition, the FY23 budget assumes a large transfer in
from capital reserves to cover capital project costs that were not spent in FY22. This
transfer has yet to be made and is not likely to occur until the 4th quarter.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council):
• Two new employees started in the stormwater division. Certain line items (office
furniture, office supplies, etc) reflect the costs to get workspaces set up.
• Construction was started on the Spear Street Gravel Wetland and Lindenwood
Stormwater project. Work is currently on hold for the winter, but will be picked up again
and finished this fiscal year.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
• The stormwater system maintenance line item is overspent by ~$26,000. This is due to
repair of stormwater infrastructure related to multiple sinkholes. One large sinkhole off of
Clover Street required extensive repair.
• The diesel fuel line item is at 140% spent. This is due to the fact that the price of diesel
fuel increased from the time the budget was developed/approved.
• The vehicle maintenance line item is currently overspent by ~$2,000. This is due to
replacement of sweeper brooms, mower repair, and parts for the vactor. This line item
may need to be increased in future budget years.
PUBLIC WORKS-DRINKING WATER
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections):
• Water expenses for the second quarter are on track with budget projections. Through the
second quarter our contractor expenses are well below projections thanks in part to a
warmer than average winter. Water purchases are slightly higher than projected, which is
attributable to a warm summer and increased water use.
• Water revenues through the second quarter are slightly ahead of budget projections.
Overall revenues are approximately 2.5% ahead of projections in part due to higher than
expected connection fees and service work.
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council):
• The water department continues to upgrade aging water meters and convert water meters
to the Neptune Radio Read AMR system.
• The Department is now concentrating on identifying water service lines in conjunction
with meter upgrades to facilitate the federally mandated Lead Service line Inventory due
in October 2024.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
• No significant concerns at this time.
• The water department recognizes the supply chain issue with many water distribution
materials, and increased material costs. We continue to monitor our inventories and
purchase ahead in case there are delivery delays. Stock for emergencies is adequate and
the Department remains vigilant in monitoring supply and delivery restrictions to avoid
lengthy shut down situations.
PUBLIC WORKS-PENNY FOR PATHS
Overall Summary (provide a brief summary of how your department ended the quarter/year
compared to budget projections):
• Continued work on two capital projects, which are within their anticipated budget.
o Dorset Street Shared Use Path
o Spear Street Shared Use Path
Key Highlights (showcase any highlights on major projects/accomplishments your department
has done during the quarter/year, particularly those included in the year’s budget presentation
to Council):
• The Dorset Street Path has completed right of way plan development and research. The
project will now move into land negotiation and acquisition.
Individual Budget lines - Revenues and Expenses (consider which surpluses and overages
might “jump off the page” for a reader, please provide a brief narrative/explanation for each):
• Dorset Street Path incurred a large invoice in November 2022 ($10,812) because of an
extensive ROW process. This invoice was negotiated down from a previously billed
amount which was determined to inaccurately reflect the work requested.
City of South Burlington General Ledger
Expenditure Report ‐ GENERAL FUND
Current Year Period 6 December
% Budget Unencumbered FY‐22/23 MTD
Account Budget Expenditures Expended Balance Pd 6 Dec
GENERAL GOVERNMENT EXP.
CITY COUNCIL 149,798.00$ 65,377.00$ 43.64% 84,421.00$ 85.60$
ADMINISTRATIVE INSURANCE 6,032,914.38$ 2,240,522.95$ 37.13% 3,792,673.88$ 515,462.26$
CITY MANAGER 472,491.78$ 203,933.80$ 43.16% 268,557.98$ 38,155.27$
LEGAL/ACCOUNTING ACTUARY 348,960.87$ 145,822.53$ 41.79% 203,138.34$ 35,221.45$
ADMINISTRATIVE SERVICES 990,075.74$ 298,537.83$ 30.15% 691,537.91$ 44,361.61$
INFORMATION TECHNOLOGY 397,768.47$ 197,616.13$ 49.67% 200,213.99$ 53,597.74$
CITY CLERK 285,901.23$ 153,366.71$ 53.64% 132,534.52$ 38,319.24$
PHYSICAL PLANT 434,004.36$ 247,423.37$ 57.01% 186,580.99$ 59,673.37$
ASSESSING/TAX/FINANCE 403,043.52$ 183,224.00$ 45.46% 219,819.52$ 40,543.79$
PLANNING/DESIGN REVIEW 563,713.28$ 196,323.76$ 34.83% 367,389.52$ 48,737.18$
OPERATING TRANSFERS OUT 808,200.00$ ‐$ 0.00% 808,200.00$ ‐$
Total GENERAL GOVERNMENT EXP. 10,886,871.63$ 3,932,148.08$ 36.12% 6,955,067.65$ 874,157.51$
PUBLIC SAFETY
FIRE DEPARTMENT 3,698,663.25$ 2,053,458.55$ 55.52% 1,645,204.70$ 431,712.79$
AMBULANCE 522,650.00$ 49,001.41$ 9.38% 473,648.59$ 8,284.50$
POLICE DEPARTMENT 5,760,136.24$ 2,389,856.21$ 41.49% 3,370,280.03$ 543,578.72$
Total PUBLIC SAFETY 9,981,449.49$ 4,492,315.65$ 45.01% 5,489,133.84$ 983,576.01$
STREETS & HIGHWAYS
HIGHWAY DEPARTMENT 3,346,938.68$ 2,023,556.38$ 60.46% 1,323,382.30$ 867,896.77$
Total STREETS & HIGHWAYS 3,346,938.68$ 2,023,556.38$ 60.46% 1,323,382.30$ 867,896.77$
CULTURE AND RECREATION
RECREATION ADMINISTRATION 359,516.74$ 164,007.63$ 45.62% 195,509.11$ 39,218.35$
PROGRAMS 50,000.00$ 31,454.28$ 62.91% 18,545.72$ 135.28$
RED ROCKS PARK 14,924.80$ 8,429.03$ 56.48% 6,495.77$ 38.66$
FACILITIES 139,150.00$ 25,306.09$ 18.19% 113,843.91$ 4,154.20$
SENIOR PROGRAMS 33,311.57$ 7,303.88$ 21.93% 26,007.69$ 1,054.47$
SPECIAL ACTIVITIES 101,500.00$ 43,541.95$ 42.90% 57,958.05$ 16,949.24$
PUBLIC LIBRARY 866,629.70$ 358,546.11$ 41.37% 508,083.59$ 85,941.86$
CAPITAL/PARK MAINTENANCE 399,642.54$ 204,076.48$ 51.06% 195,566.06$ 41,406.27$
Total CULTURE AND RECREATION 1,964,675.35$ 839,819.57$ 42.75% 1,124,855.78$ 188,898.33$
OTHER ENTITIES
OTHER OPERATING ENTITIES 791,250.11$ 624,430.67$ 78.92% 166,819.44$ ‐$
CURRENT PRINCIPAL BONDS 1,211,203.30$ 625,021.00$ 51.60% 586,182.30$ ‐$
CURRENT INTEREST BONDS 279,090.00$ 141,442.10$ 50.68% 137,647.90$ ‐$
Total GENERAL FUND 28,461,478.56$ 12,678,733.45$ 44.55% 15,783,089.21$ 2,914,528.62$
City of South Burlington General Ledger
Expenditure Report ‐ ENTERPRISE FUND/W.P.C.
Current Year Period 6 December
% Budget Unencumbered FY‐22/23 MTD
Account Budget Expenditures Expended Balance Pd 6 Dec
W/POLLUTION CONTROL EXPS.
Salaries‐Permanent 672,300.45$ 319,742.66$ 47.56% 352,557.79$ 78,612.79$
Payment to Highway‐wages 250,000.00$ ‐$ 0.00% 250,000.00$ ‐$
Leave Time Turn‐In 7,000.00$ ‐$ 0.00% 7,000.00$ ‐$
Salaries‐Overtime 50,000.00$ 35,558.66$ 71.12% 14,441.34$ 9,173.32$
Payment to Sick Bank Fund 6,677.02$ ‐$ 0.00% 6,677.02$ ‐$
Payroll Service 1,796.41$ ‐$ 0.00% 1,796.41$ ‐$
PAFO Certification 29,065.71$ 5,432.04$ 18.69% 23,633.67$ 1,223.02$
Sick Bank Payouts 10,000.00$ ‐$ 0.00% 10,000.00$ ‐$
Fringe Benefits 4,135.00$ 600.00$ 14.51% 3,535.00$ ‐$
FICA/Medicare 58,780.01$ 28,111.82$ 47.83% 30,668.19$ 6,904.08$
Payment to Highway‐FICA/M 33,420.18$ ‐$ 0.00% 33,420.18$ ‐$
Vision Plan 2,829.21$ 283.75$ 10.03% 2,545.46$ ‐$
Disability Insurance 2,175.17$ 2,378.74$ 109.36% (203.57)$ 1,701.60$
Long Term Disability Insu 4,148.39$ ‐$ 0.00% 4,148.39$ ‐$
Group Health Insurance 196,366.10$ 45,917.79$ 23.38% 150,448.31$ 16,521.13$
Group Life Insurance 2,829.21$ 325.89$ 11.52% 2,503.32$ 235.14$
Group Dental Insurance 7,893.29$ 2,586.73$ 32.77% 5,306.56$ ‐$
Pension 85,733.42$ 20,363.54$ 23.75% 65,369.88$ ‐$
ICMA Match 29,065.71$ 11,423.84$ 39.30% 17,641.87$ 2,715.39$
Pension Note Payment 39,075.00$ ‐$ 0.00% 39,075.00$ ‐$
Office Supplies 2,000.00$ 608.37$ 30.42% 1,391.63$ 43.99$
Plant Supplies 120,000.00$ 64,063.26$ 53.39% 55,936.74$ 14,184.29$
Polymer 100,000.00$ 33,836.35$ 33.84% 66,163.65$ ‐$
Sewer Line Maint/Supplies 25,000.00$ 32,770.36$ 131.08% (7,770.36)$ 29,543.76$
Pumping Station Supplies 25,000.00$ 29,230.34$ 116.92% (4,230.34)$ ‐$
Laboratory Supplies 13,000.00$ 4,223.76$ 32.49% 8,776.24$ ‐$
Caustic Soda and Lime 120,000.00$ 61,615.82$ 51.35% 58,384.18$ ‐$
Alum 180,000.00$ 120,577.62$ 66.99% 59,422.38$ 20,290.24$
Water‐Airport‐B/B‐Pump 1,600.00$ 787.54$ 49.22% 812.46$ 243.60$
Generator Preventive Main 10,000.00$ 4,062.22$ 40.62% 5,937.78$ ‐$
Clothing Supplies 4,250.00$ 2,514.70$ 59.17% 1,735.30$ 179.95$
Truck Parts 12,500.00$ 5,028.92$ 40.23% 7,471.08$ 2,393.21$
Gas ‐ Diesel Fuel ‐ Oil 12,000.00$ 11,740.21$ 97.84% 259.79$ 2,279.43$
Fuel ‐ Airport Parkway 60,000.00$ 22,865.47$ 38.11% 37,134.53$ 5,706.77$
Fuel ‐ Bartlett Bay 6,000.00$ 456.94$ 7.62% 5,543.06$ 240.19$
Telephone and Alarms 6,500.00$ 3,991.87$ 61.41% 2,508.13$ 375.05$
Memberships/Dues 20,000.00$ 1,240.50$ 6.20% 18,759.50$ 286.25$
Discharge Permits 15,000.00$ 3,750.00$ 25.00% 11,250.00$ ‐$
Workers Comp Insurance 22,127.75$ 15,530.36$ 70.18% 6,597.39$ 6,503.31$
Property Insurance 70,040.34$ 34,921.62$ 49.86% 35,118.72$ 13,607.74$
Unemployment Insurance 902.00$ ‐$ 0.00% 902.00$ ‐$
Safety 5,000.00$ 9,204.43$ 184.09% (4,204.43)$ 1,700.99$
Billing Payment to CWD 69,342.00$ ‐$ 0.00% 69,342.00$ ‐$
Soil/Sludge Management 135,000.00$ 87,372.92$ 64.72% 47,627.08$ 10,580.41$
Landfill Fees 1,000.00$ ‐$ 0.00% 1,000.00$ ‐$
HVAC Maintenance 35,000.00$ 12,566.46$ 35.90% 22,433.54$ 2,514.02$
City of South Burlington General Ledger
Expenditure Report ‐ ENTERPRISE FUND/W.P.C.
Current Year Period 6 December
% Budget Unencumbered FY‐22/23 MTD
Account Budget Expenditures Expended Balance Pd 6 Dec
Auditing 4,246.55$ ‐$ 0.00% 4,246.55$ ‐$
Engineering/Consulting 15,000.00$ 5,742.75$ 38.29% 9,257.25$ ‐$
Landfill Engineering 17,500.00$ 24,710.29$ 141.20% (7,210.29)$ 4,468.21$
Administrative Services 149,344.05$ ‐$ 0.00% 149,344.05$ ‐$
Burlington Sewer Lines 5,000.00$ 905.62$ 18.11% 4,094.38$ 446.20$
Travel & Training 6,000.00$ 2,732.07$ 45.53% 3,267.93$ 48.75$
Utilities‐Pumping Station 105,000.00$ 38,310.81$ 36.49% 66,689.19$ 9,121.97$
Electric‐Airport Parkway 200,000.00$ 83,174.70$ 41.59% 116,825.30$ ‐$
Electric‐Bartlett Bay 145,000.00$ 48,362.32$ 33.35% 96,637.68$ ‐$
Replacement‐Vehicles 220,000.00$ 76,287.81$ 34.68% 143,712.19$ ‐$
Building Improvements 2,500.00$ 874.10$ 34.96% 1,625.90$ ‐$
Pumps Replacements 50,000.00$ 25,985.22$ 51.97% 24,014.78$ 11,957.68$
Pump Repairs 40,000.00$ 28,738.12$ 71.85% 11,261.88$ 7,567.82$
PMT to SW for Hadley Loan 73,000.00$ 73,649.00$ 100.89% (649.00)$ 73,649.00$
Airport Pkwy Upgrade/Expn ‐$ 299,997.00$ 100.00% (299,997.00)$ 233,888.91$
Bartlett Bay Upgrades 400,000.00$ 41,928.50$ 10.48% 358,071.50$ ‐$
Hadley Sewer Project 111,786.54$ 111,786.54$ 100.00% ‐$ 111,786.54$
Loan for Airport Parkway 965,647.23$ ‐$ 0.00% 965,647.23$ ‐$
Capital Improvements‐CIP ‐$ 34,324.22$ 100.00% (34,324.22)$ 25,809.82$
Total ENTERPRISE FUND/W.P.C. 5074576.74 1,933,194.57$ 38.10% 3,141,382.17$ 706,504.57$
City of South Burlington General Ledger
Expenditure Report ‐ STORM WATER UTILITIES
Current Year Period 6 December
% Budget Unencumbered FY‐22/23 MTD
Account Budget Expenditures Expended Balance Pd 6 Dec
S/WATER UTILITIES EXPS
Salaries‐Permanent 545,117.10$ 178,688.55$ 32.78% 366,428.55$ 51,131.42$
Payment to Highway‐Wages 78,215.00$ ‐$ 0.00% 78,215.00$ ‐$
Salaries‐Overtime 23,000.00$ 3,902.60$ 16.97% 19,097.40$ 2,979.06$
Payment to Sick Bank Fund 5,392.16$ ‐$ 0.00% 5,392.16$ ‐$
Payroll Service 1,347.31$ ‐$ 0.00% 1,347.31$ ‐$
Fringe Benefits 7,238.00$ ‐$ 0.00% 7,238.00$ ‐$
FICA/Medicare 43,460.96$ 14,854.21$ 34.18% 28,606.75$ 4,435.75$
Vision Plan 582.94$ 156.15$ 26.79% 426.79$ ‐$
Disability Income Insuran 4,878.93$ 1,947.78$ 39.92% 2,931.15$ 1,352.55$
Group Health Insurance 153,953.83$ 200,429.81$ 130.19% (46,475.98)$ 118,815.20$
Health Insurance FICA 2,080.03$ ‐$ 0.00% 2,080.03$ ‐$
Group Life Insurance 2,360.28$ 267.36$ 11.33% 2,092.92$ 187.61$
Group Dental Insurance 5,930.59$ 1,642.46$ 27.69% 4,288.13$ ‐$
Pension 93,238.50$ ‐$ 0.00% 93,238.50$ ‐$
ICMA Match 27,189.96$ 12,143.02$ 44.66% 15,046.94$ 4,347.63$
Pension Note Payment 26,910.00$ ‐$ 0.00% 26,910.00$ ‐$
Office Supplies 1,000.00$ 1,012.08$ 101.21% (12.08)$ ‐$
Small Equipment/Tools 2,000.00$ 641.76$ 32.09% 1,358.24$ ‐$
Uniforms/Supplies 6,500.00$ 3,086.18$ 47.48% 3,413.82$ 353.17$
Gasoline 2,250.00$ 1,699.21$ 75.52% 550.79$ 166.23$
Oil 250.00$ 63.75$ 25.50% 186.25$ ‐$
Diesel Fuel 4,500.00$ 6,286.18$ 139.69% (1,786.18)$ 471.24$
Permit Requirement‐Educat 7,000.00$ 6,000.00$ 85.71% 1,000.00$ ‐$
Telephone 2,000.00$ 999.44$ 49.97% 1,000.56$ 159.07$
Membership/Dues 300.00$ 45.00$ 15.00% 255.00$ 45.00$
Discharge Permits Renewal 18,000.00$ 16,887.57$ 93.82% 1,112.43$ 183.20$
Workers Comp Insurance 19,554.75$ 11,585.68$ 59.25% 7,969.07$ 5,747.10$
Property Insurance 16,197.44$ 8,075.96$ 49.86% 8,121.48$ 3,146.92$
Unemployment Insurance 902.00$ ‐$ 0.00% 902.00$ ‐$
GIS‐Fees/Software 50,000.00$ 17,957.65$ 35.92% 32,042.35$ 3,677.82$
Sediment & Depris Disposa 200.00$ ‐$ 0.00% 200.00$ ‐$
Water Quality Monitoring 15,000.00$ 5,356.20$ 35.71% 9,643.80$ ‐$
Building/Grounds Maint 200.00$ 149.99$ 75.00% 50.01$ 149.99$
Vehicle Maintenance 5,000.00$ 6,768.45$ 135.37% (1,768.45)$ 1,229.29$
Storm System Maint Materi 55,000.00$ 80,665.46$ 146.66% (25,665.46)$ 58.87$
Printing 100.00$ ‐$ 0.00% 100.00$ ‐$
Legal Services 20,000.00$ 343.13$ 1.72% 19,656.87$ 60.00$
To GF‐Audit and Actuary 6,180.66$ ‐$ 0.00% 6,180.66$ ‐$
Engineering‐Watershed 40,000.00$ ‐$ 0.00% 40,000.00$ ‐$
Billing Payment CWD 69,342.00$ ‐$ 0.00% 69,342.00$ ‐$
Office Equipment Maintena 2,500.00$ 1,268.15$ 50.73% 1,231.85$ 154.24$
Equipment Rental 250.00$ ‐$ 0.00% 250.00$ ‐$
Administrative Services 102,103.95$ ‐$ 0.00% 102,103.95$ ‐$
Conference/Training Expen 8,000.00$ 478.57$ 5.98% 7,521.43$ 170.00$
S/W Bldg Utilities 3,250.00$ 374.81$ 11.53% 2,875.19$ 49.31$
City of South Burlington General Ledger
Expenditure Report ‐ STORM WATER UTILITIES
Current Year Period 6 December
% Budget Unencumbered FY‐22/23 MTD
Account Budget Expenditures Expended Balance Pd 6 Dec
Stormwater Pumps Electric 300.00$ 109.18$ 36.39% 190.82$ 22.95$
Vehicles/Equipment 421,000.00$ ‐$ 0.00% 421,000.00$ ‐$
Stormwater Capital Projec 2,481,000.00$ 804,314.16$ 32.42% 1,676,685.84$ 102,021.21$
Office Furniture/Equipmen 1,000.00$ 1,327.19$ 132.72% (327.19)$ ‐$
Flow Restoration Plan Ana 5,000.00$ ‐$ 0.00% 5,000.00$ ‐$
Reim to Highway‐Benefit 33,420.18$ ‐$ 0.00% 33,420.18$ ‐$
Total S/WATER UTILITIES EXPS 4,420,196.57$ 1,389,527.69$ 31.44% 3,030,668.88$ 301,114.83$
City of South Burlington General Ledger
Revenue Report ‐ GENERAL FUND
Current Year Period 6 December
Estimated Received % Budget Uncollected FY‐22/23 MTD
Account Revenue To Date Received Balance Pd 6 Dec
TAX REVENUE
TAX REVENUE 18,202,812.57$ (13,139,538.33)$ 72.18% 5,063,274.24$ (218.28)$
LOCAL OPTION TAXES 4,033,388.90$ (1,756,746.45)$ 43.56% 2,276,642.45$ ‐$
Total TAX REVENUE 22,236,201.47$ (14,896,284.78)$ 66.99% 7,339,916.69$ (218.28)$
INTEREST/PENALTY ON TAX 379,000.00$ (178,657.40)$ 47.14% 200,342.60$ (3,781.81)$
Other Health Services 247,346.40$ (97,116.71)$ 39.26% 150,229.69$ ‐$
CITY MANAGER 1,463,078.08$ (407,090.69)$ 27.82% 1,055,987.39$ (140,540.41)$
CITY CLERK 383,100.00$ (128,528.98)$ 33.55% 254,571.02$ (21,768.41)$
PLANNING 383,100.00$ (260,970.72)$ 68.12% 122,129.28$ (36,487.98)$
FIRE DEPARTMENT 489,000.00$ (632,661.06)$ 129.38% (143,661.06)$ (323,407.01)$
ELECTRICAL INSPECTION 65,000.00$ (153,862.49)$ 236.71% (88,862.49)$ (37,024.75)$
AMBULANCE 721,000.00$ (458,229.20)$ 63.55% 262,770.80$ (74,800.00)$
POLICE DEPARTMENT 517,997.24$ (114,761.64)$ 22.15% 403,235.60$ (29,248.63)$
HIGHWAY DEPARTMENT 1,394,855.38$ (327,010.98)$ 23.44% 1,067,844.40$ (38,024.44)$
SENIOR PROGRAMS 26,500.00$ (7,835.00)$ 29.57% 18,665.00$ (1,265.00)$
RECREATION 145,000.00$ (80,507.70)$ 55.52% 64,492.30$ (9,352.00)$
PUBLIC LIBRARY 10,300.00$ (5,882.15)$ 57.11% 4,417.85$ (624.79)$
Total Departments 6,225,277.10$ (2,853,114.72)$ 45.83% 3,372,162.38$ (716,325.23)$
Total GENERAL FUND 28,461,478.57$ (17,749,399.50)$ 62.36% 10,712,079.07$ (716,543.51)$
City of South Burlington General Ledger
Revenue Report ‐ ENTERPRISE FUND/W.P.C.
Current Year Period 6 December
Estimated Received % Budget Uncollected FY‐22/23 MTD
Account Revenue To Date Received Balance Pd 6 Dec
WATER POLLUTION CONTROL
CHARGES FOR SERVICES
W.P.C. User Fees 3,783,418.00$ (1,931,713.38)$ 51.06% 1,851,704.62$ (371,030.34)$
Sewer Septage Revenue 25,000.00$ ‐$ 0.00% 25,000.00$ ‐$
Connection Fees 500,000.00$ (650,296.25)$ 130.06% (150,296.25)$ (37,604.86)$
Enviromental Impact ‐$ (13,737.00)$ 100.00% (13,737.00)$ ‐$
Total CHARGES FOR SERVICES 4,308,418.00$ (2,595,746.63)$ 60.25% 1,712,671.37$ (408,635.20)$
BOND AND LOAN PROCEEDS
Colchester A/P Pkwy Pm 742,310.00$ ‐$ 0.00% 742,310.00$ ‐$
GF Note Repay‐Solar 12,004.68$ ‐$ 0.00% 12,004.68$ ‐$
Total BOND AND LOAN PROCEEDS 754,314.68$ ‐$ 0.00% 754,314.68$ ‐$
MISCELLANEOUS
Miscellaneous Rev.‐W.P 10,000.00$ (36,344.17)$ 363.44% (26,344.17)$ (36,344.17)$
Total MISCELLANEOUS 10,000.00$ (36,344.17)$ 363.44% (26,344.17)$ (36,344.17)$
Total ENTERPRISE FUND/W.P.C. 5,072,732.68$ (2,632,090.80)$ 51.89% 2,440,641.88$ (444,979.37)$
City of South Burlington General Ledger
Revenue Report ‐ STORM WATER UTILITIES
Current Year Period 6 December
Estimated Received % Budget Uncollected FY‐22/23 MTD
Account Revenue To Date Received Balance Pd 6 Dec
S/WATER UTILITIES REVENUE
Intergovernmental Revenue 826,506.98$ (2,500.00)$ 0.30% 824,006.98$ (2,500.00)$
S/W User Fees ‐ Water Bil 2,707,767.59$ (1,140,932.09)$ 42.14% 1,566,835.50$ (150,174.77)$
Pmts from other towns 40,000.00$ ‐$ 0.00% 40,000.00$ ‐$
Land Owner Payments 100,000.00$ (82,143.62)$ 82.14% 17,856.38$ ‐$
Stormwater Miscellaneous 30,000.00$ ‐$ 0.00% 30,000.00$ ‐$
Hadley Sewer Proj‐Sewer f 73,000.00$ (73,649.00)$ 100.89% (649.00)$ (73,649.00)$
Reserve Transfer In 635,778.00$ ‐$ 0.00% 635,778.00$ ‐$
Total S/WATER UTILITIES REVENUE 4,413,052.57$ (1,299,224.71)$ 29.44% 3,113,827.86$ (226,323.77)$
Champlain Water District
Statement of Revenues and Expenditures - Unposted Transactions Included In Report
70 - South Burlington Water Department
90 - South Burlington Water
From 12/1/2022 Through 12/31/2022
CURRENT MONTH Year To Date Actual Original
Total Budget $ -
Original
Remaining - Budget
Percent Total
Revenue
Water Sales 4000 265,154.22 1,357,733.38 2,620,616.00 (48.19)%
Interest Earned 4010 1,194.62 5,932.36 1,700.00 248.96%
Private Hydrants / Sprinkler Systems 4035 18,576.50 45,144.22 44,500.00 1.45%
Service Work 4036 770.00 9,575.45 13,000.00 (26.34)%
Backflow Device Testing /
Recording Fees
4037 0.00 632.50 1,500.00 (57.83)%
Connection Fees 4040 2,250.00 25,150.00 32,000.00 (21.41)%
Connection Fees - Capital 4041 1,500.00 17,225.00 26,000.00 (33.75)%
Bond Payments - Connection Fees 4042 4,551.00 128,560.00 55,000.00 133.75%
Penalties 4050 321.54 12,008.90 18,000.00 (33.28)%
Meter Sales 4053 324.82 2,858.25 3,500.00 (18.34)%
Scrap Metal 4055 0.00 0.00 500.00 (100.00)%
Miscellaneous Revenue 4060 0.00 30.00 50.00 (40.00)%
South Burlington Sewer
Department
4095 0.00 0.00 69,342.00 (100.00)%
South Burlington Stormwater Department 4098 0.00 0.00 69,342.00 (100.00)%
Water Bond Payment Revenue /
Xfer from Capital
4200 0.00 0.00 100,989.00 (100.00)%
Total Revenue 294,642.70 1,604,850.06 3,056,039.00 (47.49)%
Total Revenue 294,642.70 1,604,850.06 3,056,039.00 (47.49)%
Expenditures
Supplies and Tools 5011 571.01 4,070.08 7,500.00 45.73%
Postage 5012 78.20 10,699.04 16,000.00 33.13%
Phones, Internet, Data, and
Pagers
5013 0.00 107.39 500.00 78.52%
Miscellaneous Expense 5017 33.98 58.98 1,000.00 94.10%
General Insurance 5030 0.00 0.00 5,000.00 100.00%
Consulting Services 5051 0.00 0.00 26,000.00 100.00%
Management Fees 5052 11,773.00 70,638.00 141,275.00 50.00%
Contractors 5054 0.00 31,780.92 87,500.00 63.68%
Building Lease 5055 1,712.47 10,274.82 20,550.00 50.00%
Legal 5060 0.00 0.00 1,500.00 100.00%
Audit 5061 0.00 0.00 2,500.00 100.00%
Public Outreach 5065 0.00 0.00 3,000.00 100.00%
Principal on Long Term Debt 5070 0.00 0.00 94,980.00 100.00%
Interest on Long Term Debt 5071 0.00 0.00 9,015.00 100.00%
Water Purchase - CWD 5080 152,419.77 925,238.68 1,654,800.00 44.09%
Water Supply Fees 5090 3,055.73 18,549.29 33,175.00 44.09%
Capital Transfer - Connection Fees 5105 6,051.00 145,785.00 81,000.00 (79.98)%
Non-Bargaining Unit Salaries 5170 16,628.00 99,768.00 199,540.00 50.00%
Bargaining Unit Salaries 5171 23,926.22 144,606.37 434,995.00 66.76%
Overtime, Shift & Holiday 5172 220.07 4,986.16 10,000.00 50.14%
Computer Network 5210 0.00 4,985.13 7,600.00 34.41%
Date: 1/17/23 01:23:27 PM Page: 1
Champlain Water District
Statement of Revenues and Expenditures - Unposted Transactions Included In Report
70 - South Burlington Water Department
90 - South Burlington Water
From 12/1/2022 Through 12/31/2022
CURRENT MONTH Year To Date Actual Original
Total Budget $ -
Original
Remaining - Budget
Percent Total
Vehicle & Light Duty Equipment Maintenance 6400 2,227.48 13,364.88 26,730.00 50.00%
Emergency On-Call Coverage 6700 230.00 1,380.00 2,329.00 40.75%
Distribution Materials 6800 5,771.58 26,658.29 114,550.00 76.73%
Distribution System Improvements 8502 0.00 846.26 75,000.00 98.87%
Total Expenditures 224,698.51 1,513,797.29 3,056,039.00 50.47%
Net Revenue Over Expenditures 69,944.19 91,052.77 0.00 0.00%
Date: 1/17/23 01:23:27 PM Page: 2
2
MEMORANDUM
TO: Jessie Baker, City Manager & South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
Kelsey Peterson, City Planner
SUBJECT: First reading of LDR Amendment #LDR-22-09
DATE: February 6, 2023 City Council meeting
Last month, the Planning Commission approved a series of minor amendments to the Land Development
Regulations that would adjust the Environmental Protection Standards adopted in 2022. Following their public
hearing on January 10 and 24, 2023, the Commission approved the amendments 5-0. This will be the Council’s
receipt and first reading of the proposed amendments.
The amendments are intended to address small but important issues identified in the first year of existence of
the new Environmental Protection Standards while retaining their overall intent and function. The amendments
include the following:
1) Modification of the Class II wetlands buffer boundary in some residential areas
2) Streamline administrative permitting process
3) Remove permitted, human-made steep slopes from regulation as steep slopes
This amendment applies a modified buffer from Class II wetlands for lots existing as of November 10, 2021 that
were approved for single-family and/or two-family dwellings. In effect, this applies the same standard as before
the most recent update to the environmental standards in the LDRs to relatively small, residential properties. It
recognizes that many residential neighborhoods in South Burlington were designed and constructed taking the
previous 50-foot buffer into account and aligns with expectations of homeowners.
Administratively, it clarifies when Site Plan review is required, when administrative Site Plan Review is required,
and when zoning permit review is required. It clarifies conflict between Article 13 and Article 12 regarding
when administrative Site Plan review is available for stormwater management projects. It also requires
administrative Site Plan review for certain wetland impacts in the City Center Form Based Code district.
This amendment excludes permitted human-made slopes from the definitions of Steep Slopes and Very Steep
Slopes and allows the DRB or Administrative Officer to waive review under Steep Slopes standards if the area of
steep slopes are determined to be de minimis. It also exempts Environmental Restoration Projects, Shoreline
Restoration Projects, and retaining walls in certain districts from steep slope review.
Enclosed are the red-line version of the proposed amendment and the Commission’s Report, approved on
December 13, 2022, which includes an assessment of its consistency with the Comprehensive Plan.
Possible Council Action: “I move to hold a public hearing on proposed amendment to the Land Development
Regulations #LDR-22-09 on Monday, March 20, 2023, at 7:30 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.
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”.
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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
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,
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
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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(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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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
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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.
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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, the Class II wetlands buffer area is measured fifty (50) feet in
horizontal distance from the boundary of the Class II wetland.
(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
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South Burlington Land Development Regulations
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
non-conforming development. Non-conforming development within a wetlands buffer, may not be
expanded.
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South Burlington Land Development Regulations
(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:
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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.
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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.
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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.
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing Tuesday, January 10, 2022, 7:00 PM
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on Tuesday, January 10, 2022 at
7:00 pm, in person and via electronic platform, to consider the following amendments to the South
Burlington Land Development Regulations:
A. LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to:
1) Modification of the Class II wetlands buffer boundary in some residential areas
2) Streamline administrative permitting process
3) Remove permitted, human-made steep slopes from regulation as steep slopes
Brief Description and Findings Concerning the Proposed Amendments
The proposed amendments have been considered by the Planning Commission for their consistency
with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted
February 1, 2016. For each of the amendments, the Commission has addressed the following as
enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
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LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to:
1) Modification of the Class II wetlands buffer boundary in some residential areas
2) Streamline administrative permitting process
3) Remove permitted, human-made steep slopes from regulation as steep slopes
Brief explanation of the proposed amendment:
This amendment applies a modified buffer from Class II wetlands for lots existing as of November 10,
2021 that were approved for single-family and/or two-family dwellings. In effect, this applies the same
standard as before the most recent update to the environmental standards in the LDRs to relatively
small, residential properties. It recognizes that many residential neighborhoods in South Burlington
were designed and constructed taking the previous 50-foot buffer into account and aligns with
expectations of homeowners.
Administratively, it clarifies when Site Plan review is required, when administrative Site Plan Review
is required, and when zoning permit review is required. It clarifies conflict between Article 13 and
Article 12 regarding when administrative Site Plan review is available for stormwater management
projects. It also requires administrative Site Plan review for certain wetland impacts in the City
Center Form Based Code district.
This amendment also excludes permitted human-made slopes from the definitions of Steep Slopes
and Very Steep Slopes and allows the DRB or Administrative Officer to waive review under Steep
Slopes standards if the area of steep slopes are determined to be de minimis. It also exempts
Environmental Restoration Projects, Shoreline Restoration Projects, and retaining walls in certain
districts from steep slope review.
Findings Concerning the Proposed Amendments
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
These amendments are technical updates that correct issues that have become apparent after
the adoption of new regulations in 2021. Generally, they correct unanticipated inconsistencies
and administrative issues.
In addition, exempting Environmental Restoration Projects and Shoreline Restoration Projects
from steep slopes review advances the environmental protection goals in our Comprehensive
Plan.
Comprehensive Plan Goals, Objectives & Strategies:
• Goal: Green & Clean. Emphasizing sustainability for long-term vitality of a clean and green
South Burlington.
• Sub-Goal. Keep unique features, and maintain or enhance the quality of life of existing
neighborhoods.
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• Objective 3. Foster the creation and retention of a housing stock that is balanced in size and
target income level, is representative of the needs of households of central Chittenden
County, and maintains an efficient use of land for use by future generations.
• Objective 9. Be a good partner with business in helping them locate in South Burlington or
continue to grow here.
• Strategy 6. Promote the preservation of existing housing stock in residential neighborhoods,
particularly the supply of affordable and moderately-priced homes.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments do not affect future land uses and densities in the municipal plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
This proposed amendment does not relate directly to any planned community facilities.
Draft Letter re: Vermont H 68
South Burlington Planning Commission
February 3, 2023
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Dear Honorable Senator Hinsdale and Representative Bongartz:
The City of South Burlington is pleased to provide comments on H.68, “An act relating to removing state
and municipal regulatory barriers for fair zoning and housing affordability”, and a similar draft bill, “An
act relating to expanding access to safe and affordable housing”, that we understand is being discussed
by the Vermont Senate Committee on Economic Development, Housing, and General Affairs.
The City strongly supports the goals and many of the provisions of these proposals and is deeply
appreciative of your efforts, and the efforts of your committees and colleagues, to address the critical
shortage of affordable housing in Vermont.
In South Burlington, we have been actively working to address this housing shortage. With the State's
support and following the framework set forth in the City’s Comprehensive Plan, we are developing our
City Center, where UVM and the UVMMC are joining Cathedral Square and the Champlain Housing Trust
in developing needed housing for our growing population. We invested $1 million the City received in
ARPA funds to help Summit Properties develop more affordable housing in a large housing development
in our transit overlay district and we expect to continue to make significant future investments in
affordable housing. Between 2016 and 2021, under the Building Homes Together campaign, South
Burlington has added 169 permanently-affordable homes. Another 180 have been approved, are under
construction, or have opened their doors since that count, since that time, and additional homes are in
preliminary stages of review. These investments have been made using environmentally sound
principles, with dense development in our city core, transit-served areas, and neighborhood
developments areas.
We have also worked hard to ensure that our land development regulations provide strong incentives
for affordable housing. In particular, we recently concluded an intensive three-year period of interim
zoning where we heard the views of many concerned citizens and which resulted in significant changes
to our zoning regulations, including the adoption of Inclusionary Zoning requirement pursuant to 24 VSA
§ 4414(7).
These standards provides integrated development incentives that contribute to the economic feasibility
of providing affordable housing in South Burlington and applies City-wide to all developments of twelve
(12) or more dwelling units. It requires that 15% of the total rental dwelling units and 10% of the total
ownership dwelling units be perpetually affordable. In addition to the mandatory minimum number of
inclusionary dwelling units, developers are incentivized to voluntarily build more affordable homes,
receiving density bonuses of one market rate dwelling unit for each voluntary Inclusionary Rental unit
and two market rate dwelling units for each voluntary Inclusionary Ownership unit.
In addition, we are committed to directing housing into places where it is most appropriate consistent
with smart growth principles and [xxx] percent of the buildable acreage of the City is already zoned for
at least 5 units/acre, and many other areas are required to achieve compact development through high
density on portions of a parcel, and conservation on the remainder. In the core of the City we have
removed density maximums and rely on form based code dimensional standards for buildings. As such,
we expect future investments in housing to be made using environmentally sound principles, through
well-planned infill and with zoning regulations that promote compact development and denser
development along public transit routes, in our city center and neighborhood developments areas, as
well as by revitalizing, redeveloping and repurposing under-utilized commercial space and empty
parking lots.
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At the same time, we are acutely aware of our climate crisis and the vital need to protect the meadows,
forests, grasslands, farmlands and wetlands that sequester carbon, provide a buffer against flooding,
filter pollutants before they can enter Lake Champlain, provide habitat for pollinators, insects and
wildlife, clean and cool our air and sustain local food production. The City has also been active in
working to rapidly reduce our greenhouse gas emissions, has adopted a Climate Action Plan and recently
passed an ordinance which will require all new construction to use renewable energy sources for
domestic hot water and primary heating systems.
In light of the climate crisis, during the interim zoning process the City conducted multiple studies and
hired outside experts to identify the specific parcels of land in South Burlington that should be protected
because of the natural resources they contain. It took hundreds of discussion groups, meetings, and
public hearings before the South Burlington Planning Commission agreed to new Environmental
Protection Standards, which the City Council voted to approve just last year. Out of this process, some
of the key changes include increasing buffer areas around wetlands, preserving some of our wildlife
forest habitat blocks, adding additional natural resource protections areas from which density may be
transferred to our transit-served areas through the Transfer of Development Rights (TDR) process, and
creating a Conservation Planned Unit Development (PUD) option for landowners who own lands that
contain natural resources. Many of these provisions are compromises. The Conservation PUD is a good
example, which requires a landowner to conserve a portion of his or her land, in exchange for
developing densely on the remainder (minimum of 4 dwelling units per acre with incentives for higher
density). These changes are consistent with and reflect the climate change adaptation, resilience
measures and biodiversity goals contained in South Burlington’s Climate Action Plan.
Throughout all of our deliberations, we are also keenly attuned to a looming fiscal crisis since population
growth requires additional infrastructure, equipment, and city personnel. This is especially true for our
schools, where we are currently facing acute space needs in two of our elementary schools and high
school. A few years ago, a $210 million bond vote for the construction of two new school buildings was
roundly rejected by voters. Those needs, requiring expensive solutions, are not going away.
As such, we are deeply dismayed at the prospect that the careful balance the City has struck in light of
these imperatives could be overridden by state legislation that is not attuned to our local geography or
local planning: our traffic patterns and public safety issues, natural resources, climate emergency risks
and challenges and fiscal concerns.
Below we provide specific input on particular provisions of the bills of most concern in relation to the
above, in addition to certain other concerns.
1. Proposed 24 VSA § 4412(12) provides as follows:
In any district served by municipal sewer and water infrastructure that allows residential
development, bylaws shall establish lot and building dimensional and density standards that allow
five or more dwelling units per acre for allowed residential uses, and no dimensional and density
standard for multiunit dwellings shall be more restrictive than those required for single family
dwellings.
We have several concerns with this provision.
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First, decades ago, South Burlington ran water and sewer lines into the rural areas of the city, most likely
without an understanding of how this would prompt suburban sprawl and impact the climate crisis.
While it is not entirely clear to us what exactly is the intended scope of “districts served by municipal
sewer and water infrastructure”, it is clear to us that even a narrow reading of that scope would
significantly undermine the critical natural resource protections described above and undermine the
careful zoning decisions that South Burlington has made to balance competing interests. We are happy
to provide more detail in this regard.
The criteria in the bill to use the existence of municipal water and sewer as the way to direct housing
will result in more suburban sprawl in South Burlington. Moreover, the objectives of this bill will not be
met in the numerous Vermont towns and villages that do not have municipal water and sewer
infrastructure in their downtowns. So, using municipal water and sewer as a criteria to direct housing
will, in some cases, do just the opposite of what is intended. In South Burlington, it will direct dense
housing over our natural resource lands. In other towns it will do nothing to direct housing into their
downtown centers.
We strongly urge that this provision be removed from the contemplated legislation. As an alternative,
for municipalities that have neighborhood development areas, designated downtown development
districts and/or designated growth center, limit 24 VSA § 4412(12) to those areas. The legislation could
also exempt municipalities that demonstrate that a substantial portion of their buildable acreage is
zoned for at least 5 units/acre.
Second, it is unclear to us whether – where this provision applies – it requires a municipality to require
development to be built at a density of at least 5 units/acre, or requires a municipality to allow
development to be built at a density of at least 5 units/acre. We would recommend clarifying that this
is an allowance for development..
2. Proposed 24 VSA § 4412(13) provides as follows:
In any district served by municipal sewer and water infrastructure that allows residential
development, any mixed use developments and affordable housing developments, as defined in
section 4303(2)of this title, may exceed building height limitations by one additional habitable floor
beyond the maximum height and using that additional floor may exceed density limitations for
residential developments by an additional 40 percent, provided that the structure complies with the
Vermont Fire and Building Safety Code.
As described above, South Burlington has a detailed framework for providing relaxed zoning criteria
and/or zoning bonuses in connection with mixed use developments and affordable housing
developments. Proposed Section 24 VSA § 4412(13) would pre-empt South Burlington’s carefully
considered framework and we strongly urge that this provision be removed from the contemplated
legislation or only apply to municipalities that have not adopted an affordable housing bonus structure
such as inclusionary zoning.
3. Proposed 24 VSA § 3101(a) (contained only in H.86) provides as follows:
Any energy codes and regulations adopted after July 1, 2023 shall not be more restrictive than the
Residential Building Energy Standards or the stretch code adopted under 30 V.S.A. § 51 or the
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Commercial Building Energy Standards adopted under 30 V.S.A. § 53, except where enabled by a
municipal charter.
It appears that this provision would preempt ordinances that South Burlington is contemplating
adopting to address our climate crisis, and would have preempted our new construction ordinance
described above (which will require all new construction to use renewable energy sources for domestic
hot water and primary heating systems) had proposed 24 VSA § 3101(a) been effective at the time that
ordinance was adopted.
We strongly urge that this provision be deleted from H.68. Indeed, we would urge that across the State
all new construction be required to adhere at a minimum to the Residential Building Energy Standards
stretch code.
4. Proposed 24 VSA § 4471(e) provides as follows:
Notwithstanding subsection (a) of this section, a determination by an appropriate municipal panel
that a residential development will not result in an undue adverse effect on the character of the area
affected shall not be subject to appeal if the proposed residential development seeking conditional
use approval under subdivision 4414(3) of this title is within a designated downtown development
district, designated growth center, or designated neighborhood development area.
We are concerned that this provision could weaken protections for historic areas in downtown districts
and would recommend that an exception be made for historic areas.
In contrast to the provisions above, we recommend that state legislators continue, as in the past, to
provide incentives to build affordable housing. We here in South Burlington have benefited from this
clearsighted leadership in Montpelier. Carrots work more effectively than sticks, and we submit to you
that the stick is only justified, in the public's mind at least, in the rarest of circumstances. What
circumstances specific to localities have compelled you to take the drastic step of legislating in the place
of local planning bodies? Because of the complexities of local planning, we ask you to tread very
carefully before taking such extraordinary steps.
Please rest assured that we here in South Burlington are actively seeking to address the affordable
housing shortage. Look upon us as partners. Engage us in dialogue so that the specific problem that you
in Montpelier are trying to fix in any particular municipality is clear to you and to your constituents.
Then you can assess and ascertain whether the bill would be an effective response to the problem.
Otherwise, the solution you propose might do more harm than good.
Thank you for your willingness to serve and for your attention to these matters, in particular. We look
forward to working in partnership with you on legislation that addresses the housing shortage, and
would be pleased to offer oral testimony before your committees on these proposals.
[South Burlington City Council]