HomeMy WebLinkAboutAgenda - City Council - 04/03/2023 - Regular Council MeetingAGENDA
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/citycouncil-04-03-2023 You can also dial in using your phone. +1 (224) 501-3412 Access Code: 357-939-309
Regular Session 6:30 P.M. Monday April 3, 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 the March 9th and March 20th City Council Meetings.
C.Appoint Laurie (Lawrence) Smith and Fran (Francis) McDonald to the PlanningCommission for terms ending June of 2024D.Appoint John A Moscatelli to the Development Review Board for a term ending June
of 2025E.*** Approve request for Exemption to Connect to Public Wastewater System for aproposed ADU at 1505 Dorset StreetF.*** Approve submission of a State of Vermont Municipal Highway Class 2 pavinggrant to fund paving a section of Spear Street and approve the Certificate ofCompliance
7.*** Receive and approve the Chittenden Solid Waste District FY24 Budget – Sarah Reeves,Executive Director (7:00 – 7:20PM)
8.*** Receive an update from VT Air National Guard Fire Chief on community engagement
and mutual aid – Fire Chief Brannon Soter and Mr. Shannon Kelly, Environmental ProgramManager (7:20 – 7:50PM)
9.*** Consider signing on to Settlement Agreements with Teva, Allergan, CVS, Walmart, andWalgreens that would enable the State to maximize the return to Vermonters – Jill Abrams,
Director of the Consumer Protection and Antitrust Unit of the Office of the VT Attorney General (7:50 – 8:10 PM) 10. *** Discussion on the City Clerk's retirement and filling the position until Town Meeting Day 2024 – Daisy Brayton, Human Resources Director (8:10 – 8:25 PM) 11. *** Receive an update from staff on regulating rental properties, short-term rental properties, and enforcing and educating on these requirements and provide direction – Steven Locke, Deputy City Manager (8:25 – 9:10 PM) 12. *** Receive and accept amendments to the Land Development Regulations #LDR-22-09 and possibly set a Public Hearing for May 1, 2023 at 7:30 PM – Paul Conner, Planning and Zoning Director (9:10 – 9:25PM) 13. *** Approve the use of up to $30,925 in General Fund Fund Balance to support one crossing guard at the Rick Marcotte Central School for the remainder of the 2022-2023 school year and purchase a speed radar sign at the Gertrude Chamberlin school zone – Jessie Baker, City Manager (9:25 – 9:45 PM)
14. *** Approve the 2023 - 2024 Council Liaisons to Committees assignments – Jessie Baker, City Manager (9:45 – 10:05 PM)
15. *** Convene as the South Burlington Liquor Control Commission to consider the following: 802Cocktails, LLC, First & Third Class Commercial Caterer; Always Full Asian Market, Second Class License; Applebee’s, First & Third Class Restaurant/Bar; Barnyard First &
Third Class Restaurant/Bar & Outside entertainment permit; Bueno Y Sano, First Class Restaurant/Bar; Catering by Dale/Copper at Dorset, First & Third Class Restaurant/Bar & First Class Commercial Caterer; Cheese & Wine Traders, Second Class License; Club35,First & Third Class Club; Double Tree by Hilton, First & Third Class Hotel, Second Class; Eagles #793, First & Third Class Club & Outside Consumption; Eco Bean and Greens, First Class Restaurant/Bar; Healthy Living Market & Café Second Class License; Higher Ground, First Class Club; Jiffy Mart #145, Second Class License; Klinger’s Bread, Second Class License; Marco’s Pizza, First Class Restaurant/Bar; Mill Market & Deli, Second Class License; Moe’s Southwest Grill, 1st Class Restaurant/Bar & Outside Consumption permit; Moose Lodge #1618, First & Third Class Club, annual entertainment Permit; Old Post, The Entertainment permit – annual; Rotisserie, First & Third Class
Restaurant/Bar & Outside Consumption; Target Store #T-3306, Second Class License Trader Joes #527, Second Class License; Vermont National Country Club, (2) First Class Restaurant/Bar, Third Class & Second Class; Waffle Chalet, First Class Restaurant/Bar;
Walgreen’s, Second Class License; Zachary’s Pizza, First Class Restaurant/Bar; Zen Garden, First & Third Class Restaurant/Bar - (10:05 – 10:15 PM)
16. Other Business (10:15 – 10:20 PM) 17. Adjourn (10:20 PM) Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 4/4/2023 Through 4/4/2023
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
4/4/2023 4552 FirstLight Fiber Account 101167 21.43 13822679
4/4/2023 4553 Office Essentials of Vermont Job Order Invoices 331.92 39305
4/4/2023 Office Essentials of Vermont Paper for SBWD Water Bills 624.10 39306
4/4/2023 Office Essentials of Vermont Toner for Water Bill Printing 195.47 39318
Total 70 - South Burlington Water
Department
1,172.92
Report Total 1,172.92
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
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CITY COUNCIL ORGANIZATIONAL MEETING 9 MARCH 2023
The South Burlington City Council held an organizational meeting on Thursday, 9 March 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, T. Barnes
ALSO PRESENT: J. Baker, City Manager; C. McNeil, City Attorney
Ms. Baker presided over the meeting until the election of a City Council Chair.
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:
Ms. Baker asked to add to Other Business the submission of 4 projects to the Congressional
delegation for consideration for funding to lower the amount needed to fill the funding gap.
3. Comments and questions from the public not related to the agenda:
No issues were raised.
4. Under Section 13.303 of the City’s Charter, Elect a City Council Chair, Vice Chair and
Clerk (City Manager presiding):
Ms. Baker opened the floor for nominations.
Mr. Barritt nominated a slate of Helen Riehle, Chair; Meaghan Emery, Vice Chair; Tim Barritt,
Clerk. Ms. Emery seconded.
There were no further nominations, and the nominated slate of officers was passed 4-0.
Ms. Riehle thanked the Council and pledged to continue leading thoughtfully and respectfully of
different opinions. She said that Council members are welcome to request items for an agenda
ahead of time and noted that there is a long-range agenda planner. Ms. Riehle also noted the
CITY COUNCIL ORGANIZATIONAL MEETING
9 MARCH 2023
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overwhelming support by the community of ballot items which she attributed to the work of
the Council and the leadership of Ms. Baker.
5. Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended in recent days.
Mr. Barnes said he was very honored and enthusiastic to be a member of the Council.
Ms. Riehle acknowledged the outstanding job done by City Clerk Donna Kinville at the election.
She also noted that Ms. Kinville has agreed to help the new City Clerk with the election process.
Ms. Baker: Orientation for new Council members will take place of 20 March.
The appointment of City Council liaisons to committees will take place at the first
meeting in April.
Thanked voters for the 72-80% approval of ballot items.
The State Auditor is half through the TIF audit. The cost for this audit is $83,367.
It can be paid for from the TIF increment.
The City is very actively moving forward on the Dorset Street shared use path.
Easements will be purchased in the near future.
The Meyers Court permit appeal will go to trial on March 22-23.
Council information will be moving to “Share Point” instead of “Council Box.”
There will be 2 events at the Library on Saturday, 11 March a “Veterans’ Journey”
and a Veterans Town Hall.
6. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from meetings of 6 February and 21 February 2023
c. Award the landscaping bid to Vermont Stone and Horticulture
CITY COUNCIL ORGANIZATIONAL MEETING
9 MARCH 2023
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Mr. Barritt moved to approve the Consent Agenda as presented. Ms. Emery seconded. Motion
passed 4-0.
7. Approve the annual appointments of various city officials pursuant to the City
Charter, Chapter 13, Section 301(2) and relevant municipal ordinances:
Ms. Baker noted that everyone one the list works for the City. She noted two changes from last
year with Ms. Machar now serving as Treasurer and Mr. Gillies serving as Zoning Administrator.
All appointments are for 1 year.
The list of appointments was read into the record.
Ms. Emery moved to approve all appointments as presented pursuant to City Charter Chapter
13, Section 301(2) and relevant municipal ordinances. Mr. Barnes seconded. Motion passed 4-
0.
8. Discuss and possibly approve the 2023-2024 City Council meeting schedule
pursuant to the City Charter, Chapter 13, Section 305(a):
Ms. Baker noted there is a meeting scheduled for 19 June which is “Juneteenth.” She said this
meeting could be rescheduled. There is also a meeting scheduled for 3 July which Ms. Baker
recommended rescheduling to 10 July. That is the meeting at which the tax rate must be set to
meet the required notice to taxpayers.
Ms. Riehle suggested meeting on 19 June and reminding the public of what “Juneteenth” stands
for. Mr. Barnes said he knows someone who could provide context for that discussion. Ms.
Baker said she would see what she can put together.
Mr. Barritt moved to accept the proposed City Council meeting schedule as presented by the
City Manager. Ms. Emery seconded. Motion passed 4-0.
9. Designate the official paper of record (current The Other Paper):
Ms. Emery moved to designate The Other Paper as the city’s official paper of record. Mr. Barnes
seconded. Motion passed 4-0.
10. Designate the official Depositories (currently TD Bank):
CITY COUNCIL ORGANIZATIONAL MEETING
9 MARCH 2023
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Ms. Riehle noted that TD Bank has been very good to the City. Mr. Barritt asked whether they
have kept up with interest rates as some other banks have not. Ms. Baker said they have.
Mr. Barnes suggested also working with Opportunities Credit Union which does a great job of
including marginalized people. They have a branch in Winooski and one on North Avenue in
Burlington. Ms. Baker said the City of Winooski partnered with them when she was in
Winooski. She suggested thinking of them in regard to the Climate Action Plan and Affordable
Housing.
Mr. Barritt moved to designate TD Bank as the Official Depository for the next year. Mr. Barnes
seconded. Motion passed 4-0.
11. Appoint City Council representative to the Pension Advisory Committee:
Mr. Barritt indicated his willingness to continue to serve in this capacity.
Ms. Emery moved to appoint Tim Barritt as City Council representative to the Pension Advisory
Committee. Ms. Riehle seconded. Motion passed 4-0.
12. Other Business:
Ms. Baker noted that Ms. Blanchard did a quick e-mail to each of the Congressional delegation
and subsequent meetings were held with each representative. The City is requesting funding
for projects that have already been approved in order to fill funding gaps. The projects are:
a. East-west crossing bridge
b. Williston Road streetscape
c. Bartlett Bay Treatment Facility project
d. Stormwater project at Farrell Street that needs to be revamped
Ms. Emery moved to approve the request for Congressional funding as presented. Mr. Barnes
seconded.
Ms. Riehle noted burning issues that members need to be aware of in the coming months:
1. Working closely with the Legislature to be sure the proposed housing bill and associated
bills don’t run roughshod over local control and all of the work the City has done to be
CITY COUCNIL ORGANIZATIONAL MEETING
9 MARCH 2023
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sure development is located where the City wants it to be. Ms. Riehle cited the
importance of being very active in the discussions in Montpelier.
2. Engaging the public in new and different ways regarding meeting climate goals. Ms.
Riehle cited the importance of listening to the public.
Mr. Barritt noted that the great work done by the Council, City staff, and City committees over
the past few years regarding Land Development Regulations is now in jeopardy. He also cited
the need to address short-term rentals, particularly from a safety point of view.
Ms. Emery said she is frustrated with mandates from the State that aren’t always thought
through. In addition to the housing bill, she cited a bill that would require all schools to educate
4 year olds. She cited the strain this puts on taxpayers. She stressed that she is “on board” with
the spirit, but said the Legislature can’t expect people in all communities to be able to deal with
these things.
Ms. Emery also cited the need to provide incentives for home ownership. She said that AirBnBs
need to be taxed as commercial properties.
Mr. Barnes said he is increasingly concerned with public safety and the ability to staff and
provide services people expect. He said that historically the City has done a great job tempering
the “asks,” but he now wonders if the margins are a bit too thin. He cited the increase in crime
in Chittenden County.
Mr. Barnes also shared the concerns about the Legislature and was excited to engage with the
State. He said this is a big step for the Legislature, and he hoped a “win-win” solution was
possible for everyone, possibly a middle ground. Ms. Riehle said the City shares the goals and
has been working for years to address those goals. The City now has rules in place to direct
housing where the City feels it should be. There are, however, communities that have not
addressed the need for housing. She agreed on the need to work with the Legislature.
Ms. Emery questioned whether the City has had any conversations with Ms. Ram-Hinsdale. Ms.
Baker said that she and Mr. Conner have provided significant testimony. Mr. Conner has also
written 2 letters, one in conjunction with other communities. The second letter was sent to the
Natural Resources Senate Committee where the bill in question is now being discussed.
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Ms. Emery asked if VLCT has approved something. Ms. Baker said VLCT people met with Ms.
Ram-Hinsdale before the Legislative session. The League is providing testimony and is trying
not to be a “voice for no.” They want to provide for housing but also be a voice for local control.
Ms. Riehle said she would like the City’s concerns to fall on receptive ears at the Natural
Resources Committee so that the work the City has done to identify and protect critical
resources is not undone.
Ms. Baker noted that the Council’s direction to staff was to have Mr. Conner represent the City’s
concerns. That is the guidance staff is working with.
Ms. Riehle noted the proposed bill will also go to the Appropriations Committee because there
is also a lot of money involved as well.
Ms. Riehle also noted she had met with School Board people regarding having a joint dinner of
Councilors and School Board members to get to know each other. She stressed the need to
work more closely with the School Board than in the past, especially if the City is building dense
housing that will bring more children into the school system. Common Roots has indicated its
willingness to provide a dinner. Ms. Riehle said she will work with the new School Board Chair,
Alex McHenry to come up with a date, hopefully soon. She asked members to send her any
dates that will not work for them.
As there was no further business to come before the Council Ms. Emery moved to adjourn.
Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 7:43 p.m.
_________________________________
Clerk
CITY COUNCIL 20 MARCH 2023
The South Burlington City Council held a regular meeting on Monday, 20 March 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, T. Barnes, A. Chalnick
ALSO PRESENT: J. Baker, City Manager; C. McNeil, City Attorney; D. Kinville, City Clerk; P. Conner,
Director of Planning & Zoning; D. DiPietro Public Works Director; E. Quallen, Deputy Public
Works Director; Chief S. Locke, Fire Department; B. Sirvis, A. Demetrowitz, Dr. T. Childs, D.
Peters, C. Sistrasnd, L. Bailey, R. Greco, D. Bugbee, J. Morrill, N. Senecal, L. Smith, K. Bailey, M.
Ostby, B. Companion, T. Lenski, MTM, S. Dooley, Laura, M. Mittag, R. Doyle, M. Stussy, L.
McDonald, D. Parsons, J. Moscatelli, M. Scanlon, M. Korpos, F. McDonald, Ms. Easton
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:
Ms. Emery moved to have a discussion with the City Attorney between items 7 and 8 regarding
city liability. Mr. Barritt seconded. Motion passed unanimously.
3. Comments and questions from the public not related to the agenda:
Ms. Greco said she was concerned with City Center and the lack of green space. She recalled
the original plan to have all the City Center buildings built around a large green community
space. Now, she said, there is virtually no green space for residents. Ms. Baker noted the
presence of Goose Park and the soon to be built boardwalk from Goose Park to City Center
Park. The remainder of City Center land is privately owned.
4. Announcements and City Manager’s Report:
Council members reported on meetings and events they had attended.
Ms. Emery voiced her disappointment with the styles of buildings in City Center. Ms. Riehle
noted that finding an architectural style that pleases everyone is impossible and that buildings
built 15 years ago are very different from what is being built today.
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Ms. Baker: Tomorrow at 9:30 a.m., the traffic light at Williston Road/Hinesburg Road will be
down for about half an hour.
Thanked those who attended and participated in the Fire Department planning
session earlier today.
The Police Department has deployed its first hybrid cruiser.
On 3 April, CSWD Administrative Offices will be moving into 19 Gregory Drive.
Also on 3 April, the Library will be closed so staff can attend a Library conference.
The next agenda will include a process for the next City Clerk as well as a
presentation on a rental ordinance.
Ms. Riehle asked member to let her or Ms. Baker their preferences for committee and other
appointments.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve the Subgrant Agreement between the City of South Burlington and
Champlain Housing Trust, awarding $300,000 of ARPA dollars to be used to
fund the renovation and conversion of the former Ho Hum Motel
c. Adopt the Local Emergency Management Plan
d. Approve a Resolution in support of utility box art on Shelburne Road and
Hinesburg Road
e. Receive the February 2023 Financials
f. Approve the updated Purchasing Policy
Mr. Emery asked what Mr. Hubbard has been consulting on. Ms. Baker explained that he has
been providing technical assistance to Ms. Machar and others.
Mr. Chalnick asked if there is a policy regarding purchase of electric vehicles. Ms. Baker said
that has been considered.
Mr. Chalnick also expressed concern that the city have a “green purchasing” lens to show
leadership to the community.
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Regarding the Emergency Plan, Mr. Chalnick asked if the city is prepared for an F-35 crash. He
didn’t see this in the Plan. Mr. Barritt said the Council went through the discussion in 2017. The
Fire & Police Departments are satisfied they have everything they need for any aircraft incident.
Chief Locke said that is still the case today, and the document can be applied to all hazards.
Mr. Chalnick said it is hard to make a judgment as to whether disbursements are appropriate.
He asked what process the city uses to be sure of this. Ms. Baker described the numerous
layers of review for every invoice received. She expressed willingness to sit with Mr. Chalnick
and review this further. She also noted that the Council will be seeing new finance policies. The
city has been using a very old finance tool which they are looking to update.
Mr. Barritt asked what the CWD Antenna Tower Fee is for. Chief Locke said he believed it is the
rent the city pays to have its transmitter up there. Ms. Baker said she will check on this.
Ms. Emery moved to approve the Consent Agenda as presented. Mr. Barritt seconded. Motion
passed unanimously.
Ms. Baker suggested members send her questions regarding the Consent Agenda in advance so
she can answer them in open session.
6. Approve a Resolution Declaring April 2023 Fair Housing Month:
Mr. Trombly reviewed the history and noted this would coordinate with future efforts in the city.
The Affordable Housing Committee will also be mounting an exhibit in the Library.
Mr. Chalnick suggested changing “eliminate discrimination” to “insure fair housing.”
Mr. Barnes moved to approve the Resolution declaring April 2023 as Fair Housing Month as
presented. Ms. Emery seconded. Motion passed unanimously.
7. Executive Session:
Mr. Barritt moved that the Council make a specific finding that premature general public
knowledge of confidential attorney-client communications made for the purpose of providing
professional legal services to the Council would clearly place this public body at a substantial
disadvantage. Ms. Emery seconded. Motion passed unanimously.
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Mr. Barritt then moved that the Council enter into executive session for the purpose of
confidential attorney-client communications made for the purpose of providing professional
legal services to the Council, inviting into the session Ms. Baker, Mr. McNeil and Mr. Conner. Ms.
Emery seconded. Motion passed unanimously.
8. Approve a Resolution outlining the Council’s position on the Omnibus Housing Bill
before the Legislature:
Ms. Emery noted that Mr. Conner wrote a very helpful letter to the Senate Natural Resources
Committee. They did not make any of the changes Mr. Conner recommended. Sen. Baruth was
going to bring it to their attention. The next committee the bill goes to will be the
Environmental Committee. Mr. Conner’s letter reviews the city’s goals and the currently
available housing potential, including affordable housing. The letter also explains the TDR
program and the city’s concern for environmental goals and the concern that S-100 could
undermine those initiatives. The hope is that the letter could also go to the House
Environmental Committee and to Vermont Digger as this is of concern to the whole state.
Mr. Barritt moved to adopt the letter and to send it to the State Legislature and to Vermont
Digger. Mr. Chalnick seconded.
Mr. Barritt said he spoke with Sen. Ram-Hinsdale and said South Burlington is not in agreement
with parts of S-100 and that land in the city is managed to everyone’s advantage. Density is
being increased where it should be and not where it shouldn’t. Mr. Barritt added that he had
little hope that anyone in Montpelier would see or hear this as there seems to be a steamrolling
effort.
Mr. Barnes said he is appreciative of the work that went into the LDRs, some of which he agrees
with and some of which he does not. He heard a number of residents speak very passionately
on Wednesday regarding the dire need for more and different types of housing. He didn’t hear
a corresponding desire for conservation. He said that he doesn’t think that apartment living
serves the need for play and open space. He added that he was also concerned with equity in
the schools. Only 4 children in his son’s entire school have played an organized sport. This is in
contrast to other schools that have a higher percentage of “haves.”
Ms. Emery said that at some point in their lives people look for an apartment lifestyle. They
don’t want to take care of a yard. Young professionals also use fewer city services. She felt
The city’s regulations provide more options for people.
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Mr. Barnes said he didn’t disagree, but he didn’t think people move to Vermont for that. He
would like to see homes with yards with more density. Mr. Barritt said the average person can’t
afford a home where development will be happening in the next 10 years. The land is too
expensive. Mr. Barnes said he would like to see most state-wide development happen “here.”
Dr. Childs questioned the word “affordable,” and said $400,000 is not affordable for many
people, especially people of color.
Ms. Greco said at the Natural Resources session, Mr. Barnes would have heard people speaking
of conservation. She added that we need natural resources to survive. She felt the city had
looked for places for housing and for land to conserve.
Ms. Emery stressed that the city is not opposing the bill. It is asking the Legislature to consider
Mr. Conner’s letter in their deliberation.
Mr. Trombly said there are elements of S-100 that the city supports. He felt the letter leans
toward the negative. Ms. Riehle said that when she appeared in Montpelier, she made it clear
that there were a lot of things South Burlington supported.
Ms. Korpus said she didn’t want to undo the good work the city has done.
In the vote that followed, the motion passed 4-1 with Mr. Barnes voting against.
9. (#11 on the agenda) Public Hearing and second reading of Land Development
Regulations #LDR-22-09 – a series of minor amendments to the Environmental
Protection Standards:
Ms. Emery moved to open the public hearing. Mr. Barritt seconded. Motion passed
unanimously.
Mr. Conner said the amendments make minor changes to environmental standards after the
DRB expressed concern with some “quirks” with the new LDRs. In a few instances, a wetland
buffer could extend through the middle of a house. There was also concern with environmental
restoration projects potentially being prohibited.
Ms. Easton brought a property maintenance issue to the Council’s attention and noted that staff
has tried unsuccessfully to address her issues but could not find a solution in the language.
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A section of her property has “slumping terrain” which has impacted the functionality of the
property. A section of a sitting wall is being destroyed by this. Pictures and a plan of the
property were show. Ms. Easton said the house was built in the only place it could be built. It
had the blessing of environmental experts and the DRB. They have tried some environmental
engineering and consulted professionals. Large stones were proposed, but the city opposed
this. They do not want to sit by and watch the deterioration of their property. She felt more
time should be spent looking at amendments that will allow people to address problems such
as theirs.
Ms. Riehle asked if this is something the Planning Commission can work on and get back to the
Council. Mr. Conner said he would be more than happy to come back with something for the
next meeting. If the Council is OK with it, a second public hearing would have to be warned.
Ms. Emery asked if the Eastons are fighting the course of the river. Ms. Easton they are located
nowhere near the stream. She added that there is also a safety issue of stones rolling down the
hill. She would be happy to put a rain garden in there. She stressed that some properties don’t
fit the regulations, and the city needs to work with taxpayers in those situation.
Mr. Barritt moved to close the public hearing. Ms. Emery seconded. Motion passed
unanimously.
10. (#9 on the Agenda) Interview candidates for the Planning Commission:
The Council interviewed the following applicants:
a. Ryan Doyle
b. Francis McDonald
c. John Moscatelli
d. D. Lawrence Smith
e. Michael Scanlon
f. Michelle Korpos
g. Nora Senecal
11. (#10 on the Agenda) Interview candidates for the Development Review Board:
a. David Parsons
b. Ted Lenski
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20 MARCH 2023
PAGE 7
c. John Moscatelli (also interviewed for Planning Commission)
12. (#16 on the Agenda) Receive a request from the School Board on traffic safety
around schools, receive information from City staff, and possibly take action:
Ms. Baker noted that in February the School Board had a discussion regarding safety around
schools. Mr. DiPietro and Ms. Quallen have gone through this regarding technical details.
Mr. DiPietro reviewed the 6 bullet points in the School Board memo:
1. Speed limits – reduce to 25 mph. Mr. DiPietro said this would require an
engineering analysis (this is State Statute). He noted that the speed limit
near the elementary schools is 25 mph. On Dorset Street (near the High
School and Middle School), it is 35 mph.
2. Establish “School Zones”
3. Install blinking radar signs. Mr. DiPietro said this can certainly be done. The
cost would be $22,000 for each setup.
4. Install pedestrian scale lighting on Dorset Street. Mr. DiPietro said this can
definitely be looked into.
5. Provide crossing guards. Mr. DiPietro said this would definitely be supported.
The Police Department would train people to serve in this capacity.
6. Install speed bumps. Mr. DiPietro said this is a way to reduce speeds.
Mr. DiPietro noted that Ms. Quallen has been working with CCRPC, and some timelines have
been moved. CCRPC will do a study for a “school zone” at Orchard School in an earlier time
frame and then do a study for Central School later (Chamberlin already has that designation).
The Dorset Street signals project is beginning. There will be pedestrian signals and timing
improvements. The hope is to have these done by September.
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PAGE 8
Ms. McDonald, Principal of Central School, then explained safety issues for children who are
walking to school. This has become urgent with the new construction adjacent to the school.
Students from the Garden Street apartments have to cross the road 5 times to get to school. In
3 weeks, the developer will be closing the sidewalk which will result in students having to cross
that street several times. The developer is willing to put in a path with woodchips. Teachers
and administrators are having to walk with children and stop traffic to allow them to cross
streets safely. Crossing guards are definitely needed.
Ms. Riehle asked if there will be a sidewalk when the building is finished. Ms. McDonald said
there will be a path all the way to the school.
Ms. Emery asked if traffic can be limited on Market Street at certain times of day. Mr. DiPietro
said there is no enforcement ability.
Ms. McDonald said there is also an issue with school buses turning left onto Market Street.
Mr. Barritt suggested asking the developer to use transparent fencing so people can see
oncoming traffic. Mr. DiPietro said he would discuss that with them tomorrow.
Mr. Barritt raised the issue of having no parking on the curve on Market Street. It is impossible
to see people getting out of their cars.
Ms. Riehle said she was surprised about the bus situation because the city had traffic specialists
who didn’t consider the width of School Street. She said they may need to think what that
street looks like and possibly not allow parking there. Ms. Baker noted that is a prime parking
place for seniors who come to the Senior Center. Ms. Emery suggested possibly having no
parking at certain hours. Ms. McDonald suggested 2:15-2:45 p.m. and 7:45-8:15 a.m.
City staff will work with DPW and then come back to the Council with any budget requests. Ms.
McDonald said a committee is being formed that will include students so they can see the
importance of finding solutions together.
Ms. Ostby noted that the Planning Commission approved a motion to allow the school to
choose a name for what is being called “School Street.” She felt this would also be something
for students to participate in.
CITY COUNCIL
20 MARCH 2023
PAGE 9
Ms. Ostby also noted there are 2 crosswalks in front of the High School. One is at a light and is
very dangerous, especially at dismissal. Cars in the inner lanes cannot see the flashing lights.
She asked if anything can be done to have a light in the middle of the road when a road is more
than 2 lanes.
Ms. McDonald also noted there is a crosswalk on Market Street that is not valid, and the sign
should be taken down as it leads to a dead end. She asked if there could be a temporary cross-
walk from the corner of the Library to the school sign. Students could then continue straight to
the school. Mr. DiPietro said he would look at that tomorrow. He was also concerned that the
path from the crossing is no longer there.
Mr. Doyle noted that Dorset Street is constructed to move traffic as quickly as possible. When
you go by the manuals, you don’t get the “complete streets” the city wants.
13. Orientation to Council Service and Municipal Operations:
Due to the late hour, Ms. Baker said she would meet with the 2 new City Councilors for this
orientation.
14. Adopt the City Council Rules of Procedure and
15. Adopt the Conflict of Interest and Ethics Policy for elected and Appointed Officials:
Ms. Baker said these are the same as last year and are based on VLCT guidelines. They need to
be adopted.
Mr. Barritt moved to adopt the City Council Rules of Procedure and the Conflict of Interest and
Ethics Policy as presented. Mr. Barnes seconded. Motion passed unanimously.
16. (#17 on the agenda) Consider supporting an application to the Department of
Energy for funding to develop a State-wide plan to get a residential energy code
enforcement system:
Ms. Baker said she felt this would be good for the city to sign onto and have the Council Chair
sign.
Ms. Emery moved to support the application to the Department of Energy for funding to
develop a State-wide plan to get a residential energy code enforcement system. Mr. Chalnick
CITY COUNCIL
20 MARCH 2023
PAGE 10
seconded. The motion passed 4-0 with Mr. Barnes voting against as he was not familiar with
the item.
17. Convene as the South Burlington Liquor Control Commission to consider the
following:
Bliss Bee, 1st Class Restaurant/Bar and Outside Consumption permit; Champlain Farms (1118
Williston rd), 2nd Class License; Champlain Farms (1800 Williston Rd), 2nd Class License;
Champlain Farms (801 Williston Road), 2nd Class License; CVS, 2nd Class License; Gonzo’s
Indoor Golf, 1st Class and 3rd Class Restaurant/Bar License; Gracey’s Liquor Store, 2nd Class
License; Gracey’s Store & Deli, 2nd Class License; Green Mountain Suites Hotel, 1st Class
Restaurant/Bar License and Outside Consumption Permit; Guild Tavern, 1st Class & 3rd Class
Restaurant/Bar License; Hana Japanese, 1st Class & 3rd Class Restaurant/Bar License;
Hannafords (935 Shelburne Rd), 2nd Class License; Hannafords (Dorset St), 2nd Class License;
Homewood Suites, 1st Class Restaurant/bar, 2nd Class license and Outside Consumption
Permit; Interstate Shell, 2nd Class License; Jolley #146 (1110 Shelburne Rd), 2nd Class License;
Jolley #104 (1830 Shelburne Rd), 2nd Class License; Jolley #105 (1314 Williston Rd), 2nd Class
License; Jolley #107 (977 Shelburne Rd), 2nd Class License; Kinney Drugs, 2nd Class License;
Maplefield’s (811 Williston Rd), 2nd Class License; Maplefield’s at the Airport (1801 Williston
Rd), 2nd Class License; Old Post, LLC (The), 1st Class & 3rd Class Restaurant/Bar License and
Outside Consumption Permit(s); Olive Garden, 1st Class and 3rd Class Restaurant/bar License
and Outside Consumptions Permit(s); Pour House, 1st Class & 3rd Class Restaurant/Bar License
and Outside Consumption Permit; Price Chopper, 2nd Class License; Pulcinella’s, LLC, 1st Class &
3rd Class Restaurant/Bar License; Red Barn Market & Deli, 2nd Class License; Shaw’s 2nd Class
License; Shelburne Rd Variety, 2nd Class License; Simon’s Store & Deli (Shelburne Rd), 2nd Class
License; Skinny Pancake at the Airport, 1st Class & 3rd Class Restaurant/Bar License;
SugarSnap, 1st Class & 3rd Class Commercial Caterer; Vermont Pool & Bar, 1st Class & 3rd Class
Restaurant/Bar License and Outside Consumption Permit; Weird Window Brewing, 1st Class
Restaurant/Bar License and Outside Consumption Permit; Windjammer, 1st Class & 3rd Class
Restaurant/Bar License and Outside Consumption Permit
Mr. Barritt moved to approve the list of 1st, 2nd, and 3rd class liquor licenses as presented. Ms.
Emery seconded. Motion passed unanimously.
18. Consider entering Executive Session for the purposes of discussing appointments
to the Planning Commission and the Development Review Board:
CITY COUNCIL
20 MARCH 2022
PAGE 11
Ms. Riehle noted that appointments will be announced tomorrow when candidates are notified.
The appointments will be approved by the Council at its next meeting.
Ms. Emery moved that the Council meet in executive session for the purpose of discussing
appointments to the Planning Commission and Development Review Board and to invite Ms.
Baker into the session.
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 11:33
p.m.
_________________________________
Clerk
2
MEMORANDUM
TO: Jessie Baker, City Manager & South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Request for Exemption to Connect to Public Wastewater System for proposed ADU at
1505 Dorset Street
DATE: April 3, 2023 City Council meeting
The City has received a request to allow an on-site septic system to be installed in association with a proposed
Accessory Dwelling Unit at 1505 Dorset Street. The “Ordinance Regulating the Use of Public and Private Sanitary
Sewerage and Stormwater Systems” lays out the rules and procedures for new wastewater connections and
systems.
Section 2.1, Use of Public Sanitary Sewer System Required”, states that:
“(D) the owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or
other purposes, situation within the City and abutting on any street, alley, or right-of-way in which there is
located a public sanitary or Combined Sewer of the City, is hereby required at his expense to install suitable toilet
facilities therein, and to connect such facilities direction with the proper public sewer in accordance with the
provisions of this Ordinance, within one hundred and eighty (180) days after official notice to do so, unless
specifically exempted from this provision by the City Council.
1505 Dorset Street has a right-of-way access to Dorset Street. Dorset Street is served by public sewer. The existing
house is on an on-site septic system. The property owner is preparing an application to construct an Accessory
Dwelling Unit on the property, approximately 1,800’ from the public sewer line. Pursuant to Section 2.1 of the
Ordinance, above, City Council approval is required in order for an on-site system to be used.
Tom DiPietro, Director of Public Works, reviewed the request. In an email to the applicant, he stated that given the
proposed dwelling unit’s location, ~1,800’ from the Dorset Street sewer line, “I do not have any comments /
concerns to provide related to an onsite system proposed at this location.”
Proposed action: Approve exemption for proposed Accessory Dwelling Unit at 1505 Dorset Street from
requirement to connect to the City’s public sewer line on Dorset Street.
Note: this action would not alleviate the applicant’s requirements to design and permit an on-site septic systems in
accordance with regulations of the State of Vermont.
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OBCA 3-22-23
South Burlington Vermont
1
Location Map
Scale: 1" = 1000'
Nowland Farm Road
Dorset StreetCider Mill Dr
Old Cross RoadOld Schoolhouse RdWillowbrook Ln
Sadie Lane
Link Rd
CIVIL ASSOCIATES, PLC
O'LEARY-BURKE
ESSEX JCT., VT
PHONE: 878-9990
FAX: 878-9989
E-MAIL: obca@olearyburke.com
13 CORPORATE DRIVE
Legend
Project Boundary
Other Property Line
Contour Line
Wetland
Soil Boundary
Dahlstrom Parcel
Location Plan
2017-61A
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Site +/-
575 Dorset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com
Physical Address: 104 Landfill Road South Burlington
Memo
To: South Burlington City Council
From: Adam Cate, Deputy Director of Operations
Cc: Jessie Baker, City Manger
Tom Dipietro, Director of Public Works
Date: March 23, 2023
Re: Class 2 Highway Paving Grant
The South Burlington Department of Public Works is requesting City Council approval for the submission of a
State of Vermont Municipal Highway Class 2 paving grant.
This grant would fund paving the section of Spear Street between Swift Street and Pinnacle Drive. This area is
currently included in the list of streets to be paved as part of the City’s FY24 Annual Paving Program. Spear
Street is classified as a Class 2 State Road and is eligible for the grant. The work performed will include milling
of existing asphalt surface and replacing it with new asphalt. New road striping will also occur. The City’s
estimate for this work is $150,000.
The Municipal Paving Grant requires a match of 20%. If the grant is awarded, the City’s share would be $30,000.
The City’s approved FY24 budget includes $800,000 for paving. These funds would be used to cover the
required match.
RECOMMENDATION Staff recommends that City Council approve submission of an application to the
State of Vermont Municipal Highway Class 2 Grant and authorize the Director of Public works to sign all
paperwork. Staff requests City Council to please sign the attached Certificate of Compliance form.
City of South Burlington, Grant Request Form
Prior to applying for a grant please complete this form and submit to Assistant City Manager.
Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two
weeks notice should be brought to the attention of the Assistant City Manager as soon as possible.
Please attach actual grant application form – either blank or completed
Adam Cate, Deputy Director of Public Works _3/23/2023_____________
Name and title of person completing this form (Project Manager) Date
1. Name/title of grant and submittal deadline date: State of Vermont Class 2 Paving Grant
2. What specifically is the grant’s purpose? To help municipalities offset costs of paving their main roads.
3. What does the grant fund and not fund (be specific)? It funds up to 80% of the paving project with a cap of
$200,000.
4. Total Project Cost: $150,00
a. Amount of grant: $120,000.
b. Is there a City match required, how much and in what fiscal year(s)? Yes, 20%, so $30,000 in this
case. This would be from the FY’24 paving budget.
c. Are there other grants “tied into” or being used as a match for this grant of which are matching
funds for this grant? No.
5. From what budget line will match be paid, and is there unencumbered money to pay it? Highway Paving,
100-12-7000-82.00, yes.
6. Is there a cost to the city upon grant conclusion, and if yes, please describe? No.
7. Is grant for standalone project, and if no, how does grant fit into another project (describe in some detail)?
Standalone project.
8. Length of grant - will the grant cross fiscal year(s)? FY’24 only
9. Who will apply for grant (name/title)? Adam Cate, Deputy Director of Public Works
10. How much time will it take to complete grant application form? One hour.
11. How likely is it that we will receive grant? 50/50.
12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is
filling out this form), what are any grant compliance requirements, how much time will this take and how is
that time available? Are there funds available in the grant to pay for our administrative costs? Can in-kind
service be used as part of the City match? N/A
13. Describe grant payment process – method of cash flow: It’s a reimbursable grant. We bid the contract the
work, pay the contractor and then submit all associated paperwork to VTrans for reimbursement.
14. Should a Council-appointed Committee, Board , or Commission review this request? No
If yes, please update status:
15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits
into your primary mission as approved by City Council and current projects to complete that mission: 5
(rehabilitation of Spear Street from Pinnacle Drive to Swift Street, our only section of State Class 2 road
being paved in FY24)
___________________________________ ___Highway General Fund_________
Reviewed by Asst. City Manager, Date If approved, grant money will be in this fund
______________________________3/27/23 _______________________________
Approved by City Manager, Date Not Approved By City Manager, Date
___________________________________________ ______________________________________
Approved By City Council, Date Not Approved By City Council, Date
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City of South Burlington
7/01 19
✔
✔
March 9, 2023
Jessie Baker
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Dear Jessie:
Attached please find copies of the Chittenden Solid Waste District Proposed FY 24 Budget. CSWD is
scheduled to meet with the City of South Burlington on Monday, April 3, 2023 at 7:00 p.m. Please forward
the attached copy to your City Council for their review.
On Wednesday, March 8, 2023 CSWD’s Board of Commissioners approved sending the Proposed FY 24
Budget to member cities and towns for their approval. Below is Section 4. (b) of the Chittenden Solid Waste
District Charter.
Within 45 days of the approval of the budget by the Board of Commissioners, the legislative body of each
member municipality shall act to approve or disapprove the budget.
The budget shall be approved if approved by the legislative bodies of a majority of the member
municipalities. (For such purposes, each member municipality shall be entitled to one vote.) A legislative body
that disapproves the budget must file with the Board of Commissioners a written statement of objections to
the budget identifying those specific items to be changed, and failure to file such statement of objections
within the forty-five (45) day period shall constitute approval by such municipality. A legislative body that
fails to act to approve or disapprove the budget within the forty-five (45) day period shall likewise be deemed
to have approved the budget.
As stated above, each member municipality may choose to approve or disapprove the budget prior to April
22, 2023. Please feel free to contact me should you have any questions. Thank you.
Sincerely,
Amy Jewell
Director, Administration
Cc: Paul Stabler – Board Rep. Allison Lazarz – Board, Alt.
February 28, 2023
FISCAL YEAR 2024 BUDGET
Dear Board of Commissioners and Citizens of Chittenden County,
I present to you Chittenden Solid Waste District's Fiscal Year 2024 Budget proposal. It provides
necessary funding for facilities, operations, public programs, and capital programs to meet the Board's strategic goals over the coming year. It also lays the foundation to continue to advance those goals
towards the future. I am happy to tell you that the financial condition of CSWD is sound, therefore I do
not see a need for any municipal assessments or per capita fees. We continue to be self-sufficient,
relying on revenue from facility user fees, material sales, and fees charged to haulers when disposing
Chittenden County trash at the landfill to cover the costs of the services we provide.
Managing Increasing Costs Across Programs
Costs continue to increase in several key areas, specifically health benefits, hauling services, fuel costs,
waste disposal fees we pay at the transfer station, and processing fees we pay our MRF operator. The
cost-of-living adjustment provided in July 2022 was below the 12-month average for June, leaving
employees behind the curve. This budget proposes a 7% COLA for July 1, which is slightly below the
December 2022 index of 7.4%. We monitor the US Bureau of Labor Statistics’ consumer price index for
the Northeast (Urban B/C class) and use this as the foundation for COLA recommendations. CSWD’s
recommendation is in line with budgeted adjustments for similar organizations, like the Champlain
Water District, Addison County Solid Waste Management District, and Rutland Solid Waste
Management District. In an effort to mitigate the costs associated with healthcare benefits, CSWD
moved to a lower-priced plan and increased the employee contribution to healthcare premiums.
Employees now contribute 3.5% of their salary/wages towards the costs of providing healthcare
benefits, up from a previous contribution of 3.25% of salary/wages. These two changes decreased the
impacts to the District, and the resulting overall increase to employee Total Compensation per Full-
Time Equivalent was 1.9% over FY23.
MATERIALS RECOVERY FACILITY:
MRF processing costs are rising significantly in FY 2024 due to a new operating contract with MRF
operator, Casella Waste Systems. CSWD pays Casella a per-ton fee to operate the MRF and to market
the sorted materials. This processing fee is increasing by 55%, from $45/ton to $70/ton as of March 1,
2023. To remain a self-supporting facility, we will be raising the MRF tip fee from $80/ton to
$85/ton as of July 1.
Unexpectedly, the second and third quarters of FY 2022 produced the strongest commodity markets
results in over a decade. As quickly as the markets rose, they receded, and we entered the second
and third quarters of FY 2023 with depressed pricing yet again. High demand in spring of calendar
2022 was due to manufacturers over-ordering supplies, and the resulting softening of the markets
was due to manufacturers working through what they’d purchased in the spring. The demand
remains suppressed heading into FY 2024, however pricing is beginning to normalize. This budget
assumes a conservative average commodity revenue of $80/ton, but I expect we will surpass that
average.
Modern Facility
In November 2022 Chittenden County voters voiced overwhelming support for the construction of a
new Materials Recovery Facility on Redmond Road in Williston. Of the 33,000 votes cast on the bond
request, 83% were votes in favor. CSWD is grateful for, thankful for, and humbled by the literal vote
of confidence. The vote authorized a not-to-exceed bond amount of $22,000,000. We are working to
reduce this burden through a combination of grants, zero-interest loans, and District capital reserves.
We are proposing a state-of-the-art facility, complete with high-tech sorting equipment and an
education center. Advanced sorting capability will mean that we’ll have the space and flexibility to
expand what can be recycled in our blue bins/blue carts, allowing more to be diverted from the
landfill and directed to manufacturers as raw materials. In this fiscal year, we will be selecting a
construction firm and aim to break ground in spring of 2024.
ORGANICS DIVERSION FACILITY:
Organics Diversion Facility tip fees are increasing from $65/ton to $70/ton starting July 1. The
increase reflects the goal of bringing the ODF closer to self-sufficiency. This goal took a significant hit
in FY21-22 as Casella began diverting most of their collected food scraps to their depackaging facility.
This reduction represented approximately 30% of the inbound compost feedstock and, while some
material has come back to the ODF we are still operating far below where we were in FY 2021. We’ve
budgeted anticipated food scraps tons inbound to 4,900 tons.
In FY24 we will complete Phase II of the build-out of the facility. The build-out includes a new scale,
new residential food scrap drop-off area, new entrance to the ODF, and a new traffic flow through
the facility. This phase of construction at the ODF increases site safety, allows us to accept up to 7,000
tons of food scraps annually for composting, and allows us to add real-time contamination checks
which will lead to greater quality control and customer education opportunities.
We’ve normalized our sales expectations back to FY18-19 levels, as the Covid-related compost sales
boom has receded. Having a local to Chittenden County resource able and willing to accept the
county’s food scraps means that county residents and businesses can feel good about complying with
the state’s mandate to keep food scraps out of the landfill because the food scraps are becoming
compost, and that the cost to manage those food scraps remains affordable.
DROP OFF CENTERS:
As mentioned in last year’s budget letter, in order to eliminate the DOC subsidy, we are raising bag
prices in FY 2024. We are continuing to review our materials management practices and policies to
obtain a truer understanding of the costs of managing waste materials through the system,
particularly those materials for which we currently do not charge a fee. These no-fee materials are
subsidized by the CSWD general fund, and the subsidy required by the DOC system is growing, this
Sarah Reeves, Executive Director
year topping out at $421,000 without a price increase. The increases are bringing CSWD back to pre-
Covid pricing practices, with the smallest bag priced at $3.00 (up from $2.00), a medium bag up to
$8.00 and the largest bag up to $11.00. These increases get us closer to covering the costs of
managing recycling and food scraps as part of the price of a bag of trash (the smallest bag price still
doesn’t cover those costs) and allow the DOCs to generate a small amount of revenue to contribute
to the capital reserve fund.
Friendly Neighborhood DOC
Even though the DOCs are District facilities, they are very much seen as “local”. This capital budget
includes long-awaited improvements to the DOC in Milton as well as redesigning the DOC in
Burlington. The remaining DOCs will receive updates in successive out-years.
We are also proposing changing the DOC schedule for all sites (except Hinesburg) to a Tuesday –
Saturday schedule, 8:00am 3:30pm. This schedule adds service days to Milton and Burlington and
provides two-days off in a row for our hard-working DOC staff members. The five-day schedule
creates significant efficiencies for our Maintenance Team to perform vital repairs and improvements
at the DOCs while they are closed to the public, improving effectiveness and safety. Our six DOCs
serve 28% of Chittenden County as a primary source of waste disposal, recycling, and management of
special materials not accepted elsewhere. More than 75% of Chittenden County residents use the
DOCs each year, such as for electronics recycling, bulky waste disposal, or leaf and yard waste drop
off. We recognize that we perform a vital function in the community, and the challenge is to do so
safely, efficiently, economically, and in an environmentally responsible manner.
SOLID WASTE MANAGEMENT FEE:
I am recommending that the Solid Waste Management Fee remain at $27.00 per ton of trash
disposed, however the time has come to review the uses of the fee and to discuss a regular
schedule of small increases. This is the fee charged to haulers when they dispose trash in the
landfill in Coventry. The fee has not risen in ten years, despite dramatic increases in District
expenses.
As the economy slowly recovers and grows, as it is forecast to do through 2023-4, waste reduction
education will be even more important. Our team of solid waste professionals is dedicated to
ensuring our members’ solid waste is managed in an environmentally sound, efficient, effective and
economical manner. I continue to work with our team positioning CSWD to make sure we remain a
stable and predictable service provider to the citizens of Chittenden County.
Sincerely,
FY 2024 BUDGET
PROPOSAL
TO VIEW BUDGET DETAIL VISIT
CSWD Financial Information
1021 REDMOND ROAD
WILLISTON, VT 05495
802-872-8100
CHITTENDEN SOLID WASTE DISTRICT
FY 2024 BUDGET PROPOSAL
TABLE OF CONTENTS
A. Budget Memo to Member Legislative Bodies
B. Who We Are
C. FY24 Summary Budget
D. Administrative Descriptions
E. Administrative and Solid Waste Management Programs
F. Operations Descriptions
G. Operating Programs
H. Self-Funded Descriptions
I. Self-Funded and Allocated Programs
J. Capital Budget Highlights
K. Capital Plan
L. Projected Solid Waste Management Fee Revenue
M. Budget Reserve Summary
N. Schedule of Program Tipping Fees
O. Organizational Chart
Individual Program Budgets with Details and Comparisons to previous years are available on line
at https://cswd.net/about-cswd/financial-information/
1
To: CSWD Member Municipality Legislative Bodies
From: Sarah Reeves, Executive Director
Nola Ricci, Director of Finance
Date: March 15, 2023
RE: Fiscal Year 2024 Budget Proposal
OVERVIEW
Fiscal Year 2024 brings many important changes to the future of CSWD. We will be breaking ground on
the new Materials Recycling Facility, reconfiguring the CSWD Drop Off Center at Burlington,
redesigning the CSWD Drop Off Center at Milton, and feeling settled into our leased Administrative
building at 19 Gregory Drive in South Burlington.
In Fiscal Year 2024, we welcome the new Operating Administration department under the Operating
Programs. This new department will absorb the responsibilities of our former Engineering department.
With this change we can develop a more robust Operating Program and continue to progress forward.
The proposed budget for FY24 remains conservative and acknowledges some of the increases we’ve
experienced, and those we anticipate, as costs rise. Capital construction projects at the Organics
Diversion Facility are expected to be completed by the end of FY23. FY24 will be the first full fiscal year
at the leased Administration building, and administrative staff will use this opportunity to deliberate on
future administrative building needs and expenses.
Materials Recovery Facility Highlight
In November 2022, Chittenden County voters voiced overwhelming support for the construction of a
new Materials Recovery Facility on Redmond Road in Williston. Of the 33,000 votes cast on the bond
request, 83% were votes in favor. CSWD is grateful for, thankful for, and humbled by the literal vote
of confidence. The vote authorized a not-to-exceed bond amount of $22,000,000. We are working to
reduce this burden through a combination of grants, zero-interest loans, and District capital reserves.
In late Q2/early Q3, we will be selecting a construction firm and aim to break ground in early Q4
2024. Preliminary engineering and design work for the new MRF is budgeted in FY23 as a capital
expense and would be reimbursable through bond proceeds. Full project debt service is unknown as
of the date of this memo because there are two grant requests outstanding and the financing
package is still being developed, however a revenue sufficiency study performed for the project
shows tip fees and commodity sales revenue generated by the facility to be sufficient to pay annual
operating costs + debt service of $1,200,000.
A.
2
CSWD SOURCES OF REVENUE
The CSWD Charter says that the District may charge fees for its services and that those fees shall be
equitable. It also states that “the Board of Commissioners shall…establish and adjust…tipping fee(s) for
the purpose of generating revenues from sources other than assessments to member municipalities,
particularly concerning the operation and maintenance of any District solid waste management or
resource recovery facility”, and that “once the District has a disposal facility, it will rely primarily on
tipping fees for revenues...” The CSWD Board of Commissioners has long interpreted this section of the
Charter to mean that District solid waste management facilities should aim to be self-supporting based
on revenue derived from the services rendered. This means covering the costs to run the facility
through tip fees, user fees, and product sales like compost, paint, and sorted recyclables. The costs we
need to recover include disposal fees we pay to vendors (such as Casella), insurance, fuel, equipment,
wages & benefits, utilities, and transportation, in addition to covering infrastructure improvements.
CSWD’s revenue has three main components: Solid Waste Management Fees (SWMF), User Fees (tip
fees), and Material Sales. The remaining revenue comes from rental income, license fees, bin sales,
grants, and Extended Producer Responsibility program reimbursements. CSWD receives no municipal
payments (assessments, per capita fees, tax payments, etc.) from our member communities.
Solid Waste Management Fees: $27/ton charged on each ton destined for disposal. Four
material types make up the tons subject to the SWMF-municipal solid waste, construction &
demolition debris (C&D), construction & demolition debris fines, and material eligible to be
used as alternate daily landfill cover (ADC). C&D fines and ADC are charged 25% of the SWMF,
or $6.75/ton. In FY23, SWMF are 22% of the revenue budget.
Tipping/User Fees: Fees charged for material disposal at Drop-Off Centers (DOCs), the Materials
Recovery Facility (MRF), the Organics Diversion Facility (ODF), and the Environmental Depot. In
FY23, Tip/User Fees are 58% of the revenue budget.
Material Sales: Revenue generated from the sale of products we make—compost products,
Local Color paint, baled recyclables—or products we purchase on behalf of the public and then
resell, like compost bins. In FY23, Materials Sales are 17% of the revenue budget.
REVENUE SNAPSHOT
Revenue (in
thousands)
FY22
Actual
FY23
Budget
FY24
Budget
Change from
FY23 Budget
Change from
FY22 Actual
% of Overall
Revenue
Tip Fees 7,572 7,724 8,937 15.70% 18.03% 58.0
Material Sales 4,815 2,541 2,629 3.46% -22.88% 17.1
SWMF 3,409 3,382 3,336 -1.36% -1.46% 21.7
All Other 761 385 500 29.87% -34.30% 3.2
TOTAL 16,557 14,032 15,402 9.76% -6.98% 100%
Cost of Goods Sold 240 172 122 -29.07% -49.17%
Gross Profit 16,317 13,860 15,280 10.25% -6.36%
3
Tip Fees, User Fees, and Material Sales Assumptions:
MRF tip fees were last raised in March 2020. We’ve held the tip fee at $80/ton since then,
however MRF processing costs are rising significantly in FY 2024 due to a new operating
contract with MRF operator, Casella Waste Systems. CSWD pays Casella a per-ton fee to
operate the MRF and to market the sorted materials. This processing fee is increasing by 55%,
from $45/ton to $70/ton as of March 1, 2023 and as a result in order for the MRF to remain
self-supporting we are budgeting a modest increase in the tip fee to $85/ton in FY24.
The fiscal year average commodity revenue (ACR) value from material sales through December
2022 was $54/ton, down from approximately $158/ton average through the same period in
FY22. Cardboard and mixed paper pricing plummeted after setting 10-year records the previous
year. The severe decrease was due to mills and manufacturers reducing purchasing material
and instead worked through the material they purchased the year before during the buying
frenzy. This decreased demand is expected to continue through at least the 2nd quarter of
FY24. Plastics pricing is stable, with good demand for HDPE-Natural (milk jugs) and for PET. We
have budgeted MRF materials sales very conservatively at $80/ACR. We are assuming 47,500
tons of inbound recycling, and marketing 38,000 of those tons.
Organics Diversion Facility tip fees are increasing from $65/ton to $70/ton starting July 1. The
increase reflects the goal of bringing the ODF closer to self-sufficiency. This goal took a
significant hit in FY21-22 as Casella began diverting most of their collected food scraps to their
depackaging facility. This reduction represented approximately 30% of the inbound compost
feedstock and, while some material has come back to the ODF we are still operating far below
where we were in FY 2021. We’ve budgeted anticipated food scraps tons inbound to 4,900
tons.
We are not expecting pandemic-level product sales in FY24 and instead have budgeted a
normalized (to FY18-19 levels) sales expectation.
The Drop Off Centers continue to show need of significant subsidy. Without a price increase,
the subsidy for FY24 would be $421,000. Recycling and food scraps management are bundled in
the pricing of trash when brought together as a unit, and the current pricing doesn’t recover
the full cost of managing all three of these material streams. CSWD has maintained subsidized
pricing since September 2020 despite significant system-wide increased expenses across the
board, such as disposal fees we pay to Casella, health insurance increases, fuel increases, etc.
Holding bag pricing low resulted in a DOC system subsidy of $398,000 in FY22, and projected
subsidy of $422,000 for FY23. This budget proposes increasing bag fees at the DOCs to $3.00
(small), $8.00 (medium), and $11.00 (large). The increase eliminates the subsidy for FY24,
allowing the DOCs to cover their costs through user fees.
Small (up to 13 gallon) Medium (14-35 gallon) Large (36-45 gallon)
Pre-Covid (FY20) $2.75 $5.75 $7.50
Current FY23 $2.00 $6.00 $8.00
4
Proposed FY24 $3.00 $8.00 $11.00
Additional pressure on DOC revenue is due to the many items managed at the DOCs that do not
have adequate (or any) revenue associated with them, meaning we are subsidizing the
collection and management of certain materials such as universal waste, some electronics, and
leaf and yard debris. Increasing these fees eliminates the current subsidy need of the DOCs.
Revenue is down at the DOCs in part due to the loss of the Richmond facility and the continued
limited use at the Burlington site. There is not yet an agreement on a renovated facility in
Burlington, however discussions with the City continue in earnest. The new goal is to have an
expanded facility in place by Q2 FY24.
Solid Waste Management Fee:
Solid Waste Management Fees (the fees charged to haulers when they dispose trash in the landfill in
Coventry) revenue is projected to be slightly lower than FY23 budget (-1.36%). We used the Solid
Waste Disposal and Diversion Trends Model developed for CSWD by SERA, Inc to generate our
projections for FY24. The model estimates the SWMF to be 1.5% lower than FY22 actuals. Supporting
the model’s output, the state’s Joint Fiscal Office is projecting flat economic conditions in FY24 as
uncertainty remains regarding efforts to rein in high inflation. The Solid Waste Management Fee will
remain at $27.00 per ton of trash disposed, however the time has come to review the uses of the fee
and to discuss a regular schedule of small increases. The fee has not risen in ten years, despite
dramatic increases in District expenses. This fee pays for District Administration and Outreach and
Education programs and personnel.
A common misperception regarding the solid waste management fee is that it can be used as a
deterrent to excessive waste generation. This isn’t the case. Individuals don’t pay this fee directly as a
unit of $27 per ton, nor is the amount paid by haulers attributable to any single generator of waste. In
other words, the fee is paid on the aggregated landfill-disposed tons generated by all people
(individuals, businesses, institutions) in Chittenden County. Haulers pass the fee on to their customers
across all tons generated, diluting the amount that any one customer pays. The solid waste
management fee is considered a “cost of doing business” for haulers (CSWD also pays this fee on trash
managed at the DOCs) and is included in the general fee charged for trash management and disposal. If
every person’s waste was weighed individually, and the solid waste management fee charged to each
person based on the waste that they alone generate, then raising or lowering the fee would impact
people at the individual level. This isn’t how waste is managed in Vermont. Individuals can reduce their
portion of the fee that they pay by generating less waste to be managed through a Drop-Off Center,
where people pay by the bag for their trash. Curbside customers will not a reduction on their specific
household bill due to waste reduction unless they reduce the frequency of service (receive twice
monthly collection instead of weekly collection, for example).
5
EXPENSES SNAPSHOT
Key Points:
Full-time Equivalent (FTE) staffing needs increased by 3.21 from 49.45 to 52.66. The cost-of-
living adjustment provided in July 2022 was below the 12-month average for June, leaving
employees behind the curve. Although this budget proposes a 7% COLA for July 1 (which is
slightly below the December 2022 index of 7.4%), the overall total compensation increase is
just 1.9% per full-time equivalent over FY23.
FY23 FY24 Difference
Payroll Expense 4,920,892 5,382,975 +8.6%
Full Time Employee 49.45 52.66 +3.21 FTE
Expense per Employee 100,306 102,221 +1.9%
We monitor the US Bureau of Labor Statistics’ consumer price index for the Northeast (Urban
B/C class) and use this as the foundation for COLA recommendations (following District practice
in place for the past decade). CSWD’s recommendation is in line with budgeted adjustments for
similar organizations, such as the Champlain Water District, Addison County Solid Waste
Management District, and Rutland Solid Waste Management District. In an effort to mitigate
the costs associated with healthcare benefits, CSWD moved to a lower-priced plan and
increased the employee contribution to healthcare premiums. Beginning July 1, employees will
6
contribute 3.5% of their salary/wages towards the costs of providing healthcare benefits, up
from a previous contribution of 3.25% of salary/wages. These two changes decreased the
impact to the District.
Finance department costs are lower now that the new budgeting, accounting and payroll
software systems have been implemented.
Administrative costs are higher due to the new expense of a lease payment for the office space
at 19 Gregory Drive. General Supplies are also slightly higher, corresponding to a physical return
to the office for most Admin staff.
Travel and Training assumes a return to attending conferences, workshops, and trainings in
person; how much will occur remains to be seen. Where we can continue to attend events
remotely, we will do so. We have promoted several employees to new leadership positions and
will be providing training to them to support their growth and success.
Materials Management is up moderately, reflecting general increases in transportation costs.
Materials Management is how we refer to hauling services we use to move materials we
produce (compost, recyclables) to market, and move materials we collect (MSW from Drop-Off
Centers, trash we generate, etc.) to disposal. DOC disposal contract costs are up nearly 11%.
We have negotiated a wintertime glass management contract with a new vendor which will
significantly reduce this cost, from $130/ton to $95/ton.
RESERVE FUNDS
Please see the FY24 Reserve Funds memo included in the budget packet for details on the reserve
balances.
In FY22, the District revised the Reserve Fund Guideline and structure. The new structure establishes a
priority funding mechanism, minimum and maximum balances, and proposes to restrict certain funds
(Closed Landfill, Facility Closure, and Biosolids). As each priority reserve reaches its maximum,
remaining excess revenue flows (“waterfalls”) to the next priority reserve fund in order, as illustrated
below:
Reserve Type Reserve Name Minimum Carry Value Maximum Carry Value
Restricted Biosolids Reserve Current depreciation of
Biosolids Trailers, as
contracted
$650,000 or cost of
replacing Biosolids trailers
Restricted Landfill Post Closure
Reserve
Original cost of calculated
closure less operating
reduction
Original cost of calculated
closure
7
Restricted Facilities Solid Waste
Termination Reserve
Calculated cost of facility
solid waste termination
Highest past calculated cost
of facility solid waste
termination
Reserve Type Reserve Name Minimum Carry Value Maximum Carry Value
Temporarily
Restricted
Material Recycling
Facility Reserve
10% of total Bond 10% of total Bond
Assigned Facilities
Decommission
Reserve
Calculated cost of facilities
decommissions
Highest past calculated cost
of facilities decommissions
Assigned Solids Waste
Management Reserve
(General Fund)
3 months of budgeted
administrative expenses
6 months of budgeted
administrative expenses, or
highest past calculated cost
Assigned Community Clean Up
Fund
Current balance due to
communities
Maximum carry over
allowed to communities
Assigned Operating Reserve 3 months of budgeted
operating expenses
6 months of budgeted
operating expenses, or
highest past calculated cost
Assigned Capital Reserve Current value of fully
depreciated assets
Current value of total asset
depreciation
Unrestricted Undesignated Fund 5% of budgeted revenue 10% of budgeted revenue
Assigned FUNDS
Capital Reserve
In FY21, we moved to a single Capital Reserve fund rather than separate capital reserves for each
program. This was done to reflect the reality of our accounting and banking system, to improve
strategic planning efficiency, and to eliminate proprietary feelings over capital funds. CSWD is one
singular fund, and as such all “reserve funds” exist merely on paper – although some long-term reserve
dollars are held in interest-bearing accounts, in general funds are not deposited into separate bank
accounts. There are no separate pots of money destined for use in particular programs. The District
formerly budgeted individual capital reserve fund contributions and tracked each program’s
contribution and total, albeit not precisely. This practice gave the impression that separate funds
existed.
Beginning in FY22, we no longer budgeted for programs to contribute to the capital reserve if the
program is being subsidized. In previous budgets, each program that used capital funds would budget a
capital fund contribution, which would occur as an expense. When the revenues, expenses, and
allocations were tallied, nearly every operating program would be “in the red” and require subsidized
support, which is funded through solid waste management fees. This practice did not support
transparent accounting of the individual operations programs’ relative economic health. Subsidies are
now accounted for “below the line” so that the operating health of each program is clear.
8
Operating Reserve
The Operating Reserve provides a buffer against unexpected events (such as we experienced with
COVID-19) or large unbudgeted but necessary operating expenses, such as if outside vendor contracts
that are deemed necessary change without notice. This reserve allows us to weather the unanticipated
and provide time to discuss and implement a new direction without resorting to snap decisions. In
FY23, the Operating Reserve was seeded with excess MRF revenue.
RESTRICTED FUNDS
The Biosolids, Closed Landfill, and Facilities Closure reserve funds are considered Restricted Funds as a
best practice. Restricting these reserves means that the funds attributed to these programs may be
used only for the expenses of these programs. Excess funds, after their restricted use, may be
redistributed as deemed appropriate by management.
BOTTOM LINE
Each year, we need to “get to zero”. In FY24, we are projecting $875,311 in income after capital and
allocations needing to be transferred to reserves.
Revenue $15,401,763
Cost of Goods Sold $121,405
Gross Profit $15,280,358
Expenses $14,402,047
Income from Operations $878,311
Transfer from (to) Closed Landfill Reserve $176,452
Transfer from (to) SWMF Reserve $7,236
Transfer from (to) Biosolids Reserve ($45,500)
Transfer from (to) Operating Reserve ($176,385)
Transfer from (to) Capital Reserve ($934,614)
Transfer from (to) Community Clean Up
Reserve
$95,000
Facility Closure Reserve ($500)
Net -
Excerpted from the CSWD FY22 Annual Report available at cswd.net/forms-publications
OUR MISSION
The Chittenden Solid Waste District’s mission is to reduce
and manage the solid waste generated within Chittenden
County in an environmentally sound, efficient, effective and
economical manner.
OUR VISION
Products are designed to be reused or recycled and our
community fully participates in minimizing disposal and
maximizing reuse and recycling.
HOW WE’RE FUNDED
Our revenue comes from three primary sources:
›User fees on incoming material at our facilities;
›The Solid Waste Management Fee (SWMF), a
per-ton fee on material sent to the landfill;
›Material and product sales from material we collect
and process at our facilities and sell;
› A small, variable percentage of our funding comes
from State grants for hazardous waste and other
materials management.
We are not funded by Income, Sales, or
Property tax dollars.
who we are We are a municipal district created in 1987 to oversee and
manage solid waste in Chittenden County.
CSWD serves about a quarter of the population of Vermont
(168,865 residents and 7,944 businesses)* with facilities,
programs, and expertise developed over our 34-year history.
*2021 data. Sources: U.S. Census and VT Dept. Of Labor
168,865
residents
7,944
businesses
2021 data. Sources: U.S. Census and
VT Dept. of Labor
Income, Sales, or Property Taxes 0%
Other .1%
User fees
47.25%
SWMF
21.27%
Material & Product
Sales 31.38%
FY22 REVENUE $16.03M
(unaudited)
B.
Excerpted from the CSWD FY22 Annual Report available at cswd.net/forms-publications
what we do
REDUCE WASTE
›Educate residents, businesses, schools, and
event leaders on waste prevention and diversion
›Promote community reuse options
›Process leftover paint from residents and businesses
into Local Color Paint
›Maintain and enforce our Ordinance , which includes
waste prevention and diversion requirements
›Help our members comply with federal and state solid
waste laws
›Provide facilities and tools to help members prevent
waste and maximize diversion from the landfill to
recycling, composting, and other resource recovery
›Advocate for state-wide policies that will reduce waste
MANAGE MATERIALS
Our facilities:
›The only municipally owned Materials Recycling
Facility (blue-bin recyclables sorting center) in Vermont
›Six regional Drop-Off Centers for household trash,
recycling, organics, and special materials
›A comprehensive hazardous waste program for
households and small businesses that includes a
permanent year-‘round collection facility and a seasonal
mobile collection unit
›The state’s largest Organics Diversion Facility (home
of Green Mountain Compost) turning food scraps
and yard trimmings into compost and soil blends
supporting local soils
CSWD LOCATIONS
Q Drop-Off Centers
Q Environmental Depot
Q Materials Recycling Facility
Q Organics Diversion Facility (Green Mountain Compost)
SUPPORT OUR MEMBERS
›Technical expertise and support for waste-related
RFPs and studies
›Grant funding
› Community Cleanup Fund for all member towns
› Waste Reduction Container and Project Grants
›Provide waste-reduction containers
› Recycling bins
› Containers for food-scrap drop-off at
CSWD facilities
›Brokering and investigation of beneficial use
options for biosolids
›Green Up Vermont donation on behalf of all
member towns;
›Outreach and education
Excerpted from the CSWD FY22 Annual Report available at cswd.net/forms-publications
how we’re
doing
54,189
TONS
“BLUE BIN”
RECYCLING
Paper, cardboard
& clean containers
84,703
TONS
C&D
Construction &
demolition debris
39,917
TONS
ORGANICS
Food scraps &
yard debris 6,595
TONS
SPECIAL
MATERIALS
E-waste, bulbs,
scrap metal, etc.
60,139
TONS
COULD HAVE
BEEN RECOVERED
60,139
TONS
COULD HAVE
BEEN RECOVERED
59,845
TONS
TRASH
9,769
TONS
Could have
been recovered
10,547
TONS
Could have
been recovered
32,175
TONS
Could have
been recovered
7,648
TONS
Could have
been recovered
100% MATERIALS GENERATED 305,389 TONS
61% RECYCLED/DIVERTED + 39% LANDFILLED
61%
RECYCLED/DIVERTED 185,405 TONS
39%
LANDFILLED 119,984 TONS
This graphic shows three key measurements of all the
materials that individuals and businesses in Chittenden
County, VT generated in 2021:
1. An estimate of how much “stuff” we all generated and
needed to manage as solid waste in 2021.
2. Which stream all that stuff went to — landfill or recovery
via recycling or composting.
3. How much recoverable material our community chose
to send to the landfill instead of keeping it out of the
trash by using a currently available program or facility.
Full details are available in the 2021 CSWD Diversion Report.
Chittenden Solid Waste District
FY24 Proposed Budget
Summary
Actual Budget Forecast Change from FY23 to FY24
FY22 FY23 FY24 $ %
Net Ordinary Income
Income
Tipping Fees 6,071,345 6,317,097 6,740,521 423,424 6.7%
Special Waste 89,911 59,250 730,109 670,859 1132.3%
Hazardous Waste 70,333 68,000 62,000 (6,000) -8.8%
Biosolids 1,340,166 1,279,437 1,404,358 124,921 9.8%
Solid Waste Management 3,409,238 3,381,750 3,335,702 (46,048) -1.4%
Sale of Materials 4,815,492 2,540,711 2,628,603 87,892 3.5%
License Fees, Fines & Penalties 15,834 14,910 14,000 (910) -6.1%
Rents 71,600 71,400 75,000 3,600 5.0%
Product Stewardship 213,028 190,700 169,000 (21,700) -11.4%
Interest & Dividends 12,720 2,000 61,000 59,000 2950.0%
Grant Revenue 277,801 106,470 106,470 - 0.0%
Equipment Sale/Trade 168,899 - - - 0.0%
Other Income 749 - 75,000 75,000 100.0%
Total Income 16,557,115 14,031,725 15,401,763 1,370,038 9.8%
Cost of Goods Sold
Bins & Containers 34,090 19,467 - (19,467) -100.0%
Paint 12,498 19,000 19,000 - 0.0%
Organics 193,355 133,730 102,405 (31,325) -23.4%
Total Cost of Goods Sold 239,942 172,197 121,405 (50,792) -29.5%
Gross Profit 16,317,173 13,859,528 15,280,358 1,420,830 10.3%
1 of 3
C.
Chittenden Solid Waste District
FY24 Proposed Budget
Summary
Actual Budget Forecast Change from FY23 to FY24
FY22 FY23 FY24 $ %
Expenses
Payroll Expenses
Salaries & Wages 3,163,688 3,459,112 3,752,336 293,224 8.5%
Benefits 1,307,131 1,501,030 1,630,639 129,609 8.6%
Total Payroll Expenses 4,470,819 4,960,142 5,382,975 422,833 8.5%
Travel & Training 53,282 96,568 118,175 21,607 22.4%
Administrative Costs 49,720 123,474 182,885 59,411 48.1%
Professional Fees 177,566 268,330 280,690 12,360 4.6%
Equipment & Fleet 807,663 772,967 772,074 (893) -0.1%
Supplies 120,559 119,623 133,644 14,021 11.7%
Materials Management 4,804,118 6,150,788 6,691,366 540,578 8.8%
Property Management 510,873 490,262 597,111 106,849 21.8%
Promotion & Education 109,675 163,052 142,178 (20,874) -12.8%
Community Support 23,210 106,300 100,950 (5,350) -5.0%
Total Expenses 11,127,484 13,251,506 14,402,047 1,150,542 8.7%
Net Ordinary Income 5,189,689 608,022 878,311 270,289 44.5%
2 of 3
Chittenden Solid Waste District
FY24 Proposed Budget
Summary
Actual Budget Forecast
FY22 FY23 FY24
Subsidies, Reserve Transfers & Year End Adjustments
Other Income
Subsidies & Transfers
Solid Waste Management Subsidy 2,622,835 3,018,109 3,342,938
Operating Reserve Subsidy - - 939,292
Transfer from Landfill Post Closure Reserve 133,984 189,919 177,452
Community Clean Up Fund 15,766 95,000 95,000
Transfer from Undesignated Funds 46 - -
Total Subsidies & Transfers 2,772,631 3,303,028 4,554,681
Total Other Income 2,772,631 3,303,028 4,554,681
Other Expenses
Reserve Transfers
Transfer to Solid Waste Mangement Reserve 3,409,559 3,381,750 3,335,702
Transfer to Facility Closure Reserve 404 - 500
Transfer to Landfill Post Closure Reserve 514 1,000 1,000
Transfer to Operating Reserve 3,865,259 30,617 1,115,677
Transfer to Biosolid Reserve 62,012 46,375 45,500
Transfer to Capital Reserve 624,571 451,308 934,614
Total Reserve Transfers 7,962,320 3,911,050 5,432,992
Total Other Expenses 7,962,320 3,911,050 5,432,992
Total Other Income & Expenses (5,189,689) (608,022) (878,311)
Net Income 0 0 (0)
3 of 3
Chittenden Solid Waste District
Administrative Descriptions
Administration Program
The Administrative program encompasses the expenses of human resources, the Executive Director, risk
management, information and technology, infrastructure and general support services.
Compliance Program
The Compliance program oversees the Solid Waste Management Ordinance and ensures the regulated
community maintains compliance. Additionally, the Compliance program oversees the District Safety
program.
Finance Program
The Finance program provides management, oversight, and control of CSWD financial assets, as well as
accurate and timely financial information to facilitate sound management decisions.
Outreach and Communications (O&C)
The Outreach and Communications program manages statutory mandates for raising awareness of
CSWD services and educating residents, businesses, and institutions in reducing and properly managing
the waste they generate.
D.
Chittenden Solid Waste District
FY24 Proposed Budget
Administrative Summary
Administration Compliance Finance
Outreach &
Communication
Solid Waste
Management Fee Total Administrative
Net Ordinary Income
Income
Solid Waste Management Fee - - - - 3,335,702 3,335,702
License Fees, Fines & Penalties - 14,000 - - - 14,000
Interest & Dividends - - 60,000 - - 60,000
Total Income - 14,000 60,000 - 3,335,702 3,409,702
Gross Profit - 14,000 60,000 - 3,335,702 3,409,702
Expenses
Payroll Expenses
Salaries & Wages 538,024 119,398 324,029 586,563 - 1,568,014
Benefits 193,911 29,142 147,715 224,823 - 595,591
Total Payroll Expenses 731,935 148,540 471,744 811,386 - 2,163,605
Travel & Training 39,100 7,000 1,450 34,900 - 82,450
Administrative Costs 30,165 6,900 3,900 22,487 - 63,452
Professional Fees 39,560 8,500 55,000 28,855 - 131,915
Equipment & Fleet 178,926 5,200 80,000 4,720 - 268,846
Supplies 5,300 800 6,000 33,600 - 45,700
Materials Management - - 150 - - 150
Property Management 130,960 - 2,400 - - 133,360
Promotion & Education - - - 135,978 - 135,978
Community Support - - 95,000 4,700 - 99,700
Total Expenses 1,155,946 176,940 715,644 1,076,626 - 3,125,156
Net Ordinary Income (1,155,946) (162,940) (655,644) (1,076,626) 3,335,702 284,546
1 of 2
E.
Chittenden Solid Waste District
FY24 Proposed Budget
Administrative Summary
Administration Compliance Finance
Outreach &
Communication
Solid Waste
Management Fee Total Administrative
Subsidies, Reserve Transfers & Year End Adjustments
Other Income
Subsidies & Transfers
Solid Waste Management Fee Subsidy 1,155,946 162,940 620,644 1,076,626 3,016,156
Community Cleanup Fund - - 95,000 - - 95,000
Total Subsidies & Transfers 1,155,946 162,940 715,644 1,076,626 - 3,111,156
Total Other Income 1,155,946 162,940 715,644 1,076,626 - 3,111,156
Other Expense
Reserve Transfers
Transfer to Capital Reserve - - 59,500 - - 59,500
Transfer to Solid Waste Management Reserve - - - - 3,335,702 3,335,702
Transfer to Facility Closure Reserve - - 500 - - 500
Total Reserve Transfer - - 60,000 - 3,335,702 3,395,702
Total Other Expenses - - 60,000 - 3,335,702 3,395,702
Total Other Income and Expenses 1,155,946 162,940 655,644 1,076,626 (3,335,702) (284,546)
Net Income - - - - - -
2 of 2
Chittenden Solid Waste District
Operating Descriptions
Operating Administration
The Operating Administration program (formerly Engineering) provides resources for compliance,
design, project management, and applicable permitting. Additionally, this program oversees capital
projects through the lifecycle of feasibility, design, and construction management.
Drop Off Centers (DOCs)
CSWD Drop Off Centers provide residents and small businesses with economical options for the
management of their trash, recycling, food scraps, compostable yard debris, and certain special
recyclables.
Hazardous Waste
The Hazardous Waste program includes both the Environmental Depot and Paint Depot. The
Environmental Depot manages the hazardous waste of the residents and small businesses of Chittenden
County. The Paint Depot manages discarded paint and produces recycled paint for the CSWD Local Color
Program.
Materials Recovery Facility (MRF)
The Materials Recovery Facility manages single stream recycling from Chittenden County and Northern
Vermont through sorting and preparing recyclables for domestic commodity sales.
Organics Diversion Facility (ODF)
The Organics Diversion Facility manages the acceptance, processing, and transfer of organics for use in
compost and anaerobic digestion.
Property Management
The Property Management department maintains and protects CSWD’s investment in residential and
business tenant property.
F.
Chittenden Solid Waste District
FY24 Proposed Budget
Operating Summary
Operating
Administration Drop Off Centers
Materials
Recovery Facility
Organics
Diversion Facility
Property
Management
Hazardous Waste
Depots Total Operating
Net Ordinary Income
Income
Tipping Fees - 2,413,236 3,996,090 331,195 - - 6,740,521
Special Waste - 730,109 - - - - 730,109
Hazardous Waste - - - - - 62,000 62,000
Sale of Materials - 217,196 1,589,070 769,587 - 52,750 2,628,603
Rents - - - - 75,000 - 75,000
Product Stewardship - 37,500 - - - 131,500 169,000
Other Income - 75,000 - - - - 75,000
Grant Revenue - - - - - 106,470 106,470
Total Income - 3,473,041 5,585,160 1,100,782 75,000 352,720 10,586,703
Cost of Goods Sold
Paint - - - - - 19,000 19,000
Organics - - - 102,405 - - 102,405
Total Cost of Goods Sold - - - 102,405 - 19,000 121,405
Gross Profit - 3,473,041 5,585,160 998,377 75,000 333,720 10,465,298
Expenses
Payroll Expenses
Salaries & Wages 247,967 824,788 13,521 426,262 - 349,220 1,861,758
Benefits 50,214 469,116 2,081 203,028 - 160,205 884,644
Total Payroll Expenses 298,182 1,293,904 15,602 629,290 - 509,425 2,746,402
Travel & Training 4,350 1,500 6,465 12,900 - 4,300 29,515
Administrative Costs 1,250 78,650 28,034 8,249 - - 116,183
Professional Fees 23,000 150 1,725 3,050 - 2,750 30,675
Equipment & Fleet - 47,305 42,100 219,273 - 24,900 333,578
Supplies - 20,250 1,100 21,944 1,000 22,000 66,294
Materials Management - 1,187,535 3,557,475 160,008 -396,700 5,301,718
Property Management - 72,674 113,468 104,284 66,890 71,300 428,616
Promotion & Education - - - 6,200 - - -
Community Support - 1,250 - - - - 1,250
Maintenance & Roll Off Allocation - 591,731 6,802 37,408 6,802 37,408 680,150
Total Expense 326,782 3,294,949 3,772,770 1,202,606 74,691 1,068,783 9,740,581
Net Ordinary Income (326,782) 178,092 1,812,390 (204,229) 309 (735,063) 724,717
1 of 2
G.
Chittenden Solid Waste District
FY24 Proposed Budget
Operating Summary
Operating
Administration Drop Off Centers
Materials
Recovery Facility
Organics
Diversion Facility
Property
Management
Hazardous Waste
Depots Total Operating
Subsidies, Reserve Transfers & Year End Adjustments
Other Income
Subsidies & Transfers
Operating Reserve Subsidy - - - 204,229 - 735,063 939,292
Solid Waste Management Fee Subsidy 326,782 - - - - - 326,782
Total Subsidies & Transfers 326,782 - - 204,229 - 735,063 1,266,073
Total Other Income 326,782 - - 204,229 - 735,063 1,266,073
Other Expenses
Reserve Transfers
Transfer to Operating Reserve - - 1,115,677 - - - 1,115,677
Transfer to Capital Reserve - 178,092 696,713 - 309 -875,114
Total Reserve Transfers - 178,092 1,812,390 - 309 - 1,990,790
Total Other Expense - 178,092 1,812,390 - 309 - 1,990,790
Total Other Income and Expenses 326,782 (178,092) (1,812,390) 204,229 (309) 735,063 (724,717)
Total Net Income - - - - - - -
2 of 2
Chittenden Solid Waste District
Self-Funded Descriptions
Biosolids Program
The Biosolids program provides efficient and effective residuals management for participating
community members. This program is developed to be self-funding.
Closed Landfill Program
The Closed Landfill program oversees the 30-year post closure period through responsible maintenance,
reporting and monitoring according to the safety standards of applicable governing bodies. This program
is funded through monies reserved at the launch of the closing project.
Maintenance & Roll-off
The Maintenance department provides material hauling and supports facility operations through
ongoing maintenance of CSWD assets.
H.
Chittenden Solid Waste District
FY24 Proposed Budget
Self-Funded and Maintenance Summary
Biosolids Closed Landfill Maintenance & Rolloff
Net Ordinary Income
Income
Biosolids 1,404,358 - -
Interest & Revenue - 1,000 -
Total Income 1,404,358 1,000 -
Gross Profit 1,404,358 1,000 -
Expenses
Payroll Expenses
Salaries & Wages - 10,328 312,235
Benefits - 846 149,558
Total Payroll Expenses - 11,174 461,793
Travel & Training 2,960 - 3,250
Administrative Costs 1,950 100 1,200
Professional Fees 4,600 113,500 -
Equipment & Fleet - - 169,650
Supplies - 250 21,400
Materials Management 1,349,348 40,150 -
Property Management - 12,278 22,857
Total Expenses 1,358,858 177,452 680,150
Net Ordinary Income 45,500 (176,452) (680,150)
1 of 2
I.
Chittenden Solid Waste District
FY24 Proposed Budget
Self-Funded and Maintenance Summary
Biosolids Closed Landfill Maintenance & Rolloff
Subsidies, Reserve Transfers & Year End Adjustments
Other Income
Subsidies & Transfers
Transfer from Landfill Post Closure Reserve - 177,452 -
Total Subsidies & Transfers - 177,452 -
Allocations
Maintenance Allocation - - 680,150
Total Allocations - - 680,150
Total Other Income - 177,452 680,150
Other Expenses
Reserve Transfers
Transfer to Biosolids 45,500 - -
Transfer to Landfill Post Closure - 1,000 -
Total Reserve Transfers 45,500 1,000 -
Total Other Expenses 45,500 1,000 -
Total Other Income and Expenses (45,500) 176,452 680,150
Net Income - - -
2 of 2
To: Finance Committee
From: Josh Tyler, Director of Operations
Date: January 5, 2023
RE: Fiscal Year 2024 Capital Budget
Operating Capital
Presented in this enclosure is a capital budget and timeline for FY24, FY25 and FY26; The new
Materials Recycling Facility (MRF) construction project will be presented in a separate
memorandum. This memo highlights the projects and procurements planned for FY24.
CSWD has invested heavily in significant infrastructure and rolling stock upgrades over the last
three (3) years. Infrastructure investments have focused on increasing facility service life to a
minimum of 20-years. For example, the Drop-Off Center in Hinesburg, the ODF (upon
completion in spring 2023), and a revamped Drop-Off Center in Milton (spring 2023) all have a
20-year service life. Rolling stock investment has focused on the purchase of new equipment
rather than leased equipment or used equipment to maximize useful life, manage higher parts
costs with warranties, minimize costly down time due to old repurposed and antiquated
equipment as well as realize a higher trade in value at the time of replacement.
Review of the three-year summary will highlight a significant decrease in capital expenses
toward the out years. The existing investments made to date will bring the District to a regular
capital pattern where rolling stock replacement will be more spread out and will see a purchase
phase (FY20 to FY24) and a maintenance phase (FY25 to FY30). District staff has made
significant efforts to generate accurate capital costs in developing the operating capital budget
as well as following through with capital purchases, upgrades and projects as planned.
Please note that this is a description of intended projects and procurements and is inclusive of
all potential capital expenses for FY24. Approval of the budget does not mean work will
proceed without a proper bidding process and associated Board approvals according to CSWD
financial policies. All capital projects greater than $100,000 will require approval from the
Board of Commissioners. In addition to Board notice of projects exceeding $100,000, Staff will
regularly report updates of facility projects that are under the $100,000 threshold.
J.
CSWD Capital Budget Highlights Fiscal Year 2024
Organics Diversion Facility $1,060,000
Roll-Off and Maintenance $360,000
Drop Off Centers $285,000
Hazardous Waste and Latex Paint $80,000
Administrative infrastructure $95,000
Materials Recovery Facility $35,000
New MRF Funding Payments $523,711
Capital Contingency $243,871
FY 24 Capital Projects $2,682,582
Descriptions of items included in the FY24 capital budget are as follows:
$750,000 Organics Diversion Facility primary screener, (10-15-year life)
$523,711 New MRF Funding Payments – Bond Interest FY24
$285,000 Burlington Drop Off Center Construction, (5 – 20-year life)
$250,000 Purchase new Maintenance Loader, (5 – 7-year life)
$150,000 Organics Diversion Facility Phase III grading
$110,000 Purchase new Maintenance Mini-Loader, (5 – 7-year life)
$80,000 Refurbish outdoor hazardous storage buildings for the Environmental Depot,
(10-year life)
$60,000 Drop Off Center materials analysis
There are sufficient cash reserves available to fund the capital expenditures budgeted for FY24.
CSWD CAPITAL PROJECTS 3 YEAR PLAN
MATERIALS RECOVERY FACILITY FY24 FY25 FY26
Site Work
General Repave lot
Replace Stormwater System (1993)
New Roof
Building Structure upgrades
Full Tip Floor
HVAC
Replace Septic system (1993)
contingency
cost to transfer material while down
Sub Total $0 $0 $0
Building & Building Repair
General Refurbish Tip Floor
Building Roof (1993)
Presort Enclosure (2003)
Refurbish bathroom
Refurbish Tip Floor Steel Side wall
Sprinkler System Modifications
Sub Total $0 $0 $0
Capital Equipment
Fiber Line Sorting Conveyor
MSW compactor
Single Stream System MC 1
Sub Total $0 $0 $0
Rolling Stock
general 2 c.y. Compactor & 35 c.y. Roll-Off
Forklift #1 (2021) $35,000
Forklift #2 (2021) $35,000
#1 Skid Steer(2022)
#2 Skid Steer (2023)
Front End Bucket Loader
SCISSORS LIFT $35,000
Sub Total $35,000 $0 $70,000
Total MRF $35,000 $0 $70,000
1
K.
CSWD CAPITAL PROJECTS 3 YEAR PLAN
ORGANICS DIVERSION FACILITY FY24 FY25 FY26
Site Work
Expanded food collection pad $75,000
Sub Total $0 $75,000 $0
Building & Building Repair
ASP watering system $35,000
Concrete Pad Replacement (mixing bay)
Sub Total $35,000 $0 $0
Capital Equipment
Komptech L3 Screener (2012 purchased used; 10 year useful life)12-15 year useful life $750,000
ASP Trommel screener (2022)15 year useful life
ASP BLOWER SYSTEM (AERATED STATIC PILE)$50,000
Sub Total $750,000 $0 $50,000
Rolling Stock
2003 MACK PUMP TRUCK (4500 GAL TANK)rehab $25,000
Loader #1 (2021)10 year useful life
Loader #2 (2018)7 year useful life $260,000
Loader #3 (2021) JD 524 12 year useful life
Organics collection insert for F550 7 year useful life $100,000
Used Triaxle Dump truck (ADT)12 year useful life
stacking conveyor (2021)20 year useful life
Sub Total $125,000 $260,000 $0
ODF Expansion
Phase III
site grading $150,000
Sub Total $150,000 $0 $0
Total ODF $1,060,000 $335,000 $50,000
2
CSWD CAPITAL PROJECTS 3 YEAR PLAN
Roll-OFF and Maintenance FY24 FY25 FY26
Capital Equipment
new roll-off containers -$ moved to ops budget -$
Sub Total -$ -$ -$
Rolling Stock
2023 KENWORTH ROLL OFF TRUCK T800 #1 10 year useful life
2012 KENWORTH ROLL OFF TRUCK T800 #31 encumbered ($255,000)25,000$
2017 KENWORTH ROLL OFF TRUCK T800 #2 10 year useful life
2005 JD 644G Loader EDOC 30,000$
2022 FORD F350 PICKUP TRUCK - Rack Truck
2014 JD 644K Loader Maint 250,000$
2014 Volvo L30GS mini-loader (maybe skid steer)110,000$
2015 enclosed trailer HH/lawnmower 12,000$
Used Oil Trailer 25,000$
Sub Total 360,000$ 55,000$ 12,000$
Total Roll-Off and Maintenance $360,000 $55,000 $12,000
Drop Off Centers
Site Work
Flynn Ave
Pine Street Construction 285,000$
Sub Total 285,000$ -$ -$
Design for Expansion 30,000$
Overlay lot and road 60,000$
Sub Total -$ 60,000$
Design for Optimization 25,000$
Sub Total -$ 25,000$ -$
Total Drop Off Centers 285,000$ 85,000$ -$
WDOC
BDOC
EDOC
3
CSWD CAPITAL PROJECTS 3 YEAR PLAN
HAZARDOUS WASTE AND LATEX PAINT FY24 FY25 FY26
Building & Building Repair
Refurbish outdoor haz store bldgs. (2) added to ops budget 80,000$
Sub Total 80,000$ -$ -$
Rolling Stock
new forklift (2008) used 34,000$
Sub Total 34,000$
Total HAZARDOUS WASTE AND LATEX PAINT 80,000$ 34,000$ -$
Administration
Capital Equipment
New Server, routers switches, - every 5 yrs.
POS upgrade consultant
DOC bag analysis 60,000$
NetSuite upgrades
Full District Revenue Sufficiency Analysis
website upgrades 35,000$
New Phone System - (every 5 years)
Sub Total 95,000$ -$ -$
Total Administration 95,000$ -$ -$
Old MRF
Site Work
Building and Site (decomissioning/repurpose) $0 $0 $350,000
NEW MRF
Funding Payment
Bond Interest $523,711 $839,804 $839,804
Capital 2,438,711$ 1,348,804$ 1,321,804$
Contingency 243,871$ 134,880$ 132,180$
Capital Total 2,682,582$ 1,483,684$ 1,453,984$
MRF input (525,000)$ -$ -$
ODF input -$ (15,000)$ (15,000)$
DOC input (178,000)$ -$ -$
Cap Reserve Net Cost 1,979,582$ 1,468,684$ 1,438,984$
4
MEMORANDUM
TO: Sarah Reeves
FROM: Jon Dorwart & Nancy Plunkett
DATE: October 20, 2022
RE: FY 2024 Projected SWMF Revenue
As you know, CSWD’s Solid Waste Management Fee (SWMF or Fee) is imposed on all solid waste generated in
the District as established in Article VIII of CSWD’s Solid Waste Management Ordinance. Certain materials are
exempt from the SWMF or are subject to a reduced Fee. Generally, the Fee is assessed at disposal sites, such as
transfer stations and the landfill in Coventry. Haulers, including CSWD, which hauls waste from the District’s
Drop-Off Centers, recover the cost from their customers (the waste generators) through the rates they charge.
The SWMF was originally set at $17.61 in 1993. It was raised to $22.06 in 2009 and to $27.00 in 2013.
Estimated SWMF revenue for FY 2024 is $3,335,702. The estimate is based on projections of waste generation
and diversion from the Solid Waste Disposal and Diversion Trends Model prepared for CSWD by Skumatz
Economic Research Associates. Variables impacting projections in the Model were updated including the
expected economic growth rate for the coming year.
SWMF revenues rose 5.3% from FY 2021 to FY 2022, as the COVID-19 pandemic impacts abated. The CY 2021
receipts are in line with those of CY 2019. This strong and expected improvement follows the less than expected
impacts of the pandemic FY 2021 totals. Calendar year disposed tons for 2021 were 134,644, a 6.8% jump from
CY 2020. The difference between disposed tons and SWMF tons is that some tons disposed are charged a
discounted SWMF rate. For example, certain materials used for road building in the landfill (e.g., fines from C&D
processing) or alternative daily landfill cover (ADC) are charged 25% of the full rate under the CSWD ordinance,
and some tons are not charged at all (Green Up Day litter collected). To illustrate the difference, 100 disposed
tons of ADC equals 25 SWMF tons. Consequently, the total tons disposed is always greater than the total SWMF
L.
2
tons. Post-pandemic, both the District’s diversion rate increased as did disposed ADC. There is no guarantee
either of these trends will continue to climb in the next projected fiscal year, which could impact the SWMF
collected.
Projections under such unusual conditions continue to be extremely difficult to prepare (i.e. pandemic related
issues, international conflict, reduced labor force, supply chain disruptions, and shifting consumer
preferences). Severe reductions in waste generation in FY21 did not occur and picked up to ‘normal’ levels in
FY22. Looking at three quarters of data, tons projected to be disposed in CY22 are expected to be lower than
FY22 actuals by 0.6%. It is not expected that waste generation will return to pre-pandemic levels in FY23, but
economic activity has improved, and the impact of federal investment continues. However, inflation and
changes to monetary policy coupled with the risk of recession and international political volatility are
countervailing forces. Federal support from the pandemic and resulting surpluses is underscored as a key driver
for the State’s economy as of July 2022 (updated in August, 2022) economic review and revenue forecast update
by economist Tom Kavet for the state Emergency Board and Legislative Joint Fiscal Office
(https://ljfo.vermont.gov/subjects/revenue-and-tax/state-forecasts/consensus-revenue-forecasts-legislative-
economic-outlook). Regarding the overall state economic outlook, Kavet concluded, “While downside risks
abound, even with dramatically slowing economic growth in FY23 and FY24, [state tax] revenues could remain at
historically high levels. Given the heightened level of uncertainty, interim quarterly revenue updates should be
considered if external conditions appreciably worsen in FY23.” Regarding the outlook in the housing
construction industry specifically, Kavet stated in his report, “As interest rates rise, prices should moderate, but
the absence of excess supply will temper price declines and provide a shorter recovery period…The current
absence of overbuilding, however, should support resumed growth towards the end of the 5-year forecast
horizon.” From our perspective this entails a risk that recession may dampen the future amount of material
generated, but also gives some confidence C&D materials may remain higher than normal especially in
consideration of some of the larger ongoing and potential construction projects (i.e., Burlington downtown
redevelopment, Beta Tech, Burlington High School and other commercial/housing projects ongoing or in the
pipeline). Whether we will enjoy as high or increasing diversion rates in the future also could be in question
since recent increases may have been driven in part by the pandemic response. Ultimately a wide variety of
factors could impact the amount of disposed material in potentially unpredictable ways.
Given Kavet’s Vermont economic forecast and using the Skumatz model, the SWMF is projected to be 1.3%
lower than the FY 2023 estimate and 2.5% lower than projected for CY 2021 resulting in a baseline of 123,545
tons at $3,335,702 in revenue for FY 2024.
2
Disposal data from recent calendar and fiscal years and SWMF projections are shown in the following table:
C&D Road
TONS DISPOSED MSW C&D Build* ADC* TOTAL SWMF TONS
CY 2020 actual 87,357 30,819 707 7,162 126,045 120,143
CY 2021 actual 88,485 34,806 1 11,352 134,644 126,129
FY 2022 actual 87,747 35,439 1 16,274 139,461 127,255
CY 2022 - actual thru 3Q 64,469 27,544 1,250 13,239 106,502 95,635
CY 2022 - actual + projected 4Q 86,969 35,884 1,460 14,239 138,552 126,778
FY 2023 budget projection 88,800 36,000 800 1,000 126,600 124,600
FY 2024 budget projection 86,595 36,500 800 1,000 124,895 123,545
25% of SWMF FY 2023 200 250
SWMF Tons 123,545
SWMF Revenue $3,335,702
*These are regular C&D fines from the C&D recycling facility plus painted concrete from demolition projects in
FY21 & beginning of FY22 used in landfill road building. The SWMF rate for these and ADC is 25% of the full rate.
Chittenden Solid Waste District
Fiscal Year 24 Proposed Budget
Reserve Funds
1 of 2
Excess income is allocated to specified reserve accounts based on their established priority and reserve
type.
Reserve Types include:
Restricted Reserves: resources subject to constraints. Due to the nature of their restriction, expenses
must be tracked to prove the funds are used as authorized.
Committed Reserves: include encumbrances not otherwise reflected in Restricted Reserves. Limitations
on spending imposed by the annual operating budget naturally lapse with the passage of time and thus
do not remain binding indefinitely. Committed Reserves allows for the inclusion of encumbrances
committed to, but not yet obtained.
Assigned Reserves: may be established by the Board from time to time to meet the future needs of
CSWD. These reserves are established and may be changed by resolution of the Board in accordance
with the Open Meeting Law requirements.
Undesignated Funds: not considered special revenue fund and include the unrestricted surplus funds
not accounted for and reported in another fund
In FY24, CSWD will manage the following Restricted Reserves:
Biosolids Reserve – established by the contract with the members of wastewater treatment
plants for the disposal of sludge. Reserves are often designated to reduce the impact of market
conditions on the fees assessed from biosolids or to collect funds for the purchase of capital
equipment. Budget projections for FY24 indicate an increase of $45,500.
Landfill Post Closure Reserve – designated to assure funding exists to meet the requirements of
the 30-year process of closing the landfill that began in 1996. Members of the operations team
perform an annual audit to review the current closing cost and adjust for inflation and
alterations, as necessary. Excess funds will remain in this fund until CSWD reaches custodial
care through resolution with the state, expected no sooner than Fiscal Year 2025. A portion of
the reserve earns interest through interest-bearing accounts. Both expected expenditures and
expected interest earned are included in the annual budget. Budget projections for FY24
indicate a reduction of $176,452.
Facilities Solid Waste Termination Reserve – mandated to safely remove solid waste from
closed operating facilities as required by state law. Members of the operations team perform an
annual review of the current termination cost adjusting for inflation and alterations, as
necessary. Funds for this reserve reside in an interest-bearing account; revenue from the
account is included in the Finance budget. Budget projections for FY24 indicate an increase of
$500.
In FY24, CSWD will manage the following Temporarily Restricted Reserves:
Materials Recycling Facility Reserve- developed in FY23 to maintain a minimum fund balance
per the bond agreement. Additional funds will be deposited as available, until management is
confident bond payments can be completed through the net ordinary income at the Materials
Recycling Facility.
M.
Chittenden Solid Waste District
Fiscal Year 24 Proposed Budget
Reserve Funds
2 of 2
In FY24 CSWD will manage the following Assigned Reserves:
Solid Waste Management Reserve – designated to provide support to management services as
described in the Charter through a management fee structure. Budget projections for FY24
indicate a decrease of $7,236. Upon completion of the “waterfall effect” the fund will return to
the maximum balance maintained in that reserve.
Operating Reserve – designated to provide funds to operating programs and reduce the reliance
on the solid waste management subsidy. It is assumed contributions are made in years when
operation allocations balances are in excess; withdraws are made when operational allocations
balances are insufficient. In the event operating reserves are depleted, funding will be
withdrawn from the Solid Waste Management Reserve. Budget projections for FY24 indicate an
increase of $176,385. Upon completion of the “waterfall effect” the fund will return to the
maximum balance of $1,750,000 and the excess funds will be redistributed.
Capital Reserves – established to preserve funding for future capital projects, asset upgrades
and replacement of depreciated or disposed assets. Budget projections for FY24 indicate an
increase of $934,614 from the department budgets and a decrease of $2,682,582 for capital
projects, for a net decrease of $1,747,968. Upon the completion of the “waterfall effect” an
additional $74,149 will be redistributed to this fund.
Community Clean Up Fund – designated to member communities for local permissible projects.
Budget projections for FY24 indicate a decrease of $95,000. Upon completion of the “waterfall
effect” it will replenish to $95,000.
Reserve Fund
Assumed
Balance at
the end of
FY23
Assumed
Changes per
FY24 Proposed
Budget
FY24
Capital
Plan
Waterfall
adjustments
Balance at
the end of
FY24
RESTRICTED
Landfill Post Closure Reserve 353,024 (176,452) - - 176,572
Biosolids Reserve 335,224 45,500 - - 380,724
Facilities Closure Reserve 1,464,178 500 - - 1,464,678
TEMPORARILY RESTRICTED
Material Recycling Facility
Reserve 2,200,000 - - 0 2,200,000
DESIGNATED
Solid Waste Management
Reserve 1,000,000 (7,236) - 7,236 1,000,000
Operating Reserve 1,750,000 176,385 - (176,385) 1,750,000
Capital Reserve 5,025,717 934,614 (2,682,582) 74,149 3,351,898
Community Cleanup Fund 95,000 (95,000) - 95,000 95,000
UNDESIGNATED
Undesignated 1,000,000 0 0 1,000,000
CHITTENDEN SOLID WASTE DISTRICT
FY 24 SCHEDULE OF PROGRAM TIPPING FEES
FY22 FY23 FY24
Change
from FY23 to
FY24
MATERIALS RECYCLING FACILITY
Materials Sales fluctuate with market price.
Budgeted Tipping Fees:
In-District materials, per ton 80.00$ 80.00$ 85.00$ 5.00$
Out-of-District materials, per ton 80.00$ 80.00$ 85.00$ 5.00$
DROP-OFF CENTERS
Items accepted vary by facility
Household Trash
Small - up to 13 gallons 2.75$ 2.00$ 3.00$ 1.00$
Medium - 14 to 35 gallons 5.25$ 6.00$ 8.00$ 2.00$
Large - 36 to 45 gallons 7.50$ 8.00$ 11.00$ 3.00$
per cubic yard 41.25$ 42.00$ 48.00$ 6.00$
at Drop-Off Center in Burlington, per pound 0.21$ n/a n/a
Recycling
Blue-bin Recyclables, with paid trash items No charge No charge No charge -$
Blue-bin Recyclables ONLY 2.00$ 2.00$ 2.00$ -$
Organics
Food Scraps, with paid trash items No charge No charge No charge -$
Food Scraps (per 5 gallons), without paid trash items 1.50$ 1.00$ 1.00$ -$
Tree limbs, trunks, clean stumps, & brush:
Up to 1 cubic yard (Milton & Essex) n/a No charge No charge -$
Up to 3 cubic yards (Williston) No charge No charge No charge -$
Each cubic yard in excess of 3 cy 10.00$ 5.00$ 5.00$ -$
Pallets & clean lumber:
Up to 1 cubic yard (Milton & Essex) No charge No charge No charge -$
Up to 3 cubic yards (Williston) n/a No charge No charge -$
Each cubic yard in excess of 1 cy 5.00$ 5.00$ 5.00$ -$
Per ton 50.00$ 50.00$ 50.00$ -$
Yard debris n/a No Charge No Charge -$
Special Materials
Non-covered Electronics ~ per pound (by appt. only)0.18$ 0.18$ 0.18$ -$
Gypsum wallboard (clean, new scrap):
Small loads (up to 2 cy), per cubic yard 22.50$ 22.50$ 22.50$ -$
Large loads, per ton 90.00$ 90.00$ 90.00$ -$
Tires ~ up to 16”2.25$ 3.00$ 3.00$ -$
Tires ~ 16.5” to 19”3.75$ 3.00$ 3.00$ -$
Tires ~ per ton 200.00$ 225.00$ 225.00$ -$
Propane cylinders over 20 lbs.5.00$ 5.00$ 5.00$ -$
Mercury-containing products*No charge No charge No charge -$
Propane cylinders 20 lbs. & under*No charge No charge No charge -$
Dense Construction & Demolition Materials
up to 13-gallon bag/barrel 5.50$ 5.00$ 5.00$ -$
up to 33-gallon bag/barrel 10.50$ 10.00$ 10.00$ -$
up to 45-gallon bag/barrel 15.00$ 15.00$ 15.00$ -$
per cubic yard 82.50$ 82.00$ 82.00$ -$
1 of 2
N.
CHITTENDEN SOLID WASTE DISTRICT
FY 24 SCHEDULE OF PROGRAM TIPPING FEES
FY22 FY23 FY24
Change
from FY23 to
FY24
DROP-OFF CENTERS, continued
Items accepted vary by facility
Other Items
Appliances without refrigerants 5.00$ 5.00$ 5.00$ -$
Appliances with refrigerants $10-$15 $10-$15 $10-$15
Batteries (household and lead acid)* No charge No charge No charge
Electronics -non-covered $1-$15 No charge No charge
Electronics - items covered by State program No charge No charge No charge
Fluorescent lamps* No charge No charge No charge
Small furniture item 11.00$ $4-11 $4-11
Large furniture item 22.00$ $16- 22 $16- 22
Twin box spring 18.75$ 20.00$ 20.00$ -$
Twin mattress 18.75$ 20.00$ 20.00$ -$
Full/double/queen mattress 11.00$ 25.00$ 25.00$ -$
Full/double/queen box spring 11.00$ 25.00$ 25.00$ -$
King mattress 22.00$ 30.00$ 30.00$ -$
King box spring 22.00$ 30.00$ 30.00$ -$
Crib mattress 6.00$ 6.00$ 6.00$ -$
Hard cover books* No charge -$ -$ -$
Scrap metal No charge No charge No charge -$
Textiles* No charge No charge No charge -$
Tires 2.75$ 3.00$ 3.00$ -$
Tires ~ Up to 19” 5.25$ 3.00$ 3.00$ -$
Tires ~ 20” to 24.5” 14.00$ 15.00$ 15.00$ -$
Tires ~ large equipment tires 56.00$ 56.00$ 56.00$ -$
Used oil* No charge No charge No charge -$
Used oil filters* No charge No charge No charge -$
Ashes (accepted as trash) $2-8; $42 (Cubic Yard) $2-8; $42 (Cubic Yard) -$
HAZARDOUS WASTE - ENVIRONMENTAL DEPOT & ROVER
Environmental Depot
Household hazardous waste No Charge No Charge -$
Business hazardous waste ~ Conditionally Exempt Generators Call For Pricing Call For Pricing Call For Pricing
Rover
Household hazardous waste No Charge No Charge -$
BIOSOLIDS
price based on agreed-upon contract with member towns
Sludge
Sludge per wet ton for disposal (average projected blended rate, opt out)NA NA NA -$
Sludge per wet ton for disposal (average projected blended rate)87.40$ 91.30$ 96.06$ 4.76$
Sludge per wet ton for land application (average projected blended rate)NA NA NA -$
Sludge per wet ton for alkaline treatment (average projected blended rate)92.87$ 99.01$ 104.67$ 5.66$
Organics Diversion Facility
Food Waste
Tip fee, per ton 60.00$ 65.00$ 70.00$ 5.00$
Solid Waste Management
Budgeted Fee:
Management Fee, per ton 27.00$ 27.00$ 27.00$ -$
2 of 2
FY 24 CSWD ORGANIZATIONAL CHART
FY 23 - 49.45 FTE'S
FY 24 - 52.66 FTE's
3.21 increase staff
Board of
Commissioners
Executive Board
(5)
Executive Director (1)
Finance Committee
(3)
Finance
(1)
Finance Staff
(3)
Information
Systems
(2.05)
Administration
(1)
Organics Diversion
Facility Staff
(6.4)
Compliance
Staff (1)
Public Policy &
Communications
(1)
Operations
(1)
Marketing &
Communications
(2.42)
Maintenance
Staff (5.2)
Admin
Staff
(1)
Property
Mgmnt
Drop-Off Center
Staff (15.59)
Hazardous
Waste Staff
(5)
Compliance
(1)
MRF
Biosolids
Operations & Project
Management Staff
(1)
Landfill
Outreach Staff
(4)
O.
P-23(F-3)
P-19(F-5)
P-34(F-4, F-9)
P-22(E-7)
P-28(W-8)
P-32(R-6)
VTANG Fire Department Overview
The Mission of the Vermont Air National Guard (VTANG) Fire Department is to provide top-notch support,
training, and assistance to the 158th Fighter Wing, Burlington International Airport (BIAP), and our
surrounding communities. Currently, the department manages ten mutual aid agreements with
surrounding communities and multiple automatic response agreements. They can provide support in
the following areas: aircraft rescue firefighting, structural firefighting, emergency medical services,
rope rescue, confined space rescue, hazardous materials response, motor vehicle extrication,
emergency dispatching, public outreach, and education. The Fire Department, which serves as the
primary responder for BIAP, is 100% federally funded and has an operating cost of over $4 million per
year. In 2022, the VTANG Fire Department received a total of 906 calls and responded to 351
emergencies both on and off base. Mutual aid (off-base) responses accounted for 69% or 244 of
the 351 emergency calls received. The estimated asset value of the department is $25 million
which includes personnel, training, station, vehicles, and equipment.
Staffing
The fire department is comprised of 29 full-time State of Vermont employees, one federal employee, and
27 military members. Over 50% of its employees volunteer in local communities, bringing
high-level training not offered in Vermont.
Vehicle Capabilities
Foam: 440/Gal
Foam: 220/Gal
Foam: 56/Gal
Foam: 50/Gal Class A
Water: 3300/Gal
Water: 1500/Gal
Water: 400/Gal
Water: 500/Gal
Water: 4000/Gal
Dry Chemical: 500/lbs
Dry Chemical: 450/lbs
(ARFF)
(ARFF)
(ARFF)
(Structural)
(Structural)
(Rescue)
Note: VTANG utilizes Class B Ansulite 3% AFFF Foam and Class A Chemguard Direct Attack Firefighting Foam.
TO: VERMONT TOWNS, CITIES, AND COUNTIES
RE: RECENT COMMUNICATIONS FROM OPIOIDS SETTLEMEMENT ADMINISTRATOR
ACTION REQUIRED BY 4/18/23
FROM: JILL S. ABRAMS, ASSISTANT ATTORNEY GENERAL
March 23, 2023
I hope the following information helps to address the questions some of you have raised about the
communications you have received from the National Opioids Settlement Administrator. If you have
specific questions, please feel free to email me at jill.abrams@vermont.gov.
The 5 Settlements with Teva, Allergan, CVS, Walmart, and Walgreens
Vermont, together with other states across the country, has reached settlement agreements with five
opioid manufacturers: Teva, Allergan, CVS, Walmart, and Walgreens. As was the case for the previous
settlements with Janssen and the Distributors, each state has been allocated a percentage of the
settlement funds based on a formula that considers the number of opioid deaths in the state, the
number of people in the state with opioid use disorder, the amount of state opioid sales, and
population. Vermont’s share of each settlement exceeds our percentage of the population.
Each of the settlements provide for payments over a period of time and will be divided as follows:
-15% to Vermont’s subdivisions (towns, cities, and counties) (“Subdivision Fund”)
-70 % to the statewide Opioid Abatement Fund (“Abatement Fund”)
-15% to the State
The settlement monies are to be used for opioid crisis abatement.
What Must Towns, Cities, and Counties Do?
Maximizing Vermont’s Payments
The settlements are each designed with a “base” amount and “incentive” amounts that are designed to
incentivize sign-on (meaning execute and return the settlement papers that were emailed to you by the
National Opioids Settlements claims administrator) by states and their subdivisions. The state has
already signed on to the settlements. For Vermont to receive the maximum amount of money from
each of the settlements, we need certain sub-divisions to sign on to the settlement by April 18, 2023.
They are1:
-the “Litigating Subdivisions” (Brattleboro, Bennington, Sharon, and St. Albans)
-Vermont towns and cities with a population over 10,000 (Burlington, Colchester, Essex, Essex
Junction, Milton, Rutland, South Burlington, and Williston); and
-12 of our 14 counties (not Grand Isle or Essex)
Any other Vermont subdivision with a population under 10,000 that also signs on will receive its
allocated share of the 15% Subdivision Fund. If subdivisions with a population under 10,000 do not sign
on, their share will go to the 70% abatement Fund.
Subdivisions with populations under 10,000 will be allocated very modest sums as part of the
Subdivision bucket. If they sign a release, they will receive those sums directly from the claims
administrator each year. There are also options for the money allocated to the 12 Vermont counties
1 To receive money from either Teva or Allergan, the subdivisions must sign on to both.
given Vermont’s unique county governance structure. Those funds may be contributed to the
Abatement Fund so long as the side judges sign on and execute the form provided for that purpose.
There is a Settlement Administrator that determines the yearly payments, and emails the states, the
settling companies, and an Enforcement Committee (comprised of settling states and subdivision
members) the payment amount for that year in advance of the payment. States and subdivisions have
the right to challenge the Settlement Administrator’s calculations. Challenges must be made 21 days in
advance of the payment date.
The Settlement Amounts and Payment Schedule
Vermont will receive approximately $39.5 million from these settlements in annual payments that vary
from a single payment by Walmart in 2023 to 14 years by Walgreens. Additional information about the
settlements can be found at: nationalopioidsettlement.com.
New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart
Opioids Implementation Administrator
opioidsparticipation@rubris.com
South Burlington city, VT
Reference Number: CL-393152
TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO
PARTICIPATE.
Deadline: April 18, 2023
Five new proposed national opioid settlements (“New National Opioid Settlements”)
have been reached with Teva, Allergan, CVS, Walgreens, and Walmart
(“Settling Defendants”). This Participation Package is a follow-up communication to
the Notice of National Opioid Settlements recently received electronically by your
subdivision or special district (“subdivision”).
You are receiving this Participation Package because Vermont is participating in the
following settlements:
Teva
Allergan
CVS
Walgreens
Walmart
This electronic envelope contains:
Participation Forms for Teva, Allergan, CVS, Walgreens, and Walmart,
including a release of any claims.
Vermont Ex. K-1.
The Participation Form for each settlement must be executed, without
alteration, and submitted on or before April 18, 2023, in order for your
subdivision to be considered for initial participation calculations and
payment eligibility.
As with the prior Janssen and Distributor settlements, counties may again choose to
contribute their allocated share of the settlement fund to Vermont’s Abatement
Account Fund by completing the attached Vermont Ex. K-1. If you have any
questions, please contact Jill Abrams at the Vermont Attorney General’s Office at
jill.abrams@vermont.gov.
Based upon subdivision participation forms received on or before April 18th, the
subdivision participation rate will be used to determine whether participation for
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
each deal is sufficient for the settlement to move forward and whether a state earns
its maximum potential payment under the settlement. If the settlement moves
forward, your release will become effective. If a settlement does not move forward,
that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if the subdivision’s state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may also
reduce the amount of money for programs to remediate the opioid crisis in its state.
Please note, a subdivision will not necessarily directly receive settlement funds by
participating; decisions on how settlement funds will be allocated within a state are
subject to intrastate agreements or state statutes.
You are encouraged to discuss the terms and benefits of the New National Opioid
Settlements with your counsel, your Attorney General’s Office, and other contacts
within your state. Many states are implementing and allocating funds for these new
settlements the same as they did for the prior opioid settlements with McKesson,
Cardinal, Amerisource, and J&J/Janssen, but states may choose to treat these
settlements differently.
Information and documents regarding the New National Opioid Settlements and
how they are being implemented in your state and how funds will be allocated
within your state allocation can be found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented as
additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Forms and any
supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Participation Forms
electronically through DocuSign will return the signed forms to the
Implementation Administrator and associate your forms with your
subdivision’s records. Electronic signature is the most efficient method for
returning Participation Forms, allowing for more timely participation and the
potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to
complete all fields. As with electronic signature, returning manually signed
Participation Forms via DocuSign will associate your signed forms with your
subdivision’s records.
(3)Manual Signature returned via electronic mail: If your subdivision is unable to
return executed Participation Forms using DocuSign, signed Participation
Forms may be returned via electronic mail to
opioidsparticipation@rubris.com. Please include the name, state, and
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
reference ID of your subdivision in the body of the email and use the subject
line Settlement Participation Forms – [Subdivision Name, Subdivision State] –
[Reference ID].
Detailed instructions on how to sign and return the Participation Forms, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com. You may also contact
opioidsparticipation@rubris.com .
The sign-on period for subdivisions ends on April 18, 2023.
If you have any questions about executing these forms, please contact your
counsel, the Implementation Administrator at opioidsparticipation@rubris.com, or Jill
Abrams at the Vermont Attorney General’s Office at jill.abrams@vermont.gov.
Thank you,
National Opioids Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the respective settlement agreements referenced above and to manage
the collection of settlement participation forms for each settlement.
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
EXHIBIT K
Subdivision and Special District Settlement Participation Form
Will your subdivision or special district be signing the settlement participation forms for the Allergan and
Teva Settlements at this time?
[ ] Yes_ta [ ] No_ta
Governmental Entity: South Burlington city State: VT
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
1
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11.In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Allergan Settlement.
12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity: South Burlington city State: VT
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
3.The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5.By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
1
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
8.The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), and along with all departments, agencies, divisions,
boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Released Claims against
any Released Entity in any forum whatsoever. The releases provided for in the Teva
Settlement are intended by Released Entitles and the Governmental Entity to be broad and
shall be interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the power of
the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to
any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11.In connection with the releases provided for in the Teva Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release that, if known by
him or her, would have materially affected his or her settlement with
the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Teva Settlement.
12.Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
2
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the CVS
Settlement at this time?
[ ] Yes_cv [ ] No_cv
Governmental Entity: South Burlington city State: VT
Authorized Signatory: /officialname_cvs/
Address 1: /address1_cvs/
Address 2: /address2_cvs/
City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/
Phone: /phone_cvs/
Email: /email_cvs/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
1
DocuSign Envelope ID: D62D0CA7-44B8-482C-8457-5E440B462367
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Settlement.
7.The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10.In connection with the releases provided for in the CVS Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity
hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Released Claims that may exist as of such date but which Releasors do
not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in the CVS Settlement.
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11.Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_cvs/
Name:/name_1_cvs/
Title:/title_1_cvs/
Date:/date_1_cvs/
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EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the Walgreens
Settlement at this time?
[ ] Yes_wg [ ] No_wg
Governmental Entity: South Burlington city State: VT
Authorized Signatory: /officialname_walgreens/
Address 1: /address1_ walgreens/
Address 2: /address2_ walgreens/
City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/
Phone: /phone_walgreens/
Email: /email_walgreens/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
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6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the Walgreens Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens
Settlement.
7.The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
complete bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10.In connection with the releases provided for in the Walgreens Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walgreens Settlement.
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11.Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_walgreens/
Name:/name_1_walgreens/
Title:/title_1_walgreens/
Date:/date_1_walgreens/
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EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart
Settlement at this time?
[ ] Yes_wm [ ] No_wm
Governmental Entity: South Burlington city State: VT
Authorized Official: /officialname_walmart/
Address 1: /address1_walmart/
Address 2: /address2_walmart/
City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/
Phone: /phone_walmart/
Email: /email_walmart/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
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6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7.The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Walmart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest
possible bar against any liability relating in any way to Released Claims and extend to the
full extent of the power of the Governmental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9.In connection with the releases provided for in the Walmart Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walmart Settlement.
10.Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_walmart/
Name:/name_1_walmart/
Title:/title_1_walmart/
Date:/date_1_walmart/
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1
THOMAS J. DONOVAN, JR. ATTORNEY GENERAL
JOSHUA R. DIAMOND
DEPUTY ATTORNEY GENERAL
SARAH E.B. LONDON CHIEF ASST. ATTORNEY GENERAL
TEL: (802) 828-3171 http://www.ago.vermont.gov
STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL 109 STATE STREET MONTPELIER, VT 05609-1001
To: Speaker Jill Krowinski; President Pro Tempore Rebecca Balint; Jaye Johnson, Governor’s
Counsel; Senator Randy Brock; Representative Patricia McCoy; Catharine Benham, Joint
Fiscal Office; Kristin Clouser, Deputy Secretary of Administration; Senator Jane Kitchel;
Representative Mary Hooper; Senator Virginia Lyons; Representative Ann Pugh;
Joyce McKeeman, Orange County Assistant Judge; Vermont League of Cities and Towns
From: Deputy Attorney General Joshua Diamond; Assistant Attorney General Jill Abrams
Date: September 14, 2021
Re: Vermont Attorney General’s Executive Summary of Opioid Distributors and J&J
Settlements
The Vermont Attorney General’s Office has been fighting to end the opioid crisis and hold
industry accountable for their role in promoting and profiting from the opioid epidemic. As a
result of its efforts, both individually and collectively with State Attorneys General and
thousands of other state subdivisions (e.g. cities, towns, and counties) settlements have been
reached with Opioid Distributors and J&J.
The Distributors. A $21 billion settlement is being proposed to settle lawsuits by State
Attorneys General and thousands of state subdivisions (e.g., cities, towns, and counties) against
the three major distributors, McKesson, Cardinal, and Amerisource Bergen (the “Distributors”).
Vermont has been in litigation with McKesson and Cardinal, the two largest pharmaceutical
distributors into Vermont, for almost 2 ½ years. We allege that the Distributors: distributed
large quantities of addictive opioids into Vermont and failed to design and operate effective
controls to monitor, identify, report, and prevent the fulfillment of suspicious orders that would
create a risk of abuse; colluded in marketing efforts with the opioid manufacturers; and failed
to implement effective anti-diversion programs. In so doing, the Distributors violated Vermont’s
2
Consumer Protection Act, created a public nuisance, and otherwise engaged in negligent
activities.
In addition to the State’s lawsuits, four Vermont towns and cities – Bennington, Brattleboro,
Saint Albans, and Sharon – also sued the Distributors.
J&J. A $5 billion settlement is also being proposed to settle lawsuits and investigations by State
Attorneys General and thousands of state subdivisions against Johnson & Johnson and Janssen
(“J&J”), including those filed by the four Vermont towns and cities.
The Settlement Agreements for both the Distributors and J&J announced in July 2021 (the
“SAs”) provide ways for states and their subdivisions across the country to receive money. As
explained below, the settlement is designed with incentives for states and subdivision to sign
on so that the amount of money received is maximized.
This Executive Summary provides: (i) an overview of the settlement funds that Vermont may
receive from the Distributors and J&J (ii) details about how Vermont can maximize the
payments under the SAs, (iii) the steps needed to effectuate the settlement, (iv) other
mechanics needed for the distribution of settlement monies, and (v) injunctive relief that will
be imposed by the SAs. Differences between the Distributor and J&J settlements are noted.
I. The Settlement Funds
Distributors
Of the $21 billion total settlement figure:
• $19,045,346,616 is paid over 18 years for use by states and subdivisions to abate or
remediate the opioid crisis.
• $1.671 billion is paid towards attorneys’ fees and costs. This includes attorneys’ fees for
the thousands of subdivisions who have sued.
The SA provides for other offsets, such as money specifically allocated for Tribes (2.58%). A net
amount of approximately $18.5 billion will be paid to states and their subdivisions.1
The annual payments could be deferred within the 18 years if a Distributor suffers significant,
demonstrable financial constraints. The SA also provides that the Distributors may advance
some payments, subject to a discount rate for early payment.
1 Additional reductions from the Distributor and J&J settlement amounts may occur for possible claims for
reimbursement of opioid-related expenses by Medicaid and costs associated with the administration of the
settlement funds that are not otherwise covered by interest generated from settlement funds held in escrow.
3
J&J
Of the $5 billion total settlement figure:
• $4,264,615,385 is paid over 10 years for use by states and subdivisions to abate or
remediate the opioid crisis.
• $ 465,384,615 is paid towards attorneys’ fees and costs (including attorneys’ fees for the
thousands of subdivisions who have sued), payment to the Tribes, and potential
outstanding liability of J&J pending a decision from the Oklahoma Supreme Court. 2
Both Settlements
The settlements are designed to be allocated in 3 “buckets”:
• 15% to state subdivisions to be used to abate the opioid crisis (the “Subdivision Fund”);
• 15% to states to remediate for past expenses of the opioid crisis or for future abatement
(the “State Fund”); and
• 70% to a statewide abatement fund (the “Abatement Fund”).
Each state has been allocated a percentage of the total Settlement Fund based on a
formula that considers the number of opioid overdose deaths in the state, the number of people
in the state with Opioid Use Disorder, the amount of state opioid sales, and population.
Vermont’s share of the Distributors settlement is .0284% (well over our .019 of the population),
or approximately $53 million over 18 years. Vermont’s share of the J&J settlement is
.2876050633% of the settlement proceeds, or a total of $12,265,249 over 10 years.
II. Maximizing Vermont’s Payment
The Distributors and J&J SAs are designed to incentivize sign-on by states and their subdivisions
with a “Base” amount and four types of “Incentives.” These Incentives are labeled A, B, C, and
D. The total amount of money that comes into a state (to be shared 15%-15%-70%, as outlined
above) depends on the incentive level attained.
Distributors
The Base amount is 55 % of the annual payment. The Incentive payments are A (which provides
an additional 40% over the 55% Base payment), B (an additional 25% over the Base payment) C
(an additional 15% over the Base payment), and D (an additional 5% over the Base payment).
Whether a State qualifies for Incentive A, B, or C depends on the percentage of “Litigating”
Subdivisions and “Non-Litigating” Primary Subdivisions that have released their claims. A
2 States that sued J&J will receive reimbursement of their counsel fees from a $67,307,691 fund. Vermont would
receive $262,047 (which is .3893298238% of the $67,307,691 “Additional Restitution Amount” being paid to states
that did not sue J&J) over Years 1-3 in additional to the $12,265,249 it will receive from the J&J settlement.
4
Primary Subdivision is one that has a population of over 10,000. The SA has exhibits that
identify each Litigating and Primary Subdivisions.3
In Years 1 and 2, all settling states are deemed eligible for the Base plus Incentive A. A state
that does not continue to qualify for Incentive A after Year 2 will have its future payments
reduced accordingly in Years 3 through 7.
Incentive A is our goal because we receive 95% of our payment every year. For Vermont to
receive Incentive A for all 18 years, we need certain entities to sign on to the settlement by May
14, 2024. They are:
• the “Litigating Subdivisions” (Brattleboro, Bennington, Sharon, and St. Albans);
• Vermont towns with a population over 10,000 (Burlington, South Burlington, Colchester,
Essex, Essex Junction, Rutland, Milton, and Williston); and
• 12 of our 14 counties (not Grand Isle or Essex).4
Any other Vermont subdivision with a population under 10,000 that also signs on will receive its
allocated share of the 15% Subdivision Fund. If those other subdivisions do not sign on, their
share will go to the 70% Abatement Fund.
Incentives B plus C equal Incentive A. Incentive B (which provides a 25% incentive payment)
relates to the number of Litigating Subdivisions that sign on and C (which provides a 15%
incentive payment) relates to towns over 30,000 that sign on, plus the number of Litigating
Subdivisions that sign on. In Vermont, that would mean that Burlington plus all the Litigating
Subdivisions would equal 40%. Incentive D (5% over the Base) begins in Year 6 and is paid to
any state in which no subdivisions have brought new litigation or where a subdivision brings a
lawsuit after the settlement that does not survive more than 6 months after a Distributor
moves to dismiss the case.
There will be a Settlement Administrator that determines the yearly payments, and tells the
states, Distributors, and an Enforcement Committee (comprised of settling states and
subdivision members) the payment amount for that year 50 days in advance of the payment.
States and subdivisions have the right to challenge the Settlement Administrator’s calculations.
Challenges must be made 21 days in advance of the payment date.
The effective date of the SA is April 2, 2022. If a state’s consent judgment (the document filed
with the Court by the Attorney General regarding our agreement to settle and release our
claims against the Distributors) has been entered by the Court by that time, the funds will be
released to the state, as well as to the subdivisions that have released their claims. If the
Consent Judgement has not yet been entered, the funds will be paid 10 days after its entry.
3 See Exhibits C and G.
4 Subdivisions that do not sign on to the SA by January 2, 2022, and wait until May 14, 2024, will forgo receiving
direct payments in years 1 and 2. Such payments will revert to the Abatement Fund. Infra., section IV.
5
The payment date for Year 2 is July 15, 2022, and subsequent annual payments will also be
made on July 15.
The Distributors may terminate the SA with a state whose consent judgment has not been
entered by Oct. 2, 2022, or whose consent judgment was disapproved by the court and the
time to appeal expired.
J&J
The SA provides 11 payments over 10 years, with 2 payments in 2022. The Base payment is 45%
of the total and the Bonus is 55%. Similar to the Distributors’ SA, there are four different types
of Bonus payments identified as A, B, C, and D.
J&J must make its first two payments in July 2022, both of which are base payments. It is noted
that while the Distributors provide the maximum payments to all states for 2 payment years,
J&J does so only for the first payment year. However, as explained below, it is possible for
Vermont to receive its payments for Years 1-4 on an accelerated basis.
Bonus A, which amounts to 50% of the total annual payment, requires sign-on of all Litigating
Subdivisions and Nonlitigating Subdivisions with a population over 10,000. This includes the
same subdivisions identified for the Distributors.5 States and their subdivisions may receive
immediate acceleration of base and incentive payments 1-4 upon delivery of settlement
agreements and releases of Litigating Subdivisions and Nonlitigating Subdivisions with a
population exceeding 10,000 “within 90 days of notice, on or after the Effective Date.”
Assuming Vermont qualifies for Bonus A, it could receive $6,547,167 (payments 1-4) within 90
days after Effective Date, which is approximately July 2022. The remaining payments (5-11)
would resume in 2025 and continually annually thereafter.
Under Bonus B, a state can get 60% of the Bonus A payment (30% of the total) if all Litigating
Subdivisions sign on but can qualify for a portion of Bonus B if Litigating Subdivisions
representing 75% of the State’s Litigating Subdivisions sign on. There is a sliding scale for the
Bonus B payment based on resolution of Litigating Subdivisions’ opioid liability claims.
Under Bonus C, a state can get 40% of Bonus A payment (20% of the total). There is a sliding
scale based on resolution of the Litigating and Non-Litigating Primary Subdivisions (defined as
30,000 or more). It is in 2 parts. Under the first, a state can receive up to 75% of Bonus C if
Litigating and Non-Litigating Primary Subdivisions representing 60% of the Primary Subdivisions’
population sign on (above 30k population). Under Part 2, if the State already qualifies under
Part 1, it can get an additional 25% of Bonus C if all 10 of its largest subdivisions, by population,
sign-on.
Under Bonus D, a state gets an additional 5% of the total available payments starting in Year 5 if
no Covered Special Districts in a state filed lawsuits after the Effective Date or survive a motion
5 Supra., at p. 4 above.
6
to dismiss. Covered Special Districts are school, hospital and fire districts subject to certain
population thresholds. Vermont has no qualifying Covered Special Districts, and therefore, we
should receive Bonus D.
J&J’s annual payments are due on July 1 in each year.
J&J may terminate the SA with a state whose consent judgment has not been entered by Oct. 2,
2022, or whose consent judgment was disapproved by the court and the time to appeal
expired.
III. Necessary Steps Before Settlement Occurs
A. Key Trigger Dates and Sign-on to the Distributors and J&J Settlements by the State
and its Subdivisions
The SAs sign-on are designed in two phases (with the goal of getting maximum participation of
states and subdivisions) which are conditions to the Distributors’ and J&J’s agreements to
consummate the settlements. The timing and steps are as follows:
1. State Sign-on
By August 21, 2021, each state must inform the Distributors and J&J whether it agrees to settle.
Vermont provided such notice of its agreement to settle. On Sept. 4, 2021, the Distributors and
J&J determined there are enough states signing on to move forward.
2. Subdivision Sign-on
Non-Litigating and Litigating Subdivisions both have the opportunity to become “Participating
Subdivisions.” It is in the interest of all states to get maximum subdivision participation so that
the Distributors and J&J go forward with the settlement. Therefore, Litigating and Non-litigating
Primary Subdivisions should sign onto the SAs before January 2, 2022.
By September 19, 2021, the States will send written notice of the opportunity to participate in
the settlements to the Litigating Subdivisions ( Bennington, Brattleboro, Sharon, and St. Albans)
and the non-litigating subdivisions listed in Exhibit G to the SAs.6 Exhibit G provides the
calculation of the relative allocation of funds available to the respective subdivision as a portion
of the 15% subdivision settlement bucket.
To help facilitate the acceptance of the settlement by the Distributors and J&J Litigating and
Non-Litigating subdivisions with a population over 10,000 should become a “Participating
Subdivision,” by executing the Subdivision Participation Form (Exhibit. K to the SAs and
6 . Exhibit G essentially comprises every Vermont City and Town along with 12 out of the 14 counties (Essex and
Grand Isle counties are excluded).
7
attached to this memo) and return it to the Settlement Fund Administrator by Jan. 2, 2022.
Exhibit K says that the subdivision agrees to the terms of the SAs relating to subdivisions,
releases its claims against the Released Entities (defined in the SAs), the subdivision will use any
monies received for Opioid Remediation Uses (listed in Exhibit E and discussed below), and that
it submits to the jurisdiction of the court where the State will file its Consent Judgment
(Chittenden County Superior Court). The court has jurisdiction for the limited purpose of
overseeing the execution of the agreement.
Vermont subdivisions with populations under 10,000 will be allocated modest sums as part of
the subdivision bucket.7If they sign a release, they will receive those sums directly. If they do
not sign a release, the sums allocated to them will go to the Abatement Fund.
A subdivision can still become a Participating Subdivision after Jan. 2, 2022, but it will receive
fewer payments than it otherwise would have.
States across the country must inform the Distributors and J&J, by January 17, 2022, if there is
sufficient subdivision participation to proceed. Whether the numbers are “sufficient” is
determined by a formula in the SAs that adds together the subdivisions of all states. The
Distributors and J&J will again consider whether to move forward with the SAs after learning
how many subdivisions across the country will join the settlement. The Distributors and J&J
determine whether sign-on participation is sufficient by February 1, 2022.
As set forth above, 12 out of 14 Vermont counties may receive a portion of the subdivision
funds despite Vermont’s unique county governance structure, which is limited to the operation
of county courts. Those funds may be contributed to the Abatement Fund so long as the side
judges sign releases and directs those funds accordingly.
IV. Other Mechanics for Distribution of Monies
The SAs provides a default mechanism for distributing the Abatement Fund that comprises 70%
of the settlement monies. The default mechanism requires the State to designate an agency
that will request the monies for approved purposes. Those approved purposes can be found at
Exhibit E to the SAs, which is attached to this memo.8 These approved purposes include, but are
not limited to:
• MAT Treatment; Naloxone for overdoses;
• Treatment for those with opioid use disorder;
• Treatment for mothers and infants with neonatal abstinence syndrome;
7 . See Exhibit G for percentages attributed to the requisite subdivisions that are allocated from the 15%
Subdivision bucket.
8 It is noted that various Vermont agencies and departments provided substantial input into the list of approved
abatement purposes. These include the Vermont Department of Health, Vermont Department of Public Safety,
and Blueprint for Health.
8
• Recovery services;
• Prevention programs;
• Expanding syringe service programs;
• Addressing the needs of persons with opioid use disorder or co-occurring
conditions who are at risk of, involved in, or transitioning out of the criminal
justice system;
• Support for first responders; and
• Related training; research.
In addition, an Advisory Committee must be established to make recommendations to the
designated agency for spending of the Abatement Fund. The SAs require that the Advisory
Committee be comprised of an equal number of both state and subdivision representatives.
The SAs also require that the Advisory Committee have written guidelines for the appointment,
removal, and terms of service for its members; a meeting schedule; and a process for receiving
input from the cities and town regarding their needs and proposals for abatement. The
Settlement Agreement is silent as to who is the assigning authority for the Advisory
Committee.9
VI. Key Injunctive Terms
Distributors
In addition to the money, we obtained key injunctive terms so that the Distributors’ current
behavior does not continue. The injunctive relief terms prohibit the shipping of suspicious
orders and implement a system designed so regulators know where the drugs are going. It must
be put into place by July 2, 2022.
Here is an overview that will incorporated into court orders requiring Cardinal, McKesson, and
AmerisourceBergen to:
• Establish a centralized independent clearinghouse to provide all three
distributors and state regulators with aggregated data and analytics about
where controlled substances are going and how often, eliminating blind spots
in the current systems used by distributors;
• Use data-driven systems to detect suspicious opioid orders from customer
pharmacies;
9 It is believed that designation of the respective state agency and creation of Advisory Committee can be
established by either legislation or an executive order. While this Memorandum does not address the Purdue
Bankruptcy, it is contemplated that a similar mechanism will be required for the disbursement of funds for opioid
abatement. Other criteria under the terms of the proposed bankruptcy discharge plan include a chair for the advisory committee that is non-voting, representatives who have expertise in areas of public health, substance
abuse, and health care equity, and the requirement to meet at least four times annually.
9
• Terminate customer pharmacies’ ability to receive shipments, and report
those companies to state regulators, when they show certain signs of
diversion;
• Prohibit shipping of and report suspicious opioid orders;.
• Prohibit sales staff from influencing decisions related to identifying suspicious
opioid orders; and
• Require senior corporate officials to engage in regular oversight of anti-
diversion efforts including the appointment of Chief Diversion Control Officer to
oversee injunctive Controlled substance Monitoring Program.
J&J
The injunctive terms include the following:
• J&J will not manufacture or sell any opioids for distribution in the U.S. (except
Nucynta because it has an existing manufacturing contract with another
company);
• It is not permitted to promote any opioid or opioid product, including products
used for the treatment of opioid-induced side effects;
• It is not permitted to promote the treatment of pain except with non-opioids
like Tylenol and Motrin; and
• J&J will not directly or indirectly provide financial or other support to a third
party that promotes opioids, opioid products or products that treat opioid-
induced side effects.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 |
www.southburlingtonvt.gov
March 30, 2023
TO: City Council
FROM: Daisy Brayton, SHRM-CP
Human Resources Director
RE: Update on Interim City Clerk Position
As you are aware, earlier this year Donna Kinville, City Clerk, announced her plan to retire in August
2023. The City Council has the sole authority to appoint an interim City Clerk until the next election in
March 2024. Helen Riehle, Donna Kinville and I met to review the job description and discuss a potential
plan for recruiting and hiring an Interim City Clerk. In the April 3, 2023, City Council meeting we will
review the job description, develop a recruitment and hiring strategy and talk about next steps. Please
find attached a copy of the City Clerk Job Description.
Our Estimated Timeline
• April – Finalize the Job Description, post the job opening next week.
• May – Early May – interview and make an offer to a candidate.
• June – Interim City Clerk start position.
• June – August – Overlap with Donna and learn the position.
• August – Donna leaves.
I look forward to working with you on this important position.
Attachment: City Clerk Job Description
JOB DESCRIPTION
City Clerk Last Updated 3/2023
Job title City Clerk
Reports to N/A – This is an elected official
FLSA Classification Full-time, Exempt
Salary $75,000 - $94,000
Direct Reports Deputy City Clerk, 2 Assistant City Clerks
Job Summary
Fulfills duties of City Clerk as set forth in Vermont statute, leads and supervises the day-to-day
operations of the City Clerk’s Office and staff, maintains official municipal records, issues
various licenses and official documents, and directs election activities and performs other
related work as required.
Essential Functions (Majority of duties, but not meant to be all-inclusive)
Responsible for
1. Serves as registrar of vital statistics, certifies and records births, marriages, deaths and
other vital records as necessary.
2. Records and maintains all land and other records required to be recorded with the City.
3. Serves as chief election officer for the city and oversees all aspects of federal, state and
local election activities including the supervision of election workers and the
maintenance of complete and updated street lists and voter lists.
4. Serves as notary for any and all public documents as required or necessary.
5. Countersigns and verifies official City documents as required or necessary.
6. Serves as custodian of city records and of the official seal of the city. Directs and
manages personnel and oversees administration of required record retention.
7. Administers all oaths of office as required.
8. Supervises and oversees the issuance of a large variety of licenses and permits,
maintains associated records.
9. Collects fees paid to the City and may work with the Tax Department and other city
personnel as necessary to ensure appropriate fiscal management.
10. May assist with collection of municipal tax receipts.
11. Answers questions and responds to inquiries for information from the general public,
directly and by telephone, providing information and making referrals to other offices
and agencies as appropriate; provides information requested by city officials.
12. Prepares and oversees budgets for the city clerk's office, oversees purchase of supplies
and equipment for department.
13. Acts as the leader and supervisor of the City Clerk Office staff. Responsible for hiring,
making salary decisions, evaluating job performance, assigning work, training. Provide
leadership and support to all City Clerk Office staff in order to provide high quality
customer service and maximize the performance and quality of staff and services.
14. Supports the coordination of activities between all the staff and other departments
within the City and performs other necessary tasks or functions as is necessary to
accomplish City and Department goals and objectives.
15. Member of the City Manager Leadership Team.
Minimum Qualifications
1. Bachelor’s degree plus two years progressively responsible business experience in
maintaining official records, dealing with the public, or in a municipal government
setting desirable, or any equivalent combination of education and experience.
2. Incumbent must be a current resident of the City of South Burlington, Vermont.
3. Certification as a Notary Public required within first 2 months of hire required.
4. Proficient in Microsoft Office Suite required.
Knowledge and Experience:
• Thorough knowledge of state statutes and city ordinances relating to the duties and
responsibilities of city clerks.
• Working knowledge of municipal government procedures and operations, including
relationships between departments.
• Demonstrated ability to apply statutes and precedents to current problems.
• Demonstrated ability to supervise subordinates.
• Demonstrated ability to maintain accurate and detailed records.
• Demonstrated ability to manage and address multiple tasks with frequent interruptions.
• Demonstrated ability to establish effective working relationships with employees and
the general public.
• Demonstrated ability to communicate effectively verbally and in writing.
Working Conditions
(Typical working conditions associated with this type of work and environmental hazards, if any, that
may be encountered in performing the duties of this position.)
Internal: Work is normally performed in climate-controlled office environment, where
exposure to conditions of extreme heat/cold, poor ventilation, fumes and gases is very
limited. Noise level is moderate and includes sounds of normal office equipment
(computers, telephones, etc.) as well as the general public in the lobby area. Work is
performed in an open environment in constant view of pubic with limited expectations of
privacy. Work is subject to continuous interruptions to provide customer service or answer
questions and requires excellent multi-tasking skills. No known environmental hazards are
encountered in normal performance of job duties.
External: Limited external work is required on occasion for election and outreach activities.
Occasional exposure to inclement weather conditions may be required.
Physical Demands
(The physical effort generally associated with this position.)
Work involves standing and walking for extended periods of time with some duties performed from a
seated position. There is potential for eyestrain from reading detailed materials and computer screen.
Work may include occasional pushing, pulling, or carrying objects weighing of approximately 40 pounds
such as files, documents, and some equipment. Must be able to lift and carry heavy volumes, climb
ladder and reach top of vault area. Work normally requires finger dexterity and eye-hand coordination
to operate computer keyboards at a moderate skill level. Repetitive motion injuries may occur.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
MEMORANDUM
To: Jessie Baker, City Manager
From: Steven Locke, on behalf of the Project Team
Subject: Rental Registry and Short-Term Rental Ordinance Draft
Date: March 29, 2023
At the Council’s January 17, 2023 meeting, they discussed prioritizing the adoption of a rental
ordinance and associated implementation steps. Guidance was given to look at both short and long-term rentals and propose the concept of a rental registry. A cross-department project team, composed of members of the planning, finance and fire
departments as well as the city attorney and IT director, have met several times to review,
consider, and provide recommendations to the City Manager and City Council concerning registration of rental housing and regulation of short-term rentals. We would like to present our progress to the Council and receive their feedback on the direction we are going and on some key policy decisions. With their consent, we will move forward with ordinance revision,
identifying resources needs, and building education and enforcement mechanisms.
The project team focused on the following goals, which we believe align with both the Manager and the Council’s objectives. The goals are as follows:
• Ensure short and long-term residential rental units in the City meet established and adopted standards to protect the health, safety, and well-being of occupants.
• Maintain a registry or accounting of all such rental units in the City to include the ability to share information and provide training as appropriate.
• Provide for the efficient and effective enforcement of current and future ordinances.
• Prevent the loss of permanent housing to short-term rentals. There is a significant policy question the Council must answer when considering the regulation
of short-term rentals, which is whether the unit being rented must be owner occupied. The Project Team has composed a draft ordinance for your consideration which establishes a rental registry, parameters for short-term rentals as well as an inspection cycle for all rental housing. The ordinance as drafted requires any short-term rentals with the exception of an
accessory dwelling unit to be the primary residence of the owner/tenant and does not otherwise
limit the number of short-term rentals in the City. This is not a recommendation of the team, but
rather a starting point for the Council to consider. There are many models of how different communities have approached this subject that we can review with Council.
There were, however, several topics the project team discussed not included in this ordinance that can be addressed in the future which include:
• Building codes / inspection for newly constructed single family, owner-occupied homes
• Zoning inspection / certificates of occupancy for single family & two-family homes
• Zoning & code enforcement
• State Building Energy Code inspection / enforcement
• Local heating & hot water ordinance inspection / enforcement Are there areas here that the Council would like to prioritize at this point in the development process?
Attached is the proposed rental registry inspection cycle document that was modeled after the process used in the City of Burlington. If acceptable, this document will be incorporated into the draft ordinance.
Also attached are two checklists used during the inspection process that identify the common items checked. These documents are provided for informational purposes only. If the Council would like to proceed with the potential implementation of the ordinance creating a rental registry and regulation of short-terms rentals, there is still much work to be completed.
One key component for the Council to understand is that implementation of this ordinance
cannot occur without additional personnel. The project team is prepared to begin a cost analysis of this ordinance to include the expected revenue from a registry and the expenses of enforcement/compliance if it is the desire of the Council to proceed.
It should be noted that the Vermont Legislature is again considering enacting legislation that
would create a Statewide rental registration/enforcement requirement. As currently being contemplated, communities that have their own program would not be subject to the State registration. This is similar to the plans review and building inspection agreement in place between the City and the State.
The project team thanks you for your consideration and looks forward to discussing this with you.
Residential Rental Unit Registration Requirements
The Council of the City of South Burlington hereby Ordains:
1. Purpose and Authority
This Ordinance is enacted to promote the public health, safety and welfare of the City under the
authority granted to it by 24 V.S.A. §2291 and Sections 103-104 of the South Burlington City
Charter. Due to an ongoing increase in the number of rental dwelling units in the City of South
Burlington, continued and projected population growth in the City, the aging of some of the
City’s housing stock, and the existing and potential future conversion of permanent housing into
short-term accommodations, the Council hereby finds that the regulation of rental dwelling units
is necessary to maintain and protect the public health, safety and welfare of the City and its
residents. This Ordinance is intended to provide a process:
• through which dwelling units used for rental housing must be registered with the City of
South Burlington for use as long-term or short-term rentals;
• to disclose the ownership of such rental properties;
• to regulate the renting of dwelling units within the City;
• to make owners and persons responsible for the maintenance of property more accessible
and accountable with respect to the premises;
• to ensure that housing units remain available for rent to those who reside or seek to
reside within the City;
• to ensure that the City is not unduly impacted by the operation of short-term rentals; and
• to ensure that owners and tenants of rental dwelling units comply with all building,
health and fire safety codes and ordinances adopted by the City of South Burlington.
This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59.
2. Definitions
The following words, terms and phrases, when used in this Ordinance, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning:
Long Term Rental shall mean the letting of a rental unit in whole or in part for thirty (30) or
more consecutive days.
Multi-Unit shall mean a single, detached building in common ownership interest containing
more than one (1) residential or commercial unit.
Owner-Occupied shall mean a rental unit owned and occupied by the registrant as his or her
primary residence. An accessory dwelling unit as defined in the City’s Land Development
Regulations, is considered a separate dwelling unit from an owner-occupied primary residence
for purposes of short-term rental registration and regulation.
Owner shall mean each individual person or entity including, without limitation, all partners,
officers, or trustees of any real estate trust; all members or managers of a limited liability
company; and all officers and directors of a corporation; that is the record owner of a building or
property.
Primary Residence shall mean the dwelling in which a person resides as their legal residence
for more than one half of a year and registers as his or her address for tax and government
identification purposes.
Registrant shall mean the owner of a rental unit, or a tenant, with permission from the owner,
seeking to register a rental unit.
Rental Unit is any residential structure, furnished house, condominium, or other dwelling room
or self-contained dwelling unit, or portion thereof, that is rented or available for rent to any
individual or individuals for any length of time. Any portion of a dwelling unit or accessory
dwelling unit that is rented or available to be rented to an individual or individuals who are not
the owner or owners shall be considered a rental unit. Motels, hotels/inns, bed and breakfast,
group homes, dormitories, congregate care facilities, continuum of care facilities, skilled nursing
facilities, extended stay hotels, emergency shelters, schools, hospitals or similar facilities are not
Rental Units.
Short Term Rental is a rental unit rented to the transient, traveling, or vacationing public for a
period of fewer than 30 consecutive days and for more than 14 days per calendar year.
Tenant-Occupied shall mean a rental unit in which the registrant is not the record owner of the
rental unit, but lawfully occupies the rental unit as his or her primary residence.
3. Registration Required
(a) Registration of Ownership.
1) Rental Units must be registered in accordance with this Ordinance by April 1st
of each year; Rental Units entering the rental housing market must be
registered and pay the appropriate fee prior to their listing as an available
rental unit or prior to their first occupancy, whichever is earlier. Registration
must be renewed annually, on or before April 1st, including updating all
changes in previously submitted registration information.
2) If a rental unit is rented as both a short term and long term rental, it must be
separately registered for each type of rental.
3) Each owner, manager, and person/entity otherwise responsible for the rental
unit, such as a property manager, shall be obligated under this Ordinance.
Any new owner, manager, or responsible person/entity must apply to register
within thirty (30) days of purchase of the rental unit or transfer of
management or responsibility. New owners or tenants applying to register an
existing Short Term Rental unit are considered new applicants and shall be
subject to all limitations and regulations in effect at the time of the
application.
4) A rental unit shall not be considered registered unless and until the registrant
has submitted a complete application together with all information and fees
required by this Ordinance, to the satisfaction of the City’s Building Inspector,
or designee.
1) As a condition of registration, all owners and/or registrants must allow onsite
inspections by the City of their property including, without limitation, all
rental units. Inspections will be performed in accordance with the Inspection
Cycle adopted by Resolution of the City Council. All units of a multi-unit
building owned by the same property owner, are subject to inspection,
including an owner-occupied unit that is not a rental unit, if one or more units
in the building are rental units. Likewise, all areas of an owner-occupied
dwelling are subject to inspection if any portion of the owner-occupied
dwelling is a rental unit. The purpose of this inspection is to ensure
compliance with all building and fire safety codes, ordinances, and regulations
adopted by the City of South Burlington.
(b) Information/Documentation Required. Registration must be completed on forms
supplied by the City’s Building Inspector or their designee and must provide, at a
minimum, the following information:
1) The address of the property;
2) The number of dwelling units at that address;
3) The number of rental units at that address;
4) The number of sleeping rooms in each rental unit;
5) The number of parking spaces that are dedicated for the rental units at the
property;
6) The name, address, phone number, email address, date of birth, and drivers
license of the property owner, and if the owner is a corporation, the registered
corporate agent and the president of the corporation and their name and
address, and if the owner is a partnership, the registered partnership agent, and
the names and addresses of the general partners;
7) The name, address, phone number, and email address of:
a. Any local (within Chittenden County) managing agent. All owners or
hosts who do not live within Chittenden County are required to
designate a managing agent located in Chittenden County who is
empowered to represent the owner or host in matters concerning
compliance with this chapter;
b. An emergency contact for this property. All properties must have an
emergency contact within Chittenden County;
8) All Additional Information Required for Short Term Rentals.
(c) Additional Information required for Short Term Rentals. A Short Term Rental shall
not be considered registered unless and until all the registration requirements of this
Ordinance have been met to the satisfaction of the City’s Building Inspector, or
designee, and a Short Term Rental registration number has been issued.
1) A Short Term Rental registrant must provide at a minimum the following
information and any other information requested to the City’s Building
Inspector or their designee:
a. A Short Term Rental application.
b. The number of whole unit or partial unit Short Term Rentals within the
building, or in the case of multiple buildings on a parcel of land, on the
entire lot.
c. Whether the rental unit is owner-occupied, tenant-occupied, or non-
owner occupied;
i. For Short Term Rental Units that are owner occupied, the
owner must provide a notarized primary residence affidavit, on
forms provided by the City. The owner must also produce for
review one of the following demonstrating residency at the
owner-occupied unit:
1. Valid driver’s license or other state-issued identification;
2. Valid motor vehicle registration;
3. Proof of homestead exemption pursuant to 32 V.S.A.
§5410; or
4. Other documentation proving primary residence to the
satisfaction of the City’s Building Inspector.
ii. For Short Term Rental units that are tenant-occupied, the
tenant must provide their name, address, phone number, email
address, date of birth, a notarized primary residence affidavit,
and a notarized statement of permission by his/her landlord,
both affidavits on forms supplied by the City. The tenant must
also produce for review one of the following demonstrating
residency at the tenant-occupied unit:
1. Valid driver’s license or other state-issued identification;
2. Valid motor vehicle registration; or
3. Other documentation proving primary residence to the
satisfaction of the City’s Building Inspector.
d. Proof of liability insurance required. At the time of registration, the
Registrant must provide a certificate of insurance that expressly
acknowledges that the property may be used for Short Term Rental
business activity and evidencing (a) property insurance and (b)
general liability insurance appropriate to cover the rental use in the
aggregate of not less than $1 million or proof that the Registrant
conducts rental transactions through a hosting platform that provides
equal or greater coverage. Any such hosting platform-provided
insurance carrier shall defend and indemnify the Registrant, as
additional named insured, and any user in the building for any bodily
injury and property damage arising from the rental. Once registered,
the Registrant shall maintain the required insurances, or such greater
amount as otherwise required by law, throughout the term of the
registration.
e. Proof of Vermont tax account for rooms & meals and/or sale tax
purposes or proof that the Registrant conducts rental transactions
through a hosting platform that pays all applicable rooms & meals
and/or sale taxes on behalf of the Registrant;
f. Proof of positive inspection, for both new and existing buildings, by
the City’s Fire Marshal’s Office or its designee; and
2) Display of Short Term Rental Registration Number Required. Once
registration is approved by the City, each Short Term Rental shall be given a
registration number, which must be displayed in the Rental Unit and in any
and all advertisements for the Rental Unit.
3) Upon request by the City, at any time, all registrants and/or agents of Short
Term Rental units must provide the City with their registration information,
rental history, and upcoming reservation information. Failure of Short Term
Rental unit owners, tenants, and/or their representatives to adequately respond
to inquiries by the City within two business days from the date of the request
shall be considered a violation under this Ordinance.
(d) No registration under this Ordinance shall be transferrable or assignable.
4. Registration Fees.
(a) Annual Registration Fee. Upon initial registration and by April 1st of each year,
registrants shall pay the City a registration fee for each Rental Unit, in the amounts
set forth below. A Rental Unit shall not be considered registered unless and until this
fee is paid in full.
(b) Long Term Rental Registration Fee. The registrant of a long term rental shall pay one
hundred dollars ($100.00) to the City by April 1st of each year. New Construction of
greater than 10 units, rental registration fee is waived for first 3 years. Long Term
Rental Registration Fee for any multi unit building with 40 or more units and owned
by one owner shall be $80 per unit.
(c) Short Term Rental Registration Fee. The registrant of a Short Term Rental shall pay
one hundred dollars ($100.00) to the City by April 1st of each year.
(d) Failure to renew a registration of a rental unit by April 1 shall result in the forfeiture
of the right to renew the registration of that rental unit, and any subsequent
application for the same rental unit shall be treated as a new application for
registration.
5. Requirements of Short Term Rental Units.
(a) Occupancy Limit. Overnight Short Term Rental guest occupancy in each rental unit
will be limited to two (2) guests per bedroom or sleeping area plus no more than two
(additional) guests.
(b) Short term rentals shall adhere to all City of South Burlington regulations and
ordinances related to parking.
(c) No individual or entity may register a Short Term Rental unless it is owner-occupied,
tenant-occupied without permission of the owner, or an accessory dwelling unit.
(d) Registrants shall comply with all applicable State laws and regulations regarding
Short Term Rentals.
(e) Short Term Rentals must be serviced and cleaned before each new guest arrives and
guests must be provided with soap, clean linen, and sanitized utensils.
(f) Registrants shall provide guests written documentation with the following
information:
1) The name, phone number, and email of the Registrant and, if not the
Registrant individually, an emergency contact within Chittenden County who
is available at all times during a guest’s rental.
2) Contact information for the City Fire Marshal.
3) Written instructions on the location and use of fire extinguishers
4) Written instructions on emergency shut-off of heating systems and fuel
burning appliances
5) A diagram identifying emergency egress routes
6) A copy of South Burlington’s Public Nuisance Ordinance.
(g) No pets are permitted in any Short Term Rental unless guests provide proof of valid
rabies vaccine and hosts provide information on the City’s leash and pick-up/disposal
of pet waste requirements and the presence of ticks in Vermont.
6. Violations.
Violations of this article include, but are not limited to:
(a) Any person, business entity, or other organization failing to timely register or renew
the registration of a rental unit, including providing all required information and
paying the required registration fee;
(b) Any person, business entity, or other organization failing to timely file any required
update to the registration;
(c) Any person, business entity, or other organization failing to acquire and/or display the
required Short Term Rental registration number;
(d) Any person, business entity, or other organization providing false information with
respect to registration.
(e) Any person, business entity, or other organization renting any rental unit that is not
registered under this article, advertising for rent such rental unit without registration,
or permitting the occupancy of such premises without registration;
(f) Failure of Short Term Rental unit owners, tenants, and/or their representatives to
adequately respond to inquiries by the City pursuant to Section 3(c)(3) within two
business days from the date of the inquiry.
(g) Failure to maintain a Rental Unit in compliance with all building, health and fire
safety codes and ordinances adopted by the City of South Burlington.
(h) Failure to allow an inspection of a Rental Unit by the City.
(i) Failure to conspicuously display within each Short Term Rental Unit the current and
valid name, address and phone number of the Short Term Rental operator (whether
the owner, tenant, on-site manager, or property manager) and the City Fire Marshal.
(j) Any sublease or sublicense of a Short Term Rental by a guest to another person
during the rental period.
(k) Any signs or other outside indications, other than on-site parking, that a property is
used or occupied as a Short Term Rental.
(l) Noise or unreasonably loud activities, whether inside or outside, that violate the
City’s Public Nuisance Ordinance.
(m) Failure to abide by any other specific requirement of this Ordinance.
7. Enforcement.
Any person who violates a provision of this civil ordinance shall be subject to a civil
penalty of up to $800 per day for each day that such violation continues. Each day the
violation continues shall constitute a separate offense. The Building Inspector, City Fire
Marshal, South Burlington Police Officers, South Burlington Zoning Administrator, and
the South Burlington City Manager shall all be designated and authorized to act as
Issuing Municipal Officials to issue and pursue before the Judicial Bureau, or other court
having jurisdiction, a municipal complaint.
8. Waiver Fees.
An Issuing Municipal Official is authorized to recover waiver fees, in lieu of a civil
penalty, in the following amount, for any person who declines to contest a municipal
complaint and pays the waiver fee:
(a) Operating a Rental Unit without authorization or registration number: $500
(b) All Other Violations:
First Offense: $100
Second Offense: $250
Third Offense: $500
Fourth and Subsequent Offenses: $700
Offenses shall be counted on a twelve (12) month basis beginning April 1 and ending
March 31 of each year. An Issuing Municipal Officer shall have authority to issue a
written warning, without recovering a waiver fee, for any First Offense violation other
than Operating a Rental Unit Without Authorization of Registration Number. In such
instance, the written warning shall be counted as a First Offense for calculating annual
offenses.
9. An Issuing Municipal Official is authorized to recover civil penalties in the following
amounts for each violation:
(a) Operating a Rental Unit Without Authorization or Registration Number: $800
(b) All Other Violations:
First Offense: $400
Second Offense: $600
Third Offense: $800
Fourth and Subsequent Offenses: $800 plus automatic revocation for twelve
(12) months before a new Long Term or Short Term Rental Registration
Application may be submitted.
Offenses shall be counted on a twelve (12) month basis beginning April 1 and ending
March 31 of each year. An Issuing Municipal Official shall have authority to issue a
written warning, without recovering a waiver fee, for any First Offense violation other
than Operating a Rental Unit Without Authorization of Registration Number. In such
instance, the written warning shall be counted as a First Offense for calculating annual
offenses.
10. Other Relief.
In addition to the enforcement procedures available under Chapter 59 of Title 24, the City
is authorized to commence a civil action in the Civil Division of the Vermont Superior
Court to obtain injunctive and other appropriate relief, to request revocation or
suspension of any Long Term or Short Term Rental authorization or registration number
on behalf of the City, or to pursue any other remedy authorized by law.
11. Severability.
In any provision of this ordinance is deemed by a court of competent jurisdiction to be
unconstitutional, invalid or unenforceable, that provision shall be severed from the
ordinance and the remaining provisions that can be given effect without the severed
provision shall continue in effect.
12. Effective Date.
This Ordinance shall take effect on January 1, 2024.
Adopted at South Burlington, Vermont this ___ day of __________, _____, and to be effective
on January 1, 2024.
SOUTH BURLINGTON CITY COUNCIL
Rental Registry Ordinance - Inspection Cycle
• All rental units shall be inspected by the Fire Marshal’s Office (SBFD FMO).
• All newly constructed rental units/buildings having received a Certificate of Occupancy
from the SBFD FMO on or after January 1, 2021, shall receive a 5-year Certificate of
Rental Compliance from the date of the initial Certificate of Occupancy.
• If no violations are found during the inspection, the building shall receive a 5-year
Certificate of Compliance.
• For any inspected rental building that is found to have 5 or less violations, that are
corrected within 30 days in any one unit, the building shall receive a 4- year Certificate of
Compliance.
• For any inspected rental building found to have 6 – 10 violations that are corrected within
30 days in any one unit, the building shall receive a 3-year Certificate of Compliance.
• For any inspected rental building with greater than 10 violations that are corrected
between 31-90 days in any one unit, the building shall receive a 2-year Certificate of
• Compliance.
• For any inspected rental building found to have 11 violations or greater that are corrected
within 30 days in any one unit, the building shall receive a 1-year Certificate of
Compliance.
• All Short-term rental units shall be inspected annually unless during the inspection no
violations are found, and then a two-year Certificate of Compliance will be awarded.
• All violations shall be corrected within 90 days of initial inspection. If the violations are
not corrected, the unit shall be considered out of compliance, and the property owner is
subject to all penalties found in the ordinance on rental registry.
1
DEPARTMENT OF TAXES DEPARTMENT OF HEALTH DIVISION OF FIRE SAFETY
Contact Information
Department of Health: 802-863- 7221
Division of Fire Safety: 802 479-7561
Instructions
The short term rental operator shall post within the unit a telephone number for the
persons responsible for the unit and the contact information for the Vermont
Department of Health and the Vermont Division of Fire Safety. This form shall be
completed by the short-term rental operator and retained on site.
The form need not be filed with the department.
SHORT TERM RENTAL OPERATOR INFORMATION
Operator(s) Name (Print): Number of Rooms Rented:
Physical 911 Address of Property:
Type of Heating System:
Mailing Address:
Public or Private Water:
Cell phone number: E- Mail: Tax Account Number:
Division of Fire Safety General Checklist (www.firesafety.vermont.gov)
Smoke and carbon monoxide alarms are provided in accordance with the attached fire safety info sheet.
GFI Outlets are provided in locations identified on the attached fire safety info sheet.
Every sleeping room is provided with a secondary means of escape (see attached fire safety info sheet).
Heating systems (fuel and wood) have been inspected by a certified fuel service technician (see info sheet).
Landings, decks, porches and balconies higher than 30 inches from grade are provided with guards and rails.
Stairs must be provided with graspable handrails (see attached fire safety info sheet).
Health Department General Checklist (www.healthvermont.gov)
Appliances are operational and in good repair and hot and cold potable water have been supplied.
Guest rooms have been serviced and cleaned before each new guest.
Refuse containers are available and emptied at least once each week or more frequently, if necessary.
Swimming pools, recreational water facilities, and hot tubs are kept sanitary and in good repair.
Sewage system and toilets function and are in good repair.
Toxic cleaning supplies are properly labeled, safely stored and used according to the manufacturer’s directions.
Guest rooms are free of any evidence of insects, rodents, and other pests.
Tax Department General Checklist (www.tax.vermont.gov)
Meals and rooms taxes are filed and paid by a third party. I do not need a Vermont tax account.
Meals and rooms taxes are NOT filed and paid by a third party. I have a Vermont tax account.
The Vermont Meals and Rooms Tax license is displayed in each rental unit.
My income from these activities is included on my income tax return.
I file and pay Vermont Sales Tax for any tangible items I sell.
Signature of Short Term Rental Operator Date
Short Term Rental Safety, Health and Financial Obligations
August 2018
Smoke Alarms
Photoelectric type smoke alarms are
required in the immediate vicinity of sleeping
rooms, inside each sleeping room, and on all
floor levels including the basement. All
newly installed smoke alarms must be hard
wired into the buildings electrical system.
Smoke alarms in sleeping rooms of buildings
constructed prior to 1994, may be of the 10-
year photoelectric lithium powered tamper
resistant type.
Carbon Monoxide Alarms
Outside each sleeping area in the immediate
vicinity of the bedrooms. An additional
detector shall be installed in each sleeping
room that contains a fuel- burning appliance.
Carbon Monoxide alarms installed or
replaced in a dwelling after July 1, 2005
must be directly wired to the building
electrical service and have a battery backup.
Existing One and Two family dwellings
constructed prior to July 1, 2005 may use
plug in style alarm with battery backup or
battery power or you may hardwire.
Guard and Handrails
Landings, decks, porches or platforms more than
30 inches of grade must be provided with guards
and intermediate rails spaced no more than 4
inches apart.
Graspable handrails must be provided on all
stairs.
Electrical Safety:
Ground Fault Current Interrupters (GFCI) are
required in the following areas;
Bathrooms, garages and accessory
buildings having a floor located at or below
grade level, not intended as a habitable
room and limited to storage. Work areas,
outdoors, crawl spaces, unfinished portions
or areas of the basement not intended as a
habitable room. Kitchen, where the
receptacles are installed to serve
countertop surfaces and sinks and where
the receptacles are installed within 6ft from
the top inside edge of the bowl of the sink.
Boathouses and bathtubs or shower stalls,
where receptacles are installed within 6ft of
the outside edge of the bathtub or shower
stall and laundry areas.
Secondary Means of Escape from Sleeping
Rooms
Every sleeping room must be provided with
a primary and secondary means of escape.
A window meeting rescue and ventilation
requirements can satisfy the secondary
means of escape.
Heating System Safety
Oil, gas, wood, wood pellet and kerosene
fuel fired heating systems shall be cleaned
and maintained in accordance with
manufacturer’s installation instructions and
shall be inspected at least once during any
2-year period by a certified fuel service
technician or Chimney sweep in the case
of solid fuels.
Fire Safety Considerations for Short-Term Rental Operators
For additional details and information, visit the Code Information & Hot Topic Fire Safety Sheet section of our web page.
https://firesafety.vermont.gov/buildingcode/codesheets
For detailed information on providing and maintaining a safe short‐term rental, please visit our home page
www.firesafety.vermont.gov
45 State Drive Waterbury, VT 05671 . firesafety.vermont.gov 802‐479‐7561
2
MEMORANDUM
TO: Jessie Baker, City Manager & South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
Kelsey Peterson, City Planner
SUBJECT: LDR Amendment #LDR-22-09 post-hearing change
DATE: April 3, 2023 City Council meeting
At your last meeting, the Council held a public hearing on a series of minor amendments to the Land
Development Regulations that would adjust the Environmental Protection Standards adopted in 2022.
Following the hearing, staff was directed to prepare a change that would enable some addition flexibility to
allow for modifications and land activities within previously-impacted class II wetland buffers. A provision
already exists but was identified as being too narrow.
The proposed change is as follows:
Key to changes:
Red underline/strikethrough – proposed amendments from current adopted LDRs.
Yellow Highlight – proposed changes made 4/3/2023
12.06 Wetland Protection Standards
…
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 gardens, landscaped areas/lawns, public infrastructure, structures, and
impervious surfaces within a Class II wetland buffer in any zoning district if,
i. The total area within the wetland buffer resulting in a naturally vegetated condition within the
wetland buffer is increased provided the relocated area is of equal or smaller size.
ii. The applicant submits an evidence-based professional opinion by a wetland scientist that the re-
development will have a net positive effect on the health and functioning of the wetland.
(c) Installation of low-impact development stormwater practices consistent with wetland functions and
plantings with a Class II or Class III wetland buffer.
3
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer within
all zoning districts.
(2) Modification Review Process. Modification requests shall be reviewed as follows:
(a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to
review and approve all modification applications as a part of an administrative Site Plan application.
(b) In all other zoning districts, the Development Review Board shall have the authority to review and
approve all modification applications.
(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.
Council Possible Action:
The full set of amendments, including the highlighted changes above, are included in the enclosed documents.
The Council may discuss these (and any other) possible changes. If the Council elects to make these changes, it
may do so by warning a new public hearing on the revised amendments. A copy of revised amendments would
then be provided to the Planning Commission for them to review and update their Report and to the City Clerk.
Possible motion: “I move to accept the changes to #LDR-22-09 as presented and to warn a public hearing on
the revised draft amendment for May 1, 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;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one
category is designated as Buildable Area, and the allotment of thirty (30) percent of the total
parcel area has not been reached, then land from the next category shall be selected.
(b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area pursuant
to the priority order above is in conflict with the purposes of this section, or where it finds that
strict adherence to the priority order does not allow for a unified PUD consistent with the
purposes or intent of these regulations, it may approve modifications to the land selected. Any
such modifications shall be minimized in terms of land area and changes to, or reordering, the
priority order.
(c) Any land excluded from Habitat Blocks regulated under this subsection and redesignated as
Buildable Area shall remain subject to all other provisions of these Regulations.
F. Standards for Habitat Block Protection.
1) General standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below,
approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance with Section
12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated
condition. Specifically:
a) The clearing of trees and understory vegetation is prohibited except as specified in this section.
b) The creation of new lawn areas is prohibited.
c) Snow storage areas are prohibited.
d) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building envelopes
shall not contain any land located within Habitat Blocks.
e) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
G. Exempted Uses and Activities. The following uses and activities are exempt from review under this
section:
(1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or
their width prior to adoption of these regulations, whichever is greater;
(2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing
an imminent threat to buildings or infrastructure; and,
(3) Uses and activities enumerated in Section 12.01(C).
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the
Habitat Block and Habitat Connector Overlay Districts Map.
H. Development within Habitat Blocks. The encroachment of new development activities into, and
the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited.
However, the DRB may allow the following types of development within a Habitat Block pursuant to the
standards contained herein:
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
a) The facility shall be strictly limited to the minimum width necessary to function for its intended
purposes;
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South Burlington Land Development Regulations
b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width
necessary for the facility to function for its intended purposes (street tree requirements shall not
apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet
State or Federal law; and,
c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or
elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts.
(2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use are
located outside the Habitat Block.
a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All such
structures must be consistent with the adopted management plan for the park, if one exists.
(3) Research and educational activities, provided any building or structure (including parking and driveways)
appurtenant to such use is located outside the Habitat Block.
a) Research and educational structures not exceeding 500 square feet gross floor area, such as seating
areas made of natural materials, storage sheds, or climbing structures, may be allowed within a
Habitat Block.
I. Habitat Block and Habitat Connector Overlay Districts Map. The approval of a modification
of a Habitat Block pursuant to Section 12.04D, above, or of the exclusion of an area of land from a Habitat
Block pursuant to Section 12.04E, above, shall, without further action, revise the Habitat Block and Habitat
Connector Overlay Districts Map accordingly. After the effective date of these regulations, the Habitat Block
and Habitat Connector Overlay Districts Map may be revised only once for each Substantially-Habitat Block-
Covered lot from which a portion of the land within the Habitat Block has been excluded.
J. Habitat and Disturbance Assessment (HDA)
(1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant
wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject
properties with Habitat Blocks and Habitat Connectors (Section 12.04 and Section 12.05) where an
applicant is seeking to relocate and/or redesignate a portion of the Habitat Block or Habitat Connector.
(2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract
with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development
Review Board shall include the following information:
(a) Site Conditions Map including all Habitat Blocks and Habitat Connectors on or within 200 feet of
the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an
inventory of the specific habitat types found on the parcel and their relative importance to the
various wildlife species that rely on that habitat for one or more life-cycle function;
(c) An assessment of the relationship of the habitat found on the site relative to other significant
wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity
between mapped habitat blocks; is the parcel located contiguous to other significant wildlife
habitat, or part of a habitat block);
(d) Identification of the distance of all proposed development activities (as permitted), including
clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife
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South Burlington Land Development Regulations
habitat and, if significant wildlife habitat is proposed to be disturbed, the total area of disturbance
and the total area of the remaining (undisturbed) habitat;
(e) An assessment of the likely impact of the proposed development, including associated activities
(e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting,
introduction of non-native species for landscaping) on the ecological function of the significant
wildlife habitat found on the site. This shall include an assessment of whether travel between
Core Habitat Block Areas will be disrupted; and
(f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or minimize the
proposed development’s impact on the habitat, including buffers of or from habitat for specific
identified species, possible replacement or provisions for substitute habitats that serve a
comparable ecological function to the impacted habitat, and/or physical design elements to
incorporate into the project.
12.05 Habitat Connector Overlay District
A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors,
allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other
natural resources within and adjacent to the City.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Connectors” on
the Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) Lots of less than one (1) acre existing as of the effective date of these Regulations.
(2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of
the effective date of these regulations.
C. Standards for Protection of Habitat Connectors.
(1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector
Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally
vegetated condition.
(2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat Connector
may be used to count towards the required 150-foot width of the Habitat Connector.
(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
(4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from
its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must
connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be
accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect,
professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan
of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation
supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must
design the relocated Habitat Connector to support the movement of mammal species such as fisher,
bobcat, river otter, mink and coyote within a period of ten (10) years.
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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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
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 gardens, landscaped areas/lawns, public infrastructure,
structures, and impervious surfaces within a Class II wetland buffer in any zoning district if,
i. The total area within the wetland buffer resulting in a naturally vegetated condition within the
wetland buffer is increased provided the relocated area is of equal or smaller size.
ii. The applicant submits an evidence-based professional opinion by a wetland scientist that the
re-development will have a net positive effect on the health and functioning of the wetland.
(b)(c) Installation of low-impact development stormwater practices consistent with wetland
functions and plantings with a Class II or Class III wetland buffer.
(c)(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer
within all zoning districts.
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South Burlington Land Development Regulations
(2) Modification Review Process. Modification requests shall be reviewed as follows:
(a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to
review and approve all modification applications as a part of an administrative Site Plan
application.
(b) In all other zoning districts, the Development Review Board shall have the authority to review and
approve all modification applications.
(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).
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South Burlington Land Development Regulations
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F. District General Provisions.
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying
district, or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the
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
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South Burlington Land Development Regulations
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District. The following types of development are prohibited in
the RCO District:
(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
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South Burlington Land Development Regulations
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by
the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture,
Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm
structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall
contain a sketch of the proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A.
§ 248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance
with 24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to
exceed ten (10) feet in width.
(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
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South Burlington Land Development Regulations
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of
30 days from the date the application was mailed to the Vermont Agency of Natural Resources,
whichever is sooner.
I. Development Standards. The criteria below are the minimum standards for development in the RCO
District.
(1) New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.
(2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an
undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally
prohibited. This standard also does not apply to forestry operations or silvicultural (forestry)
activities exempt from local zoning regulation or the removal of trees that are dead, diseased,
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;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure; and,
(d) The facility shall comply with Section 12.07(I)(5).
(4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of
the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
landscaping along the border of the River Corridor. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(5) All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed development
will not be any closer to the river than existing adjacent development.
(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
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
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
Figure 2: Shadow Area Development Standard
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South Burlington Land Development Regulations
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
12.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the general
public and promote the public trust uses of the water shall include a condition prohibiting the permittee
from actively managing the applicable section of river solely to protect the public water access from lateral
river channel adjustment.
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage
for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
12.08 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax
base, and the extraordinary public expenditures and demands on public services that result from flooding;
(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-
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South Burlington Land Development Regulations
30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and as depicted on the Natural
Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1
is composed of areas of the 500-year floodplain that are already substantially developed and
where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.
(2) Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer.
If the applicant disagrees with the determination made by the Administrative Officer, a Letter
of Map Amendment from FEMA shall constitute proof that the property is not located within
the Special Flood Hazard Area.
b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative Officer,
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.
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South Burlington Land Development Regulations
(6) Exempted Development. The following types of development are exempt from Floodplain Review.
The following types of development may also still be subject to other standards in the South Burlington
Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be aware
that for damaged structures where FEMA mitigation funds may be used, the damaged
structure may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or
undertaken to conserve the original condition, while compensating for normal wear and tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection
Rule, Chapter 29):
i. State-owned and operated institutions and facilities.
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
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South Burlington Land Development Regulations
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
(2) Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain
of the Winooski River:
i. New, substantially improved, or substantially damaged structures;
ii. Projects requiring elevation or dry-floodproofing above BFE;
iii. Additions to existing historic structures; and
iv. Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
(b) Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by
FEMA, but no floodway areas have been designated, the applicant shall provide a
floodway delineation that demonstrates that the proposed development, when
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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation. A permit may be issued only following receipt of
comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from
the date the application was mailed to the Vermont Agency of Natural Resources, whichever
is sooner.
(2) Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
i. Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
ii. Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(3) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued
for development meeting the standards in Section 12.08(G) and the following the review process
outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all
application materials and fees, the Administrative Officer shall act to either issue or deny a
permit in writing, or to refer the application to the Development Review Board. If the
Administrative Officer fails to act with regard to a complete application for a permit within
the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for
new construction or substantial improvement, in which case a permit shall not be issued until
the Administrative Officer has complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure which
requires the approval of the Development Review Board until such approval has been
obtained. For permit applications that must be referred to a state agency for review, no
permit shall be issued until a response has been received from the State, or the expiration of
30 days following the submission of the application to the State, whichever is sooner.
G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to
ensure that it complies with the following standards:
(1) Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
(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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
ii. New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b) For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with standard
engineering practice, by a registered professional engineer, and shall certify that the proposed
development will:
i. Not result in any increase in flood levels during the occurrence of the base flood;
ii. Not increase base flood velocities; and
iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c) For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
(d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.
(3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
(a) All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
(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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
above base flood elevation; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate.
b) Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall
be located such that the lowest floor is at least two (2) feet above the average grade
level on-site; this must be documented, in the proposed and as-built condition, with a
FEMA Elevation Certificate. Average grade level means the average of the natural or
exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii. Non-residential Structures. Non-residential structures to be substantially improved, and
new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet
the following standards:
a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
b) Have the lowest floor, including basement, together with attendant utility and sanitary
facilities be designed so that two (2) feet above the base flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
submitted and a licensed professional engineer or architect has certified that the
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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
at any point within the community. The demonstration must be supported by technical data that
conforms to standard hydraulic engineering principles and certified by a licensed professional
engineer.
(k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use.
(l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of
500 square feet or less in gross floor area that represents a minimal investment need not be
elevated to the base flood elevation in this area, provided the structure is placed on a site so as
to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of
12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay
District.
(m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the
definition of substantial damage shall be constructed so that the lowest floor, including
basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade
level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2,
or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1-
30. A critical facility shall have at least one access road connected to land outside the 0.2% annual
chance floodplain that is capable of accommodating emergency services vehicles. The top of the
access road shall be no lower than the elevation of the 0.2% annual chance flood event.
(n) Historic Structures. For historic structures that would meet the definition of substantial
improvement or substantial damage if not for their historic structure designation, the improved
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:
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
i. The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
ii. The improvement will not increase the potential for erosion.
iii. The project will not have an undue adverse effect on the aesthetic integrity of the
lakeshore.
iv. The project shall preserve, maintain and supplement existing trees and ground cover
vegetation to the greatest extent possible.
(4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these
additional standards:
a. All land lying within a River Corridor as defined in these regulations is subject to the standards
of Section 12.07 in addition to the standards of this section.
H. Nonconforming Structures.
(1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or
destroyed may be reconstructed in its original location only if it is rebuilt to comply with all
requirements of the National Flood Insurance Program and these regulations;
(2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are
discontinued for more than 6 months. An abandoned structure shall not be permitted for re-
occupancy unless brought into compliance with these regulations and Section 3.11(G). An abandoned
use shall not be permitted unless brought into compliance with these regulations.
I. Variances.
(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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(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.
14-1
South Burlington Land Development Regulations
14 SITE PLAN and CONDITIONAL USE REVIEW
…
14.04 Authority for Review of Site Plans
…
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
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.
14-2
South Burlington Land Development Regulations
(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
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.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: March 30, 2023
Re: Request for use of Fund Balance – School Safety
Crossing Guard Financial Support in City Center: In our ongoing conversations with Superintendent Nichols and
her Team, they have requested that we financially support one crossing guard at Rick Marcotte Central School
for the remainder of the 2022‐2023 school year. The School District has calculated this maximum FY23 financial
request as follows:
4 hours/day x 49 days = 196 hours
Paygrade 7, step 5 = $17.18
196 hours X $17.18/hour = $3,367.28
FICA (7.65%): $257.60
Benefits (estimate for family): $26,179 for entire year estimate, $4,300 for two months
Estimated total cost to employer: $7,925
The School District will invoice us for the exact amount needed no later than June 20, 2023.
It is anticipated that the School Superintendent and School Board may request this funding continue throughout
the 2023‐2024 school year for an additional request of $43,184. This request may come to the Council over the
spring or summer.
Speed Signage at Gertrude Chamberlin School: Last Fall the Council approved establishing a School Zone near
Chamberlin school. During the FY24 budget process it was discussed that funding for blinking speed radar signs
would be discussed as part of the FY23 surplus discussions. At this point, we recommend assigning up to
$23,000 from Fund Balance now to place the order for this signage. Our hope is that this would enable us to
install the blinking speed radar signs no later than the start of school next Fall – and hopefully much earlier
pending supply arrival.
Fund Balance: If this aggregate $30,925 is approved and allocated from Fund Balance, the unassigned General
Fund Fund Balance would be $2,586,871.25 or 9.09% of our operating budget. As a reminder, the City Policy
states:
It is the intent of the City to maintain a minimum balance of one month, 8.33%, of operating
expenditures. The targeted balance is 2 months or 16.66%, and the maximum balance is not to exceed
25% of the operating expenditures…The City Council may recommend transfers to the City that would
reduce the balance below 25%, but no transfers shall be made that would reduce the balance to less
than 8.33%.
Recommended Action: Approve the use of up to $30,925 in General Fund Fund Balance to support one crossing
guard at the Rick Marcotte Central School for the remainder of the 2022‐2023 school year and purchase a speed
radar sign at the Gertrude Chamberlin school zone.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: March 30, 2023
Re: Council Liaison Appointments: 2023 – 2024
On May 2, 2022, the Council approved a set of “Bylaws for Committees Established by the South Burlington City
Council.” These included appointing Council Liaisons to each Policy Advisory Committee and Task Force. As adopted,
Council Liaisons shall:
Be appointed by a majority vote of the Council to each Policy Advisory Committee and Task Force
established by the Council
o The only Statutory Committee supported by a Council Liaison is the Planning Commission for which
the Council Chair will always serve as the Council Liaison
Not vote as part of the public body unless specifically appointed with that ability
Work with the Staff Liaison and Chair to guide the body’s work to ensure it is aligned with the Council policy
goals and aligned to the annual Policy Priorities & Strategies
Support the Chair in bringing items of the Committee to the Council
The Council Liaisons are not expected to attend every public meeting. However, to the extent they do, they
are tasked with speaking on behalf of the Council and providing direction in accordance with Council
approved direction.
Committee Meeting times Staff Liaison 2022 Council
Liaisons
2023 Council
Liaisons
Affordable Housing 3rd Wednesday at 6:00 Jessie Meaghan
Bicycle & Pedestrian 2nd Wednesday at 5:30 Erica Matt
City Charter 2nd Wednesday at 4:00 Jessie/Colin Meaghan
Common Area for Dogs 2nd Tuesday at 6:00 Holly Matt
Economic Development 2nd Tuesday at 5:30 Jessie Tim
Energy 2nd Wednesday at 6:30 Ilona/Lou Tim
Housing Trust Fund As needed ‐ annually Jessie Meaghan
Natural Resource & Conservation 1st Wednesday at 6:00 Dave Helen
Pension Advisory Quarterly, Tuesdays at 2:00 Martha Tim
Planning Commission 2nd and 4th Tuesdays at 7:00 Paul Helen Helen
Public Art 3rd Tuesday at 6:30 Ilona Matt
Recreation & Park 2nd Monday at 5:00 Holly Tom
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Other Appointments (with Councilors currently serving)
Organization 2022 Council
Liaisons
2023 Council
Liaisons
Notes
Airport Commission Helen
Town Meeting TV Trustees Helen
Chittenden County Regional Planning
Commission
Chris Shaw and
Meaghan
Annual appointments by fiscal
year
Green Mountain Transit Matt and Tim
180 Market St South Burlington, VT 05403 802-846-4105
April 3, 2023
The following 2023 first, second, and third class liquor licenses, outside consumption and entertainment permits were approved by the South Burlington Liquor Control Board on April 3, 2023 after review by the City tax, fire and police departments:
NAME DESCRIPTION 802Cocktails, LLC First & Third Class Commercial Caterer Always Full Asian Market Second Class License Applebee’s First & Third Class Restaurant/Bar
Barnyard First & Third Class Restaurant/Bar & Outside entertainment permit Bueno Y Sano First Class Restaurant/Bar Catering by Dale/Copper at Dorset First & Third Class Restaurant/Bar & First Class Commercial Caterer
Cheese & Wine Traders Second Class License Club35 First & Third Class Club Double Tree by Hilton First & Third Class Hotel, Second Class Eagles #793 First & Third Class Club & Outside Consumption Eco Bean and Greens First Class Restaurant/Bar
Healthy Living Market & Café Second Class License Higher Ground First Class Club Jiffy Mart #145 Second Class License Klinger’s Bread Second Class License Marco’s Pizza First Class Restaurant/Bar
Mill Market & Deli Second Class License Moe’s Southwest Grill 1st Class Restaurant/Bar & Outside Consumption permit Moose Lodge #1618 First & Third Class Club, annual Entertainment Permit Old Post, The Entertainment permit - annual
Rotisserie First & Third Class Restaurant/Bar & Outside
Consumption Target Store #T-3306 Second Class License Trader Joes #527 Second Class License Vermont National Country Club (2) First Class Restaurant/Bar, Third Class & Second
Class
Waffle Chalet First Class Restaurant/Bar Walgreen’s Second Class License Zachary’s Pizza First Class Restaurant/Bar Zen Garden First & Third Class Restaurant/Bar
180 Market St South Burlington, VT 05403 802-846-4105
SOUTH BURLINGTON LIQUOR CONTROL BOARD
Helen Riehle Meagan Emery
Tim Barritt Tyler Barnes
Andrew Chalnick