HomeMy WebLinkAboutAgenda - Planning Commission - 12/08/2020South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, December 8, 2020
7:00 pm
IMPORTANT:
This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and
members of the public are invited to participate either by interactive online meeting or by telephone.
There will be no physical site at which to attend the meeting.
Participation Options:
Interactive Online Meeting (audio & video): https://www.gotomeet.me/SBCity/pc-2020-12-08
Telephone (audio only): (872) 240-3412 Access Code: 654-291-197
AGENDA:
1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:10 pm)
4. *Review Draft Amendments to the Land Development Regulations: (7:15 pm)
a. Revised Flood Hazard Overlay District, including floodway, 100-year floodplains, and 500-year
floodplains (7:15 pm)
b. Updated Environmental Protection Standards: Rivers & Streams, Wetlands, Stormwater, Rare,
Threatened & Endangered Species, Habitat Blocks, Habitat Connectors, Steep Slopes (7:40 pm)
5. *Discuss candidate projects for FY 2022 Chittenden County Regional Planning Commission Unified
Planning Work Program (UPWP) requests; possible recommendation to City Council (8:25 pm)
6. Swift/Spear intersection scoping study, possible appointment of Commissioner to Project Team (8:35 pm)
7. Commission discussion of communications & outreach (8:42 pm)
8. *Minutes: November 24, 2020 (8:58 pm)
9. Other Business: meeting schedule (8:59 pm)
10. Adjourn (9:02 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
South Burlington Planning Commission Meeting Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings
to ensure that everyone has a chance to speak and that meetings proceed smoothly.
2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to
engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an
item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try
to call on each participant in sequence.
3. Once recognized by the Chair, please identify yourself to the Commission.
4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making
sure everyone is heard and sufficient time is available for Commission to conduct business items.
5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the
Community Room is available should people wish to chat more fully.
6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not
interrupt others when they are speaking.
7. Make every effort not to repeat the points made by others.
8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before
speakers address the Commission for a second time.
9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning
Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters.
Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to
explore an issue, provide input and sway public opinion on the matter.
10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All
written comments will be circulation to the Planning Commission and kept as part of the City Planner's official
records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be
included in the record.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: December 8, 2020 Planning Commission meeting
1. Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:10 pm)
Staff Report:
• The City Council has scheduled a public hearing on the draft Land Development Regulation
amendments for December 7th, at 7:30 pm.
• Jessica Louisos will be making a presentation to the City Council about the Habitat Block and other
natural resources work that the Commission has been working on, also at the December 7th meeting.
• Staff met with the Natural Resources Conservation Committee on Wednesday December 2nd to provide
them with an overview of the components of the Environmental Protection Standards in the LDRs.
• Staff, several members of the Affordable Housing Committee, and two Councilors attended a Housing
Convening for Chittenden County cities and towns hosted by the CCRPC this past week. The Vermont
Housing Finance Agency provided an excellent presentation of housing needs across the State in the
coming five years. Here are links to key documents shared in the presentation:
o Presentation Slides of VT Housing Needs Assessment, 2020-2024
• Full Housing VT Needs Assessment, 2020-2024
o Analysis of Vermont Affordable Rental Housing Development Cost Factors
o VT Housing-ready toolbox: a guide for local decision-makers and community members
4. *Review Draft Amendments to the Land Development Regulations: (7:15 pm)
a. Revised Flood Hazard Overlay District, including floodway, 100-year floodplains, and 500-year
floodplains (7:15 pm)
See attached draft. Taylor Newton, Senior Planner with the Chittenden County Regional Planning
Commission and a Certified Floodplain Manager, has assisted in these amendments and will be in
attendance to discuss the draft and respond to Commissioner questions.
b. Updated Environmental Protection Standards: Rivers & Streams, Wetlands, Stormwater, Rare,
Threatened & Endangered Species, Habitat Blocks, Habitat Connectors, Steep Slopes (7:40 pm)
See enclosed draft updates incorporating Commission guidance from the past couple of months.
2
5. *Discuss candidate projects for FY 2022 Chittenden County Regional Planning Commission Unified
Planning Work Program (UPWP) requests; possible recommendation to City Council (8:25 pm)
See enclosed memo.
6. Swift/Spear intersection scoping study, possible appointment of Commissioner to Project Team (8:35 pm)
Last year, the Planning Commission and City Council submitted a Unified Planning Work Program (UPWP)
funding request to the CCRPC to evaluate options for making improvements to 1-2 key intersections in the
City. After review, staff selected the intersection of Swift and Spear as being ripe for such a review.
Also in the past year we have developed a more clear protocol for undertaking new scoping studies. The
protocol begins with selection a “host” public body. The public body is selected based on the project type
and conferring with the Chair. That public body is then responsible for review and approves the Purpose and
Need Statement (if applicable), hosting at least public meeting, receiving the final report, and, as applicable,
making a recommendation to Council on a preferred alternative. The host public body may also opt to
appoint a member to the Project Team (otherwise comprised of staff, CCRPC staff, and the consultant).
After discussion, staff from P&Z and Public Works agreed that the Planning Commission would be best
suited to host this project, as it involves multiple forms of transportation and relates to land use as well.
Jessica concurred. The project is slated to get underway in early 2021. The Project Team is likely to meet 3-4
times throughout the project to provide direction to the consultant.
7. Commission discussion of communications & outreach (8:42 pm)
At your last meeting, you asked for some time to discuss possible outreach strategies, including
communicating with the Other Paper’s editor about a column from the Commission from time to time.
8. *Minutes: November 28, 2020 (8:58 pm)
9. Other Business: meeting schedule (8:59 pm)
Commission to determine whether to hold a special meeting. Your next regular meeting is scheduled for the
second Tuesday in January. That would be January 12, 2021.
10. Adjourn (8:50 pm)
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Floodplain Standards (100-yr and 500-yr), updated Environmental Protection Standards
DATE: December 8, 2020 Planning Commission meeting
Enclosed with your packet this week are two updated chapters to the Land Development Regulations.
1. Floodplain Overlay District (Section 10.01)
Staff has worked with Taylor Newton, Senior Planner with the Chittenden County Regional Planning
Commission and Certified Floodplain Manager to revise the draft regulations.
Mapping: Here is a link to the 100-year and 500-year floodplain map. Once the Commission is
comfortable with the mapping, we will ask CCRPC staff to prepare a clean, PDF version. Reminder: Pink
are [non-floodplain] Hazards, Orange is the 100-year floodplain, and Blue is the 500-year floodplain. The
500-year floodplain’s two sub-zones are shown as boxes. Blue boxes are B1 (built-up areas) and Red
Boxes are B2 (unbuilt areas).
The enclosed draft is shown as a complete replacement of the existing text (hence no underlines,
strikethroughs etc.). This was done to align the text with the State’s model bylaws, which have been
updated since the Commission’s last update to this chapter in 2011. Most of this is simply reorganization.
Where significant policy changes are proposed, they are called out in the comments on the right side of
the page.
Taylor will attend the meeting to highlight key revisions and respond to Commissioners’ questions.
Generally, the revisions address the following:
• Refine text for the 500-year floodplain per the Commission’s guidance last month. As a
reminder, the Commission has established two subzones (now named B1 and B2). B1 zones
are in established built environments, and B2 zones are undeveloped areas. Per Commission
guidance, new building are permitted
• Allow very small accessory structures in the B1 zone to be installed without raising above
flood elevation
• Account for how to measure the “Base Flood Elevation” in areas of the 500-year floodplain
where FEMA has not established these
• Include standards exempted activities in 100-year and 500-year floodplain areas, per model
bylaw (examples, maintenance of sidewalks, removal of structures, repainting etc.)
2
• Add language related to historic structures from model bylaw. Staff is not aware of any
historic structures presently located in the district, but existing structures can gain eligibility
over time.
2. Environmental Protection Standards (Article 12)
Enclosed is an updated draft based on Commission review/direction on the prior draft from May.
Substantive changes have been noted in the comments. For ease of reading, the version shown in the
packet is a “clean version” with strikethroughs and underlines removed. A redline version is posted to the
City’s website.
In addition, Commissioner Mittag provided comments / proposed revisions to the (prior version) of the
draft with a series of recommendations for the Commission to consider. Commission Mittag’s markups
have also been posted to the website. Staff encourages Commissioners to review. If others also provide
comments or mark-ups prior to the meeting, staff will make these available for all.
Mapping: Here is a link to two maps of the proposed Environmental Protection Standards, one showing
Hazards and Level I resources (plus the NRP), the other adding Level 2 resources. Staff left out the Rare,
Threatened, and Endangered Species from this map as they are large circles that clutter the map. Also
note that as of the writing of this, we had not yet broken out the 0.2% floodplains into their two
subzones. They are both shown as Level II on this map. See the map on page 1 of this memo for the 2
different sub-zones.
Principal changes since prior draft (May 26, 2020):
• Updated table to indicate hazards, level I resources and Level II resources per Commission
direction. Specific language regarding how each resource would be addressed in a subdivision
wud be contained within the subdivision chapter.
• Stream buffers: added 0.2% Floodplain B2 area as being required to meet these standards
• Habitat Blocks: General revisions based on Commission guidance. Allowable modifications to the
boundaries, per the Commission’s 11/24 discussion, are incorporated.
For Commission discussion: This section includes provisions for regulating a property that is
substantially covered by Habitat Blocks. This section may be somewhat confusing to users,
whether as a Conservation PUD or below the threshold available for one, as allowance for
“removal” of a portion of Habitat Block may be a little bit counterintuitive. It may be a worthwhile
exercise for the Commission to re-examine a map of all parcels that are more than 70% covered
by Habitat Blocks & Connectors (with the Commission having adjusted the boundaries of the
Habitat Blocks on 10/13). If there are only a handful, the Commission could consider addressing
these parcels up front as policy rather than through the Development Review process. Under this
option, the Habitat Blocks (and Connectors) could possibly be re-labelled as an “overlay district”
within the regulations and be more clear to users. If Commissioners would like to pursue this
option, we can work with CCRPC staff to prepare a map of relevant parcels.
• Stormwater: DPW and P&Z staff are reviewing how amendments to an existing Planned Unit
Development should be considered under the stormwater standards, to provide as much clarity
to applicants as possible.
3
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 1
10 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO, RCO
10.01 Flood Plain Overlay District
10.02 Traffic Overlay District
10.03 Scenic View Protection Overlay District
10.04 Interstate Highway Overlay District
10.05 Transit Overlay District
10.06 Urban Design Overlay District
10.07 River Corridor Overlay District
NOTE TO USERS: SECTION 10.01 [FLOODPLAIN] IS DRAFTED AS A COMPL ETE REPLACEMENT
OF THE EXISTING 10.01. TEXT THAT IS SUBSTANTIVELY DIFFERENT IS CALLED OUT AS SUCH
IN THE COMMENTS ON THE RIGHT SIDE OF THE PAGE.
10.01 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 above referenced studies and
Commented [TN1]: This is a type of review
separate from Conditional Use Review or Site Plan
Review. CCRPC finds that this approach is enabled
in 24 V.S.A. 4411(b)(3)(G) and 4414. This is a change
from the current standards which requires
Conditional Use Review for almost all development
in the Floodplain Overlay District.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 2
maps as Zones A, AE, or A1‐30.
b. Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the above referenced studies and
maps as Zone 0.2%. 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), 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 the Floodplain Overlay District where base flood elevations and floodway limits have not
been provided by the National Flood Insurance Program (i.e. Zone A) 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.
Commented [TN2]: Review to confirm this is an
accurate description or if more refinement is
needed. Add to purpose statement for district if OK.
Commented [TN3]: Is this appeal process
appropriate?
Commented [TN4]: As written, this would not
apply to Zone 0.2% B1 and Zone 0.2% B2 because
BFE is not necessary in any of the applicable
regulations.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 3
5. Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations.
Where these regulations imposes a greater restriction the provisions here shall take precedence.
6. Exempted Development. The following types of development are exempt from Floodplain
Review. The following types of development may also still be subject to other standards in the
South Burlington Land Development Regulations including Section 12.01 General Stream and
Surface Water Protection Standards:
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
Commented [PC5]: This section is new and
clarifies activities that are exempt from review
under FloodPlain Standards.
Commented [TN6]: Made clear that the list is
only exemptions from the receiving Floodplain
Review.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 4
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.
v. Telecommunications facilities regulated under 30 V.S.A. § 248a
i. 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 p roposed drainage, any proposed
fill, pre‐ and post‐development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps; and
b. Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
2. Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
a. Base Flood Elevation (BFE). BFE information is required for applications that include the
following development:
i. Replacement, substantially improved, or substantially damaged structures located
within the Floodplain Overlay District, including Zone A, where no BFEs have been
provided;
ii. Projects requiring elevation or dry‐floodproofing above BFE;
iii. Additions to existing historic structures; and
Commented [TN7]: Changed from “Site Plan” in
the last draft to avoid confusion with actual “Site
Plan Review.”
Commented [TN8]: Does not apply to B1 or B2
based on current draft.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 5
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.
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. Development Review Process. All applications for development in the Floodplain Overlay District shall be
reviewed according to the following procedures:
1. Referrals.
a. NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
b. Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relo cation
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.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 6
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.
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 10.01(G) and the following the review process
outlined in Section 10.01(F) and Article 17.
a. Within 30 days of receipt of a complete application per Section 10.01(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
Commented [TN9]: This list is from the model
bylaw. It can be edited to meet the community’s
needs and comfort with admin review.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 7
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 10.01(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. Development 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
Commented [PC10]: Updated from current
bylaw to reflect Commission direction for 500‐year
floodplain. Current bylaw only prohibits critical
facilities within the 500‐year floodplain.
Commented [TN11]: Is this clear enough?
Commented [TN12]: Moved from another
place in the existing bylaw. This is a more
appropriate place.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 8
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
Commented [TN13]: Standards (a) through (g)
are all existing standards that have been moved.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 9
discharges from the systems into flood waters. On site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
e. Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
f. Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is above
the base flood elevation.
g. Structures.
i. Residential Structures
a) Residential structures to be substantially improved in Floodplain Overlay District Zones
A, A1‐30, AE, and AH shall be located such that the lowest floor is at least two (2) feet
above base flood elevation; this must be documented, in the proposed and as‐built
condition, with a FEMA Elevation Certificate.
b) Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall
be located such that the lowest floor is at least two (2) feet above the average grade
level on‐site; this must be documented, in the proposed and as‐built condition, with a
FEMA Elevation Certificate. Average grade level means the average of the natural or
exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii. Non‐residential Structures. Non‐residential structures to be substantially improved, and
new non‐residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet
the following standards:
a) Meet the standards in Section 10.01(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 floo d 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.
Commented [PC14]: Amended from current
regulations per PC direction to add 500 year
floodplain B1 and B2 standards
Commented [TN15]: Increasing requirement
from one (1) foot above base flood elevation.
Commented [TN16]: Above grade instead of
BFE. Note calculation. “Average grade level” should
be added to the floodplain definitions if the term is
OK with the Planning Commission.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 10
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.
i. Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully
enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and
subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a
condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such
designs must be certified by a licensed professional engineer or architect, or meet or exceed the
following minimum criteria: A minimum of two openings on two walls having a total net area of
not less than one square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
j. Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway
limits have not been determined, development shall not be permitted unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated encroachment, will not increase the base flood elevation more than one (1) foot
at any point within the community. The demonstration must be supported by technical data that
conforms to standard hydraulic engineering principles and certified by a licensed professional
engineer.
k. Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use.
l. Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of
500 square feet or less in gross floor area that represents a minimal investment need not be
elevated to the base flood elevation in this area, provided the structure is placed on a site so as
to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of
10.01(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.
Commented [TN17]: Note the prohibition on all
basements. Would apply to 500‐year floodplain as
well.
Commented [PC18]: New section for 500‐year
floodplain.
Commented [PC19]: Newly added based on
state model 11/3/2020
Commented [PC20]: Modified from 1 foot in
state model to 2 feet 11/3/2020
Commented [PC21]: Modified from “no lower
than 6 inches below”, in state model, to “no lower
than” 11/3/2020
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 11
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.
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 10.07 in addition to the standards of this section.
b. All land lying within a stream or surface water buffer, and all land within the 0.2% A Zone, is
subject to the standards of Section 12.02 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.
Commented [TN22]: New standards for historic
structures from state model bylaw.
ARTICLE 10 OVERLAY DISTRICTS DRAFT 2020‐12‐08
South Burlington Land Development Regulations 12
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:
i. All required state and federal permits that have been obtained by the applicant;
ii. All work has been completed in conformance with the zoning permit and associated approvals; and
iii. All required as‐built documentation has been submitted to the Administrative Officer (e.g. updated
FEMA Elevation Certificate, dry floodproofing certificate, as‐built volumetric analysis, or as‐built
floodway encroachment analysis).
K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action related
to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the
following procedures:
1. The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative
Officer for development that is not in conformance with this section.
2. If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a
declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood
insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as
amended.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS Draft 2020/12/08
South Burlington Land Development Regulations 1
ENVIRONMENTAL PROTECTION STANDARDS
12.01 General Protection Standards and Review Procedures
12.02 Streams and Surface Waters
12.03 Wetland Protection Standards and Review Procedures
12.04 Stormwater Management
12.04 Rare, Threatened and Endangered Species
12.05 Habitat Blocks
12.07 Habitat Connectors
12.08 Habitat and Disturbance Assessment
12.09 Steep Slopes
12.10 Restricted Infrastructure Encroachment
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 state vision of the Plan.
This Article establishes application requirements and development standards designed to minimize and avoid
adverse impacts to these resources. Specific standards related to subdivision or planned unit developments,
or for which overlay standards apply, may be found in those relevant sections and, where indicated, may
supersede provisions of this Article.
B. Classification. For the purposes of subdivision and Planned Unit Developments, resources are
grouped into Hazards, Level I and Level II resource areas.
Table 12-01 – Classification of Natural Resources
Location in
Regulations
Buildable Area Initial Identification Field Verification
/ HDA
Hazards
Floodplain (1% and 0.2% B1), Floodway 10.01 No FEMA FIRM Yes
River Corridor 10.07 No ANR Atlas Yes
Surface Waters, Buffers 12.02 No ANR Atlas Yes
Class I, II Wetlands, Buffers 12.03 No ANR Atlas Yes
Very Steep Slopes (25+%) 12.09 No ANR Atlas If impacted
RTE Species Habitat 12.04 Species Specific Site Mapping If Impacted
Level I Resources
Habitat Blocks 12.05 No City LDR Map HDA Optional
Habitat Connectors 12.06 No City LDR Map HAD Optional
Level II Resources
Floodplain (0.2% Zone B2) 10.01 Yes FEMA FIRM If Impacted
Class III Wetlands, Buffers 12.03 Yes ANR Atlas If impacted
Steep Slopes (15 to 25%) 12.09 Yes ANR Atlas If impacted
Intermittent Streams, Buffers 12.02 Yes Site Mapping If impacted
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS Draft 2020/12/08
South Burlington Land Development Regulations 2
C. Applicability of Standards. All land uses and development must comply with the provisions of this
Article, to minimize adverse impacts on ecological resources, water quality and working lands, unless explicitly
waived or amended in this section. Exemptions include:
(1) Uses and structures exempt from local regulation pursuant to 24 V.S.A. §4413.
(2) Construction of fences (i) that enclose cleared areas, such as lawn areas surrounding a residence,
provided the clearing occurred prior to [effective date of this provision] or was approved by the DRB in
accordance with this Article; or (ii) erected for standard agricultural purposes or, (iii) lower than 4 feet
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.
(3) Exemptions as specified elsewhere in these Regulations.
12.02 Streams and Surface Waters
A. Purpose. It is the purpose of this Section to provide for the protection and improvement of the surface
waters and streams within the City of South Burlington, Lake Champlain and Shelburne Bay, and the
watersheds contained wholly or partially within the City. These regulations and standards are intended to lead
to the establishment and protection of natural areas along the City’s surface waters and within the City’s
watersheds to provide improved protection for water quality and the provision of open space areas and
wildlife habitat. It is the further purpose of this Section to provide for the retention of preexisting residential
neighborhoods located along Lake Champlain and Potash Brook in a manner consistent with the resource
protection purposes of this Section
B. Applicability. The requirements of this Section will apply to all lands described as follows, collectively
referred to as Stream and Surface Water Buffers:
(1) All land within one hundred (100) feet horizontal distance from the top of bank or top of slope of
major streams, whichever is applicable given the stream’s fluvial geomorphology. Major streams are
defined as the Winooski River, Muddy Brook and the main stem of Potash Brook.
( 2) All land within fifty (50) feet horizontal distance from the top of bank or top of slope of any minor
stream, whichever is applicable given the stream’s fluvial geomorphology.
(3) 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.
(4) All land within or abutting the high-water elevation of Lake Champlain, which for the purposes of
these regulations shall be one hundred two (102) feet above mean sea level NAVD88 datum.
(5) All land within Floodplain Overlay District 0.2% Zone B1.
C. Exemptions:
(1) Establishment and upkeep of unpaved, non-mortorized trails and puncheons not to exceed ten
(10) feet in width.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS Draft 2020/12/08
South Burlington Land Development Regulations 3
D. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions
Map (as applicable to the stage of application) pursuant to Appendix F.
E. Standards. All applicable development must be designed to avoid adverse impacts to major and minor
streams and associated buffers and to minimize adverse impacts to intermittent streams and associated
buffers.
(1) General standards. It is the objective of these standards to avoid adverse impacts from
development on these resources and promote the establishment of heavily vegetated areas of native
vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, promote
carbon sequestration, and increase infiltration and base flows in the City’s streams and Lake Champlain.
Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.02(F)(2) or
(F)(3) below, all lands within a required stream buffer defined above must be left in an undisturbed,
naturally vegetated condition. Supplemental planting and landscaping with appropriate species of
vegetation to achieve these objectives will be permitted. The specific standards for the vegetation and
maintenance of stream and surface water buffers are as follows:
(a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events,
or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in
conjunction with DRB approval pursuant to (2 ) or (3 ) below.
(b) Any areas within a required stream and surface water buffer that are not vegetated or that
are disturbed during construction must be seeded with a naturalized mix of grasses rather than
standard lawn grass, and must not be mowed.
(c) The creation of new lawn areas within stream and surface water buffers is not permitted
(d) Snow storage areas designated pursuant to site plan or PUD review must not be located
within stream buffers unless the applicant can demonstrate that:
(i) There is no reasonable alternative location for snow storage on the same property.
(ii) Measures such as infiltration areas have been incorporated into the site plan and/or
stormwater treatment system to reduce the potential for erosion and contaminated runoff
entering the associated stream as a result of snow melt.
(e) The placing or storing of cut or cleared trees and other vegetation within the stream and
surface water buffer is prohibited.
(f) Suitable landscaping and fencing shall be provided to protect stream and surface water
buffers in a manner that is aesthetically compatible with the surrounding landscape. The use of split
rail or other fencing made of natural materials is encouraged where the buffer is not clearly
identifiable.
(2) Expansion of pre-existing structures. The expansion of pre-existing structures within stream and
surface water buffers will be permitted only in accordance with the standards for non-complying
structures in Article 3, Section 3.11 of these Regulations.
(3) New uses and encroachments. The encroachment of new land development activities into the
City’s stream and surface water buffers is prohibited, except as provided for in this section. The DRB may
authorize the following as conditional uses within stream buffers, subject to the standards and conditions
enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review
without a separate conditional use review.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS Draft 2020/12/08
South Burlington Land Development Regulations 4
(a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any
building or structure appurtenant to such uses is located outside the stream buffer.
(b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly
necessitated for the construction or safe operation of a permitted or conditional use on the same
property and where the DRB finds that:
(i) There is no practicable alternative to the clearing, filling or excavating within the stream
buffer; and
(ii) The purposes of this Section will be protected through erosion controls, plantings,
protection of existing vegetation, and/or other measures.
(c) Encroachments necessary to rectify a natural catastrophe for the protection of the public
health, safety and welfare.
(d) Encroachments necessary for providing for or improving public facilities.
(e) Public recreation paths located at least twenty-five (25) feet from the top of the bank or top
of slope of any stream, whichever is applicable given the stream’s fluvial geomorphology.
(f) Stormwater treatment facilities, either:
(i) meeting the Vermont Agency of Natural Resources (VANR) stormwater treatment
standards, and routine maintenance thereof, including necessary clearing of vegetation and
dredging. Evidence of a complete application to the VANR for coverage under the applicable
permitting requirements will be required to meet this criterion for encroachment into a stream
buffer, or
(ii) treating an area of land that falls below the VANR review thresholds and which are
demonstrated to only be affecting impacted buffer areas, such as approved and maintained lawn,
parking, or paved surfaces.
(g) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section
12.10 of these Regulations and the following supplemental standards:
(i) 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 12.01(B)(1) and (2) and ten (10) feet from
the edge of channel of the surface water of all other streams;
(ii) 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,
(iii) Additional mitigation such as reduction or elimination of curbing to promote wildlife
passage as applicable to the environment are strongly encouraged and may be required by the
Development Review Board.
(h) Outdoor recreation, provided any building or structure (including parking and driveways)
appurtenant to such use is located outside the stream and surface water buffer.
(i) Research and educational activities provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the stream and surface water buffer.
(j) Pedestrian / bicycle bridges intended to connect parcels and neighborhoods.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS Draft 2020/12/08
South Burlington Land Development Regulations 5
F. Watercourse Alteration and Relocation.
(1) The alteration or relocation of a watercourse is permitted subject to the approval of the
Development Review Board provided the alteration or relocation:
(a) Is needed to accomplish a clear public purpose or objective;
(b) Will not reduce the ability of the watercourse to carry or store flood waters adequately;
(c) Will not have an adverse impact on downstream or upstream water quality;
(d) Will not affect adversely the use and enjoyment of adjacent properties;
(e) Will not affect adversely the habitat value of the watercourse or immediately adjacent areas
or wetlands.
(2) In making findings relative to these criteria, the DRB will invoke technical review by a professional
in hydrology or geomorphology, or will rely on the issuance of a Stream Alteration Permit issued by the
Vermont Agency of Natural Resources as evidence that the above criteria have been met.
(3) Alteration of Intermittent Streams. Where a development will incorporate Tier 1 or Tier 2 stormwater
treatment practices (as defined in the Vermont Stormwater Management Manual issued by VANR) to manage
the stormwater that the intermittent stream is conveying in pre-development conditions, the intermittent
stream may be altered or relocated as part of that infrastructure, provided the stormwater management
system meets the requirements of Article 12.04. Alteration or relocation of an intermittent stream is exempt
from the Vermont Stream Alteration Rule and is not subject to the provisions of Article 12.02(G).
G. Protected Shoreland Area. All development located within 250 feet of the mean water level of Lake
Champlain is subject to the provisions of the Vermont Shoreland Protection Act. Applicants for development
in this area shall demonstrate compliance with the State of Vermont prior to issuance of a zoning permit.
H . Erosion Control Measures and Water-Oriented Development along Lake Champlain.
The installation of erosion control measures and water-oriented development within or abutting the high-
water elevation of Lake Champlain may be approved by the DRB as a conditional use provided the following
standards are met:
(1 ) The improvement involves, to the greatest extent possible, the use of natural materials such as
wood and stone.
(2 ) The improvement will not increase the potential for erosion.
(3 ) The improvement will not have an undue adverse impact on the aesthetic integrity of the
lakeshore. In making a determination pursuant to this criterion, the DRB may request renderings or other
additional information relevant and necessary to evaluating the visual impact of the proposed
improvement.
(4 ) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground
cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative
buffer for the lake and/or stream.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS Draft 2020/12/08
South Burlington Land Development Regulations 6
12.03 Wetland Protection Standards and Review Procedures
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.
B. Applicability.
(1) All Class I and Class II wetland areas and related buffer areas measured in horizontal distance from
the boundary of the wetland (one hundred (100) feet for Class 1 and fifty (50) feet for Class II wetland),
are subject to the provisions of this section.
(2) Class III wetland areas exceeding 300 square feet in area, and related fifty (50) foot buffer areas
measured in horizontal distance from the boundary of the wetland, are subject to the provisions of this
section.
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) The DRB has the authority to invoke technical review of any field delineation and wetlands report.
The independent technical review will submit an evaluation of the field delineation and wetlands report
addressing the proposed development’s consistency with the standards in (E) below, and outlining the
following:
(a) Measures that can be taken to improve the overall effect of the project on wetland resources
without altering the layout of the proposed project.
(b) Measures that can be taken to improve the overall effect of the project on wetland resources
that involve altering the layout of the proposed project.
D. Standards for Wetlands Protection
(1) Consistent with the purposes of this Section, development must avoid encroachment into Class I
and Class II wetlands and their associated buffers and minimize encroachment into Class III wetlands and
their associated buffers, as enumerated in this section.
(2) Sufficient suitable landscaping and fencing shall be provided to protect wetlands and buffers in a
manner that is aesthetically compatible with the surrounding landscape. The use of split rail or other
fencing made of natural materials is encouraged.
(3) Encroachment into Class I and Class II wetlands is permitted by the City only in conjunction with
issuance of a Wetlands General Permit from the Vermont Department of Environmental Conservation
and positive findings by the DRB pursuant to the criteria in (3) below.
(4) Encroachment into Class I and Class II wetland buffers, Class III wetlands and Class III wetland
buffers, may be permitted by the DRB upon finding that the proposed project’s overall development,
erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan
achieve the following standards for wetland protection:
(a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood
waters adequately;
(b) The encroachment(s) will not adversely affect the ability of the proposed stormwater
treatment system to reduce sedimentation according to state standards;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS Draft 2020/12/08
South Burlington Land Development Regulations 7
(c) The impact of the encroachment(s) on the specific wetland functions and values identified in
the field delineation and wetland report is minimized and/or offset by appropriate landscaping,
stormwater treatment, stream buffering, or other mitigation measures.
(5) Where Restricted Infrastructure Encroachment is proposed within Class I or Class II wetlands or
their buffers, the applicant shall demonstrate compliance with this Section 12.03, Section 12.10 and the
following supplemental standards:
(a) Roadway paved surface shall be no wider than 20 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 promote wildlife passage.
12.04 Rare, Threatened and Endangered Species
A. Purpose. It is the purpose of this Section to protect the City’s rare, threatened or endangered plant
or animal habitat, as identified by 10 VSA Chapter 123 and mapped and delineated for this purpose, in order
to prevent further population loss of these species.
B. Applicability. All development subject to site plan or subdivision review is subject to the standards
below where rare, threatened or endangered species habitat is present.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions
Map (as applicable for the stage of review) pursuant to Appendix E.
(1) For Preliminary Site Conditions Map, if the data layer showing “Rare, Threatened and
Endangered Species” on the Vermont Natural Resources Atlas indicates the potential for such species in
an affected area, a written opinion confirming the presence or absence of rare, threatened or endangered
species will be required from the Vermont Fish and Wildlife Department or a qualified environmental
professional. The applicant must provide the Vermont Fish and Wildlife Department with a map and site
plan showing the mapped location of the rare, threatened and endangered species in relation to the
proposed development.
(2) For Complete Site Conditions Map, if a rare, threatened or endangered species is present, the
applicant must obtain a written opinion from the Vermont Fish and Wildlife Department indicatin g what
measures must be taken to assure that the proposed development will not result in adverse impacts to
the rare, threatened or endangered species.
D. Standards. Development must not cause adverse impacts to any rare, threatened or endangered
plant or animal habitat identified by the Vermont Department of Fish and Wildlife or through site
investigation.
(1) Building envelopes must be located to exclude identified areas supporting rare, threatened and
endangered species.
(2) Specific measures identified by the Fish and Wildlife Department’s written opinion may be
required.
(3) Any impact to an endangered or threatened species may require an Endangered and Threatened
Species Permit from the State of Vermont.
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12.05 Habitat Blocks
A. Purpose. It is the purpose of these Habitat Block standards to avoid adverse impacts from
development on these resources, promote the natural succession of vegetated areas of native vegetation in
order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase
infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability. The requirements of this Section will apply to all areas indicated as “Habitat Blocks” on
the Habitat Blocks and Connectors map, except as follows:
(1) Lots or parcels of less than one (1) acre in size existing as of the effective date of these Regulations;
(2) Land located within 50’ horizontal distance of a principal building existing as of the effective date
of these regulations;
(3) 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 12.07 shall apply.
D. Modification of Habitat Block. An applicant may request approval to modify the mapped Habitat
Block in any of the following manners. An applicant may select any one of the options below. An applicant
may not select more than one option for any application, however.
(1) Minor Habitat Block Boundary Adjustment. The Development Review Board may modify the
boundary of a mapped 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 should be offset with an equal addition elsewhere within the same site
plan or preliminary plat area. In no case shall the Board approve a net reduction of Habitat Block that
exceeds 3,000 square feet.
(2) Small On-Site Habitat Block Exchange. The Development Review Board may approve the
exchange of a mapped Habitat Block area not to exceed three (3) 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 Areas and shall not sever Habitat Connectors. In making
its determination, the Board shall consider:
(a) Retaining a similar or greater quality and maturity of vegetation within the proposed areas
for exchange;
(b) Retaining mature and/or prominent tree stands; and,
(c) Promoting overall neighborhood function and design, and transition to adjacent parcels and
any development thereon.
Land located with the SEQ-NRP zoning subdistrict, Hazards, 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 a public entity shall not be eligible to be used for a land
exchange.
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(3) Larger Area Habitat Block Exchange. The Development Review Board may approve the exchange
of a mapped Habitat Block area in exchange for an equal amount of land within the same Habitat Bock or
adjacent connector upon written request, and pursuant to the standards of this Section.
(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 Section 12.07 and a written assessment of compliance with the standards
contained within this subsection.
(b) Standards of Review. The Board may approve a re-designation of a portion of a Habitat Block
if it finds all of the criteria below to be met:
(i) The HDA demonstrates that the alteration will not result in a reduction in the Habitat
Block’s function as significant wildlife habitat as defined in these Regulations;
(ii) Wildlife movement connectivity is retained between mapped Habitat Blocks; and,
(iii) Proposed adjacent development and infrastructure has been designed to minimize
impacts on habitat functions.
(c) Exchanged Land. Land to be added to the Habitat Block pursuant to this section must be set
aside and identified on the subdivision plat, and in associated legal documents, as one or more
“Conservation Lots” as established in Section 15A, to be maintained and managed in single or common
ownership, or under a conservation easement held by the City or qualified third party, such as an
established land trust, that is either (I) Contiguous to the habitat block and unseparated by roadways,
railways, or other impeding infrastructure, or (II) Expanding upon the width of a Mapped Habitat
Connector directly attached to the subject Habitat Block.
(i) Land located with the SEQ-NRP zoning subdistrict, Hazards, 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 a public entity shall not be
eligible to be used for a land exchange.
(ii) Any land proposed to be added / conserved 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 such that within a period of ten (10) years and
being classified as transitional forest / forest by a land use / land cover assessment at that time.
(4) Substantially-Habitat Block-covered lots. A lot or parcel containing a combination of Hazards and
Level 1 resources exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat
Block standards as follows:
(a) As a Conservation Planned Unit Development, for parcels meeting eligibility standards.
(b) For lots or parcels not eligible for review as a Conservation Planned Unit Development, the
Development Review Board may approve exclusion of an area of land within the Habitat Block not to
exceed thirty (30) percent of the total lot area. Where applicable, land shall be excluded in the
following order:
• First: Land not otherwise listed in this subsection
• Second: Land identified as forest in land use / land cover data
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• Third: Land connecting portions of a habitat block, or between habitat blocks, that are
less than 200’ in width
• Fourth: Land more than 300 feet from the edge of a mapped Forest Block (“Core Forest
Block” areas)
• Fifth: Hazards as defined in these Regulations
(i) Calculation: Land shall be selected from first to fifth. If all applicable land on the lot or
parcel from one category is excluded, and the twenty (20) percent allotment has not been
reached, then land from the next category land shall be selected next.
(ii) Special Circumstances: Where the DRB finds that exclusion of land 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 of intent of
these regulations, it may approve modifications to the land selected. Any such modifications shall
be minimized in terms of land area and modification to the priority order.
(iii) Any land excluded from Habitat Blocks under this subsection shall remain subject to all
other provisions of these Regulations.
E. Standards for Habitat Block Protection.
(1) General standards. Except as specifically exempted pursuant to Subsection (2) below, approved
by the DRB pursuant to subsection (3) below, or modified in accordance with Section (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.
(d) Snow storage areas designated must not be located within Habitat Blocks.
(e) Pursuant to section 15.A.12, lot lines shall be configured to avoid Habitat Blocks.
(f) Pursuant to Sections 9.** and 15.A.12, building envelopes shall not contain any land within
Habitat Blocks.
(g) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
(2) Exempted Uses and Activities. The following uses and activities are exempt from review under
this section:
(a) 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;
(b) Removal of invasive species, diseased vegetation, and dead or dying trees posing an imminent
threat to buildings or infrastructure; and,
(c) Uses and activities enumerated in Section 12.01C.
(3) New uses and encroachments within Habitat Blocks. The encroachment of new land
development activities, clearing of vegetation, establishment of lawn, or other similar activities into
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Habitat Blocks buffers is prohibited, except as provided for in this section. The DRB may authorize the uses
and activities enumerated in this subsection within Habitat Blocks, subject to the standards and conditions
enumerated for each use, and, where a Mitigation option has been selected pursuant to 12.05(C)(2),
subject to any specific mitigation measures identified therein.
(a) Restricted Infrastructure Encroachment, pursuant to Section 12.10 and the following
supplemental standards:
(i) The facility shall be strictly limited to be minimum width necessary to function for its
intended purposes
(ii) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum
necessary width to function for its intended purposes;
(iii) Street tree requirements shall not apply in these areas;
(iv) Street lighting shall be prohibited in these areas except as necessary to meet State or
Federal law; and,
(iv) 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
underpass or culverts.
(b) Forest-based outdoor recreation, provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the habitat block.
(i) Within a public park, uses, structures, and forest management activities are permitted
subject to site plan review. Any such site plan shall be accompanied by a written demonstration
of consistency with the adopted management plan for the parcel. If no such plan exists, the
applicant shall demonstrate that the proposed use, structure, or forest management practice is
consistent with the purposes of this Section.
(c) Research and educational activities provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the Habitat Block.
(i) The DRB may, as a conditional use, approve compatible research and educational structures
within a Habitat Block such as seating areas made of natural materials, storage sheds, or climbing
structures.
(4) Expansion of pre-existing structures within Habitat Blocks. The expansion of pre-existing
structures, parking areas, lawn areas, or impervious surfaces within Habitat Blocks will be permitted only
in accordance with the standards for non-complying structures in Article 3, Section 3.11 of these
Regulations and only where such expansion cannot reasonably take place outside of a Habitat Block.
12.06 Habitat Connectors
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 will apply to all areas indicated as “Habitat
Connectors” on the Habitat Blocks and Connectors map, except as follows:
(1) Lots or parcels of less than one (1) acre existing as of the effective date of these Regulations
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(2) Land located within 50’ horizontal distance of a principal building existing as of the effective date
of these regulations
(C) Standards. The applicant shall retain a 150’ wide Habitat Connector where indicated on the Habitat
Blocks and Connection Map.
(1) The Habitat Connector may be relocated from its location on the Habitat Blocks and Connection
Map but must connect to mapped Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated
portion 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 such
that within a period of ten (10) years and being classified as transitional forest / forest by a land use / land
cover assessment at that time.
(2) Where pre-existing development precludes maintaining an undisturbed width of 150’, the
corridor shall be the widest possible and restoration of the corridor shall be provided.
(3) Hazards or other protected environmental areas may be used to count towards the connector
width.
(4) Habitat Connectors shall be subject to the provisions of 12.05(E) Habitat Blocks Standards.
12.07 Habitat and Disturbance Assessment (HDA)
A. Purpose. The Habitat and Disturbance Assessment is intended to serve as tool to inventory and
quantify significant wildlife habitat within and adjacent to properties being evaluated, to supplement or
replace mapped Habitat Blocks as applicable in these Regulations.
B. Submittal Requirements. Where an HDA is permitted by these Regulations, the applicant shall
contract with a qualified wildlife biologist or ecologist to prepare the Assessment. The HDA prepared for the
DRB shall include:
(1) Site Conditions Map including all Habitat Blocks Habitat Connectors as indicated on the Habitat
Block and Connectors map on or within 200 feet of the project site.
(2) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of significant wildlife habitat, the specific types of habitat 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;
(3) An assessment of the relationship of the habitat found on the site rela tive 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);
(4) Identification of the distance of all proposed development activities (as permitted), including
clearing, driveways and infrastructure, and areas of disturbance, from the significant habitat and, if
significant habitat is proposed to be disturbed, the total area of disturbance and the total area of the
remaining (undisturbed) habitat;
(5) 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 areas of core habitat will be
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disrupted;
(6) As 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 habitat for specific identified species,
possible replacement or provisions for substitute habitats that serves a comparable ecological function to
the impacted habitat, and/or physical design elements to incorporate into the project.
12.08 Stormwater Management
A. Purpose. The purpose of this section is:
(1) To promote stormwater management practices that maintain pre-development hydrology
through site design, site development, building design and landscape design techniques that infiltrate,
filter, store, evaporate and detain stormwater close to its source;
(2) To protect water resources, particularly streams, lakes, wetlands, floodplains and other natural
aquatic systems on the development site and elsewhere from degradation that could be caused by
construction activities and post-construction conditions;
(3) To protect other properties from damage that could be caused by stormwater and sediment from
improperly managed construction activities and post-construction conditions on the development site;
(4) To reduce the impacts on surface waters from impervious surfaces such as streets, parking lots,
rooftops and other paved surfaces; and
(5) To promote public safety from flooding and streambank erosion, reduce public expenditures in
removing sediment from stormwater drainage systems and natural resource areas, and to prevent
damage to municipal infrastructure from inadequate stormwater controls.
B. Applicability
(1) These regulations will apply to all land development within the City of South Burlington where
one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or
parcel.
(2) If the combination of new impervious surface area created and the redevelopment or substantial
reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from
requirements in this Section 12.08.
(3) Applications meeting the criteria set forth in section 12.08(B)(1) and not exempt under section
12.08(B)(2) shall meet the requirements in section 12.08(C) as follows:
(a) If the area of the lot or parcel being redeveloped or substantially reconstructed is less than
50% of the lot’s existing impervious surface area, then only those portions of the lot or parcel that are
being redeveloped or substantially reconstructed must comply with all parts of Section 12.084(C). All
new impervious surface area must meet the requirements of section 12.08(C).
(b) If the area of the lot or parcel that is being redeveloped or substantially reconstructed exceeds
50% of the lot or parcel’s existing impervious surface area then all of the lot or parcel’s impervious
surfaces must comply with all parts of Section 12.08 (C). All new impervious surface area must meet
the requirements of Section 12.08(C).
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C. Site Design Requirements for New Development
(1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual
(VSMM) for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff, and shall be
treated using Tier 1 practices as detailed in the VSMM.
(a) If it is not possible to treat the volume of stormwater runoff using a Tier 1 practice as specified
in Section 12.08(C)(1) due to one or more of the following constraints:
(i) Seasonally high or shallow groundwater,
(ii) Shallow bedrock,
(iii) Soil infiltration rates of less than 0.2 inches per hour,
(iv) Soils contaminated with hazardous materials, as that phrase is defined by 10 V.S.A.
§6602(16), as amended,
(v) The presence of a “stormwater hotspot” as defined in the VSMM, or
(vi) Other site conditions prohibitive of on-site infiltration runoff subject to the review and
approval of the Development Review Board,
then the WQv shall be treated on the lot using Tier 2 practices as described in the most recently
adopted version of the VSMM. A site with an existing Tier 3 practice is allowed to evaluate
retrofitting/expanding this practice to meet the requirements of section 12.08(C)(2). Existing Tier 3
practices shall only be used to satisfy the requirements of section 12.08(C)(1) in accordance with the
Water Quality Practice Selection Flowchart in the VSMM.
(2) The post-construction peak runoff rate for the one-year, twenty-four hour (rainfall amounts to be
determined using NOAA, Atlas 14 data and a type II rainfall distribution) rain event shall not exceed the
existing peak runoff rate for the same storm event from the site under conditions existing prior to
submittal of an application.
(3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff
per section 12.08(C)(1) and 12.08(C)(2) cannot be achieved for areas subject to these regulations per
section 12.03(B) may utilize “site balancing”.
D. Additional Site Plan Requirements
(1) Applicants required to comply with Section 12.08(C) must include the following information in
their site plan submission:
(a) Sub-watershed boundaries and drainage area delineations for all stormwater treatment
practices.
(b) Location, type, material, size, elevation data, and specifications for all existing and proposed
stormwater collection systems, culverts, and stormwater treatment practices.
(c) Soil types and/or hydrologic soil group, including the location and results of any soil borings,
infiltration testing, or soil compaction testing. Infiltration testing shall be completed using methods
identified in the VSMM (see section 4.3.3.2 in the 2017 VSMM, or as updated).
(d) A brief written description of the proposed stormwater treatment and management
techniques. Where Tier 1 practices are not proposed (see Section 12.08(C)(1)(a)), the applicant shall
provide a full justification and demonstrate why the use of these practices is not possible before
proposing to use Tier 2 or Tier 3 practices.
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(e) A detailed maintenance plan for all proposed stormwater treatment practices.
(f) Modeling results that show the existing and post-development hydrographs for the WQv and
the one-year, twenty-four hour rain event (rainfall amounts to be determined using NOAA, Atlas 14
data and a type II rainfall distribution). Any TR-55 based model shall be suitable for this purpose.
E. Drainage Structures
(1) Removal of Runoff – The applicant shall remove any impervious surface runoff that exists as a
result of the proposed land development. Drainage facilities shall be locat ed in the street right-of-way
where feasible. All drainage facilities in the street right-of-way must comply with the following standards:
(a) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour
(4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall
distribution);
(b) All drainage structures must conform to the provisions of Section 12.01 General Stream and
Surface Water Standards.
(c) Drainage pipes in the street right-of-way must have a minimum diameter of 15” and be
connected to drainage structures using booted connections.
(d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage
structure elevation.
(e) House footing drains shall only be connected to drainage facilities located in the street right-
of-way only when a suitable location to daylight the footing drain cannot be found.
(f) Footing drains must not be connected to road underdrain.
(g) Any footing drains connected to drainage facilities in the street right-of-way should be
provided with a backflow preventer.
(h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
(i) The applicant’s engineer must provide such information as the stormwater superintendent or
designee deems necessary to determine the adequacy of all drainage infrastructure.
(2) Drainage Structures To Accommodate Upstream Development – Culverts, pipes, or other
drainage facilities shall be of sufficient size to accommodate potential runoff from the entire upstream
drainage area, whether or not all or part of the upstream area is on the applicant’s lot or the parcel subject
to the application. In determining the anticipated amount of upstream runoff for which drainage facilities
must be sized, the applicant shall design the stormwater drainage system assuming the total potential
development of upstream drainage areas. All drainage structures shall be designed to, at a minimum,
safely pass the twenty-five year, twenty-four hour rain event (rainfall data to be determined using NOAA,
Atlas 14 and a type II rainfall distribution). The applicant’s engineer shall provide such information as the
Stormwater Superintendent or their designee deems necessary to determine the adequacy of all drainage
structures.
(3) Responsibility for Downstream Drainage Structures – The applicant shall provide such information
as the Stormwater Superintendent deems necessary to determine the effects of the application on
drainage structures located downstream of the applicant’s lot or the parcel subject to the application,
notwithstanding whether these structures are located on land owned or controlled by the applicant. This
analysis shall be conducted using the twenty-five year, twenty-four hour storm event (rainfall data to be
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determined using NOAA, Atlas 14 data and a type II rainfall distribution). In instances where the
Superintendent anticipates that additional runoff incident to the application may overload an existing
downstream drainage structure(s) and result in damage to private or public infrastructure or property,
the DRB shall impose conditions requiring the applicant to incorporate measures to prevent these
conditions, notwithstanding whether such improvements are located on or off the applicant’s property.
12.09 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 prevent erosion that may cause adverse impacts to water
quality or hazards to life and property.
(1) 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.
(2) Avoid stream sedimentation and adverse impacts to surface and ground water quality.
(3) Minimize stormwater runoff, channeling, flooding and soil erosion, on steep slopes.
(4) Maintain and re‐establish vegetation on steep slopes to stabilize soils.
(5) 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 below 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.
D. Standards.
(1) Very Steep Slope Standards. Development other than Restricted Infrastructure Encroachment is
prohibited on slopes greater than 25%.
(2) Steep Slope Standards. All applicable development must be designed to avoid adverse impacts
to slopes between 15% and 25%.
(3) General Standards. In the event that development will impact areas of these identified slopes in
accordance with (1) and (2) above, the DRB may require the applicant to provide or meet any of the
following:
(a) A stormwater management, erosion prevention and sediment control plan with long term
maintenance plan included, prepared by a qualified professional;
(b) An analysis of slope stability prepared by a licensed engineer to ensure that no erosion
hazards are created that would have an adverse impact on surface waters, wetlands, areas of special
flood hazards, or downstream facilities, and any recommended mitigation measures;
(c) Limit clearing, excavation and filling on such lands to the greatest extent practical, and/or;
(d) Prepare and implement an erosion control plan for the property, in accordance with Article
16, as a condition of approval.
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12.10 Restricted Infrastructure Encroachment.
A. Included uses and activities: Restricted Infrastructure Encroachments are limited to the uses and
activities listed in this subsection. Where a specific Resource using this standard contains additional
restrictions on permissible activities, the more restrictive standards shall apply.
(1) Underground utilities
(2) Sidewalks and recreation paths
(3) Public and private Streets
(4) Stormwater facilities
B. Encroachments. Encroachment into the resource may only be permitted by the Development Review
Board if there is a finding that the Restricted Infrastructure Encroachment:
(1) Is specifically regulated or exempted from these standards elsewhere in these Regulations, or is
exempt from local review;
(2) Is necessary to rectify a natural catastrophe for the protection of the public health, safety and
welfare;
(3) Is for a functionally dependent purpose such as operation of critical facilities;
(4) Is for purposes of crossing a resource area to gain access to land on the opposite side of the area,
or for purposes of providing safe access in accordance with City roadway and connectivity standards to
an approved use. In such instances, the encroachment may be permitted only upon determination by the
Development Review Board that both the following overall standards, and any resource-specific
standards, have been met:
(a) There is no feasible alternative for providing safe access within the property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer or
no constraints exist, property owners have been contacted;
(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 impact feasible to the specific resource.
2 DEFINITIONS
2.02 Definitions:
Habitat Block. Predominately forested area large enough to provide habitat, either permanently, or
seasonally for wider ranging species of wildlife such as bobcat, red and grey fox, river otter, beaver, and fisher.
These species of wildlife require larger areas (than squirrels or rabbits for example), and a variety of
appropriate habitat to fulfill their daily, seasonal, and yearly habitat needs. These needs include security for
breeding activities, a variety of food resources, secure cover for raising young, and the presence of water-
either for drinking or in the case of aquatic species, as a general habitat. Habitat Blocks fall within a matrix of
land-uses that include urban, residential, agricultural, transportation, and rural uses.
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Habitat Connector. Area in city the providing wildlife served by Habitat Blocks the ability to functionally move
through the landscape in stepping-stone fashion between Habitat Blocks. For species such as bobcat, red and
grey fox, river otter, beaver, and fisher, accessing multiple Habitat Blocks make up for the smaller, more
fragmented nature of the Habitat Blocks in the community.
Significant Wildlife Habitat. Those natural features that contribute to the survival and/ or reproduction of the
native wildlife of South Burlington. Target species include bobcat, red and grey fox, river otter, beaver, and
fisher. Areas within significant wildlife habitat include: (1) habitat for rare, threatened and endangered species
(state or federally listed); (3) stream and stream buffer areas as defined in these regulations; (4) wetlands and
wetland buffers as defined in these Regulations; (5) vernal pools; (6) ledge, talus and cliff habitat; (7) Habitat
Blocks, and (8) Habitat Connectors.
Steep Slope. 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. A Very Steep Slope is an land formation, aside from
individual rocks, with a calculated slope of over 25% containing a vertical drop of at least three (3) feet.
Very Steep Slope. See Steep Slope
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
Justin Rabidoux, Director of Public Works
SUBJECT: FY ‘22 CCRPC Unified Planning Work Program projects
DATE: December 8, 2020 Planning Commission meeting
The Chittenden County Regional Planning Commission is seeking input on possible transportation
planning-related projects they should undertake in their next fiscal year in support of South Burlington.
Funding assistance is available for transportation-based projects using Federal Transportation dollars.
For transportation projects involving consultants, the City is generally responsible for 20% of the project
cost. The City can also seek technical assistance from CCRPC staff on transportation and land use
planning projects. For land use planning projects, the City pays a per-hour fee for services.
Building on the work we’re doing this year, which includes both transportation planning as well as fee-
for service support in planning technical assistance, below is a summary of current projects and staff’s
proposed project list for 2022. The project list has been reviewed by staff from P&Z, DPW, and the City
Manager, and staff has discussed the energy project concept with the Energy Committee’s chair
following a more general discussion with the committee as a whole last month.
Staff recommends the Commission review and discuss the project list, and let me know if you believe
any are missing or should be removed. Once approved by the Commission, the project list will be
provided to the City Council for their consideration in early January.
Proposed FY 2022 Projects:
1. Transportation Component of Climate Action Plan
Project Type: Transportation (consulting)
Priority: Transportation 1
Summary: In 2017 the City Council adopted a resolution to join the Vermont Climate Communities
and set goals to meet their targets and the State of Vermont’s 2050 Climate Goals. Transportation is
estimated by the State to account for 45% total emissions.
After developing a basic framework of a Climate Action Plan in the first half of 2021 (enumeration of
objectives, identification of key sectors, measurement, and sector-by-sector goals), the framework
would call for a detailed plan by sector for how the City, its residents, businesses, and partners
would take action to meet the sector’s objectives. This transportation component would include
establishing targets and specific actions to meet goals within this sector, in collaboration with local
partners (residents, businesses, organizations). Possible topic areas may include:
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• Meeting goals to changing modes of transportation for work and other trips through
investment, marketing
• Electric vehicle deployment and infrastructure
• Reducing in total commute for employees by meeting local housing demand
• Establishing and implementing a Park and Ride Plan
• Other
Estimated cost: $20,000-$30,000 [to be refined]
Local requirement: $4,000-$8,000
2. Mary Street sidewalk scoping
Type: Transportation
Priority: Transportation 2
Summary: Complete a scoping analysis of constructing a sidewalk between Williston Road and the
recently-constructed extension of Mary Street.
Estimated cost $10,000
Local Requirement: $2,500
3. Specific Implementation Measures for Tier I City Traffic Zones
Type: Transportation
Priority: Transportation 3
Summary: See below for description of current project to replace the current traffic overlay district
with “tiers” of acceptable vehicle congestion in the City. Under the updated Transportation Zoning
Standards, the most urban “tier” would no longer to be responsible for completing a traffic study
identifying mitigation required to allow their project to proceed (and eliminating the traffic overlay
district). Instead, the project would identify the trips being generated and then either simply pay a
fee or complete a pre-identified project.
This report would identify the cost and vehicle trips credited by city-identified projects in these Tier
1 Zones. (for example, determine the number of additional trips re-alignment of the westbound
Williston Road could credit. Or construction on the sidewalk along Mary Street).
Estimated cost: $30,000
Local requirement: $6,000
4. Stop Sign Warrant Analysis
Type: Transportation [likely in-house]
Priority: Transportation 4
Summary: complete three stop sign warrant analyses, which would become the legal foundation for
a future stop sign if the warrant is met. Anticipated intersections:
• Pine Tree/Myers
• Pine Tree/Gilbert
• Spear/Nowland Farm
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5. Traffic Counts at various locations
Type: Transportation [likely in-house]
Priority: Transportation 5
Summary: Perform 3-4 traffic counts at locations identified by DPW.
6. Mapping of on-street parking areas in City Center & Beyond.
Type: Transportation [possible in-house]
Priority: Transportation 6
Summary: Would map exact locations of parking/no parking areas into our GIS, with digital “lines”
on either side of the road (as applicable) showing the areas where parking is permitted. This would
allow the Parking Ordinance to reference the map for parking zones and create conditions for
simplified amendments thereto.
Estimated cost: $10,000
Local requirement $2,500
7. Land Use Plan Planning Technical Support
Type: Planning
Priority: Planning 1
Similar to this current year, allocate funding of CCRPC staff time at CCRPC rate to support long-range
planning projects as identified in City’s Work Plan. May include update of the Official Map, City
Center Form Based Code updates, Climate Action Plan, infill affordable housing using building types,
natural resources planning, scenic views, etc. [note: work on the official map may be eligible under
Transportation; to be assessed with CCRPC Staff]
Proposed amount $25,000 (local funds) at CCRPC rate. [final amount to be determined during
annual budget process]
Status of Current FY Projects:
1. Tilley Drive / Community Drive Network Study [regional project, no match]
Summary: This project was an assessment of transportation improvements that would be needed to
accommodate planned buildout of the northeastern portion of the city, in increments of one-third
of the projected development. A Final presentation was provided to the City Council in the summer
of 2020; Final Report will be out later this month.
Status: project complete. Final Report to be delivered December 2020.
2. Traffic Overlay District / Traffic Impact Fees
Summary: Update of the City’s traffic impact fee ordinance, which has not been updated since 2007,
and replacement of the current “traffic overlay district” in the Land Development Regulations with a
citywide traffic standard divided into 3 tiers.
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Status: updated Impact Fee project list to be provided to City Council December / January.
Ordinance update to follow. Traffic Overlay District first draft under development; to be completed
spring 2021.
3. Scoping analysis for Queen City Park Road Bicycle/Pedestrian Facilities (joint project with City of
Burlington)
Summary: Complete a scoping study for the replacement of the Queen City Park Road bridge and
related pedestrian improvements along Queen City Park Road in Burlington and South Burlington.
Status: Project kick-off mid December 2020.
4. I-89 Corridor Study [Regional project, no match]
Summary: scoping study of transportation needs along the I-89 corridor in Chittenden County, with
special attention to functionality of the area in and around Exit 14.
Status: This project is approximately mid-way through. See project website: https://envision89.com/
5. Intersection Scoping Study: Swift / Spear
Summary: Scoping study to consider constraints and alternatives to improve safety and modility for
all users at this intersection.
Status: Project kick-off scheduled for January 2021.
6. Planning Technical Assistance
Summary: This project is allocation of CCRPC time, paid for at an hourly rate, in the current fiscal
year. Work to date has included mapping of natural resources and technical assistance in the field of
floodplain regulations. Anticipated projects in the second half of the fiscal year include additional
work in support of Planning Commission LDR amendments and possible initiation of a Climate Action
Plan.
Status: ongoing
7. Street Signs Inventory
Summary: complete mapping inventory, using GIS, of all stop signs, speed limit signs, and parking/no
parking signs in the City, for use with the City’s traffic and parking ordinances.
Status: Complete
8. Recreation Path bridge data collection evaluation
Summary: perform data collection of location and status of bike-ped bridges.
Status: This project has been moved to next fiscal year, with staff’s concurrence, due to re-allocation
of funds for regional projects (notably the I-89 corridor study).
9. Traffic Counts
Summary: Have CCRPC staff or interns perform traffic counts for speed and/or volume at various
collector roadways in the City as needed and scheduled by DPW.
Status: as needed by DPW
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
24 NOVEMBER 2020
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The South Burlington Planning Commission held a regular meeting on Tuesday, 24 November 2020, at
7:00 p.m., via Go to Meeting remote technology.
MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag, D. Macdonald, P.
Engels
ALSO PRESENT: P. Conner, Director of Planning and Zoning; V. Bolduc, L. Ravin, S. Dooley, J. Bellavance,
C. Trombly, C. & A. Long, D. Long, L. Kupferman
1. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
2. Open to the public for items not related to the Agenda:
No issues were raised.
3. Planning Commissioner announcements and staff report:
Ms. Ostby: Noted a remote meeting on 30 November regarding housing involving all of Chittenden
County. Also suggested the Planning Commission have a column in The Other Paper which is no longer
covering meetings. Mr. Conner noted the City now has a Newsletter every few weeks. Staff could
highlight anything the Commission feels important for the public to know.
Ms. Louisos: Will be providing an update to the City Council at their next meeting.
Mr. Conner: Met with the Affordable Housing Committee to give them an update and tell them how
they can participate. He will be attending the Natural Resources Committee meeting next Wednesday.
Ms. Ostby noted the Affordable Housing Committee formed a sub-committee to address Mr. Conner’s
question of what the Southeast Quadrant might look like. Mr. Trombley said outside persons are
welcome to be a part of that sub-committee.
Mr. Conner also met with the Energy Committee regarding a Climate Action Plan. They also
discussed the new energy codes which include the option for solar ready roofing. They will be bringing a
proposal to the Planning Commission.
4. Work Session on Amendments to the Land Development Regulations:
a. Habitat Blocks and Connectors:
Mr. Conner said staff has been getting feedback as to what to do with allowing future modifications
when projects are at the DRB. He then posted a chart of possible options.
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Mr. Mittag asked if these options relate to the block or to the buffer or outside the buffer. He said if you
encroach in the buffer, it is no longer a buffer.
Mr. Riehle said he keeps going back and forth. The center of the habitat block may not actually be the
center. What is needed is someone in each case to actually determine where the habitat block is.
Ms. Ostby said the core is not a precise place. It can be movable. She didn’t feel that changing the shape
of a block shouldn’t be an issue. Mr. Gagnon agreed. He said the lines around the block are arbitrary
and not “ground true.” He liked all the options and felt they are needed. Ms. Ostby said she would
remove Option #4 because this is not a matter of money, and someone shouldn’t be able to “buy one’s
way out.” Mr. Gagnon disagreed and said he liked the offsite option for TDRs.
Mr. Macdonald agreed with Mr. Gagnon. He said Arrowwood did a “windshield study.” He suggested
combining #3 and #4.
Ms. Louisos asked if Option 4 would have an assessment done first. Mr. Conner said both Option 3 and
4 would have to show they are not diminishing the habitat function. Option 4 is the one option where
the property owner wouldn’t have to find another place on the site and could pay into a fund so
someone else does this.
Ms. Ostby didn’t agree with #4. She felt “shape shifting” was find but not decreasing the size of the
block.
Mr. Mittag said he had a problem with moving habitats around. He said you can’t replicate the
topography of a habitat block from one place to another. Ms. Louisos said she would agree with that
except a proper5ty owner wouldn’t be able to remove a wetland or a river buffer piece. She agreed
with flexibility because some of the spots are marginal and the lines aren’t perfect.
Mr. Mittag felt they are offering less protection than what is in the current LDRs. He read from the NRP
language. Mr. Conner said the NRP language is actually being tightened up.
Ms. Ostby felt the map should lock in the acreage of the core area. Mr. Conner added that any land that
was added would have to be certified that in 10 years it would be a transitional forest.
Members said they would like to see the exact language proposed for Options 1, 2, 3 and 5. Mr. Mittag
still was not sure.
Ms. Louisos suggested members read what Mr. Mittag send and discuss it at the next meeting.
Mr. Conner suggested a possible special meeting before the end of the year in order to get Article 12 in
good shape. Members suggested December 15th. Mr. Mittag said he would like an “editable” verson.
A comment from C. & A. long noted that some of the Arrowwood study is arbitrary as are some of the
Planning Commissions decisions.
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b. Functions of Conservation and TND PUD types within the Southeast Quadrant:
Mr. Conner said staff did an analysis of every parcel of three acres or more and their development
potential in order to be sure the Conservation and TND types are doing something different. The
recommendation is to separate them a little more. He cited a possible 10-acre parcel of which 6 acres
was in the NRP and 4 acres in the NR District. In a TND, you would exclude the 6 acres and the TND
standards would apply. In the same parcel with a Conservation PUD, you would only have to conserve
one more acre. Staff recommends you make the Conservation PUD apply only to the non-NRP part of
the property.
Mr. Riehle asked what the maximum density would then be. Mr. Conner said it would be what the
building types allow, probably a little more than 4 units per acre. Ms. Ostby said that would leave only
buildable acre. Mr. Conner said that is true, but with larger acreage, it becomes more viable. Ms. Ostby
asked how much density would be allowed on that one acre. Mr. Conner said the maximum would be
16 in theory but in practice something less than that.
Mr. Macdonald asked what the minimum density would be. Mr. Conner said classically a Conservation
PUD would allow the minimum density times the acreage. If they do more conservation, they could
eliminate more city rules (e.g. more homes on a dead end road).
Mr. Conner added the intent is not to move toward “rural sprawl.”
Ms. Ostby noted that not everyone wants to build a neighborhood. They might just want to build a
couple of homes for family members. She asked if someone who wanted to build with more density
could do that via TDRs. Mr. Conner said that is what the TND would do in the SEQ. It would be based on
building types. Staff recommends that if you go over 1.2 per acre you have to buy TDRs.
Ms. Ostby said she wants to serve both ends: the landowner who wants to conserve and the landowner
who wants to provide housing.
Mr. Conner said the maximum density is set by building types, but there is still a TDR cap (1.2 per acre).
If you are a split property, there might be a reason to transfer the 1.2 acres from the NRP on your
property in order to achieve your density.
Ms. Ostby said she supports allowing the base density to include the hazards. Mr. MacDonald agreed.
He said that is land the property owner has paid taxes on. Mr. Mittag said he had mixed feelings, but on
balance it felt it would be fair. Ms. Louisos said that has been the policy in the SEQ for 30 years. Ms.
Ostby said that protecting the hazard is so important that the owner should be able to use all the
density on the property. Mr. Conner stressed that you do not transfer density from the hazard, you
transfer TDRs.
Mr. Conner noted this also addresses the problem of developers building under the maximum density in
order to avoid Act 250.
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Mr. Conner asked what about a property that is a Conservation PUD and the one next to it is a
neighborhood and the one on the other side of that is a Conservation PUD. Mr. Gagnon said he
wouldn’t have a problem with that, if the resources allowed for it.
Ms. Dooley cited the inequities of lower and higher densities with regard to taxes. She noted that a 4-
acre development zoned at R4 and fully developed with single family homes with an average appraised
value of $350,000 has a taxable value of $5,600,000. She asked how many 4-acre estates with one
home have an appraised value of $5,600,000. She asked why people on the quarter-acre lots should pay
proportionally so much more for city services than the owner of the home on 4 acres.
Ms. Louisos said the Commission hasn’t weighed in on that specifically but the question ties into the
efficient use of land where development occurs. Ms. Ostby asked if that is within the purview of the
Commission. Mr. Conner said he will chat with the City Assessor. He said the ability to maintain city
services is within the Commission’s purview.
5. Meeting Minutes of 28 October and 10 November 2020:
Mr. Mittag moved to approve the Minutes of 28 October and 10 November 2020 as written. Ms. Ostby
seconded. Motion passed unanimously.
6. Other Business:
No other business was presented.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 8:50 p.m.
___________________________________
Clerk