HomeMy WebLinkAboutAgenda - Planning Commission - 03/16/2021South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Special Meeting Tuesday, March 16, 2021
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/SouthBurlingtonVT/pc-2021-03-16
Telephone (audio only): (646) 749-3122 Access Code: 969-425-933
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. *Commission discuss and prepare feedback on I-89 Corridor Study Interchange Evaluation Criteria (7:15
pm)
5. *Continued Land Development Regulations Work Session (8:00 pm)
a. Review updated Environmental Protection Standards following Commission guidance and related
amendments
6. Other Business (8:55 pm)
7. Adjourn (8:55 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
South Burlington Planning Commission Virtual Meeting Public Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings
to ensure that everyone has a chance to speak and that meetings proceed smoothly.
2. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently
presenting / commenting will have their video on.
3. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to
engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an
item, the Chair will ask for public comment.
4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant
in sequence. To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute
yourself and verbally state your interest in commenting, or type a message in the chat.
5. Once recognized by the Chair, please identify yourself to the Commission.
6. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making
sure everyone is heard and sufficient time is available for Commission to to complete the agenda.
7. Please address the Chair. Please do not address other participants or staff or presenters and please do not
interrupt others when they are speaking.
8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint.
Indications of support are most efficiently added to the chat.
9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to
allow other participants to address the Commission before addressing the Commission for a second time.
10. The Planning Commission desires to be as open and informal as possible within the construct that the Planning
Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters.
Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to
explore an issue, provide input and influence public opinion on the matter.
11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All
written comments will be circulated to the Planning Commission and kept as part of the City Planner's official
records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be
included in the record. Email submissions are most efficient and should be addressed to the Director of Planning
and Zoning at pconner@sburl.com and Chair at jlouisos@sburl.com.
12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items
specifically related to the agenda item under discussion. The chat should not be used to private message
Commissioners or staff on policy items, as this pulls people away from the main conversation underway. Messages
on technical issues are welcome at any time. The Vice-Chair will monitor the chat and bring to the attention of
Commissioners comments or questions relevant to the discussion. Chat messages will be part of the official
meeting minutes.
13. In general discussions will follow the order presented in the agenda or as modified by the Commission.
14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently
focused to help guide participants.
15. The Commission will try to keep items within the suggested timing published on the agenda, although published
timing is a guideline only. The Commission will make an effort to identify partway through a meeting if agenda
items scheduled later in the meeting are likely not be covered and communicate with meeting participants any
expected change in the extent of the agenda. There are times when meeting agendas include items at the end
that will be covered “if time allows”.
MEMORANDUM
TO: South Burlington Committees
FROM: Charlie Baker, Executive Director
DATE: February 25, 2021
RE: I-89 2050 Study – Review of Draft Second Round Interchange Evaluation Metrics & Scoring
Background
CCRPC and VTrans are conducting an I-89 2050 Study to determine the best ways to address future
transportation needs of all users while meeting our municipal, regional, and State goals such as: land use,
livability, transportation, energy, climate change, economy, environment, public health, and fiscal responsibility.
You can view the project website (https://envision89.com/) and specifically the draft vision, goals and
objectives and project overview webpages for more background information.
We are halfway through the study and seeking input on the metrics and scoring proposed to evaluate and
determine which potential interchange investments to carry forward into the next phase of the study. We
would like to narrow down the alternatives to one interchange investment at Exit 14 and one interchange
investment at either Exit 13 or 12B (Hinesburg Rd). At this stage, we are seeking specific input on the draft
metrics and scoring.
Invitation
The City of South Burlington and the Chittenden County Regional Planning Commission (CCRPC) are inviting you
to participate in a joint meeting of the South Burlington Committees on March 10th at 5pm to get a deeper
understanding of the study and provide key feedback. Here is the meeting log-in information:
• https://us02web.zoom.us/j/85177877517
We anticipate two parts of the meeting:
Part 1 – joint meeting with brief review of the presentation and more detailed review of the metrics (we
ask that you preview the presentation linked below so that we can get through the background and
context quickly and focus most of our time on the metrics)
Part 2 – breakout rooms for each committee to have individualized conversations and feedback
Please email cbaker@ccrpcvt.org so that we know who is planning to attend and can properly assign breakout
rooms.
Purpose of the Meeting
At this point in the study, we have developed metrics tied to each of the study’s goals to evaluate the
interchange investment alternatives and are seeking feedback on them. Specifically:
110 West Canal Street, Suite 202
Winooski, Vermont 05404-2109
802-846-4490
www.ccrpcvt.org
▪ Are there any additional metrics that should be evaluated at this stage?
▪ Should any of the metrics be changed?
▪ Should some of the metrics be scored on a different basis (rather than just compared to each
other)?
▪ Should the goals be weighted equally?
▪ If not, which goals should be weighted more or less than others and why?
Additional Resources to Prepare for the Meeting
To help prepare you for the meeting, we have prepared presentation slides and a presentation recording (37
minutes). If you would like to dive in deeper, here are a few more resources:
o I-89 Draft Second Round Interchange Evaluation Matrix (link)
o Interchange Traffic Evaluation Maps (link)
o Asset Maintenance and Secondary Growth Metric Overview (link)
Next Steps
March 10th to March 22nd – We would be happy to participate in any special meetings or your committee
upon your request.
March 18th - Public Meeting for South Burlington residents and interested parties.
March 22nd – Deadline for comments on metrics and scoring. Please email comments as soon as you can
before that date to cbaker@ccrpcvt.org.
March 29th – South Burlington City Council workshop to review the comments.
March 22nd to April 15th - The project team will review the comments, make edits to the metrics and scoring,
and develop the draft final scoring of the interchange alternatives.
April 19th – South Burlington City Council review of proposed final scoring of interchange alternatives and
input on bundles.
May 18th – Public Meeting to review recommended interchange alternatives and obtain input on bundles.
May/June (date to be determined) – I-89 2050 Study Advisory Committee to review recommended
interchange alternatives and obtain input on bundles.
In accordance with provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, the CCRPC will
ensure public meetings are accessible to all people. Requests for free interpretive or translation services, assistive
devices, or other requested reasonable accommodations, should be made to Emma Vaughn, CCRPC Title VI
Coordinator, at 802-846-4490 ext. *21 or evaughn@ccrpcvt.org, at least 3 business days prior to the meeting for
which services are requested.
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: Environmental Protection Standards & Related Amendments
DATE: March 16, 2021 Planning Commission meeting
Enclosed is a revised version of the draft Environmental Protection Standards & Related Amendments. There
are two versions of these amendments:
• A “clean” version, enclosed with this packet
• A “redline” version, showing all proposed additions & strikethroughs, on the City’s website.
Also enclosed is a map showing the proposed set of regulations1. I am pleased also to present an updated
interactive online map with each of these resource layers, so Commissioners and the public can view the
information in greater detail.
Taylor Newton of the CCRPC has completed revisions as directed by the Commission last month, including
applying the decisions made by the Commission and continuing to refine language so that it is functional and
readable. Taylor prepared a summary memo of the revisions made to Articles 10 & 12; it is enclosed within
this packet.
The packet also contains the proposed complete set of “related revisions” to the Environmental Protection
Standards, based on the Commission’s direction this past week to prioritize these specific amendments
ahead of other ongoing work before the Commission. These amendments are restricted to those
amendments directly connected to the regulation of natural resources.
Related Amendment Notes:
1. Definitions [Articled 2]. Definitions have been included as used in the updated Environmental
Protection Standards
2. Description of Districts [Article 3]. Revised to include floodplain references and to remove the
reference to the outdated city wetlands map, which has been replaced
3. Undue Adverse Effect. [Article 3, Previously shown in article 12]. This “test” provides the DRB with
direction on how to evaluate the term “undue adverse effect” within the LDRs. The term is most
frequently used in Articles 10 & 12, but is referenced in a handful of other instances as well unrelated
to natural resources. The “test” would apply to all circumstances where the term is used.
1 Actual locations of certain resources, including wetlands and river corridors not mapped by the State, are subject to field delineation.
See note on page 4 of this memo about rare, threatened and endangered species.
2
4. Southeast Quadrant Open Space and Resource Protection [Article 9]. The current regulations
include the following standard applicable to PUDs in the Southeast Quadrant:
A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant. Such plan shall describe the intended use and maintenance of each area.
Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and
maintenance is encouraged. Existing natural resources on each site shall be protected through the
development plan, including (but not limited to) primary natural communities, streams, wetlands,
floodplains, conservation areas shown in the Comprehensive Plan, and special natural and/or geologic
features such as mature forests, headwaters areas, and prominent ridges. In making this finding the
Development Review Board shall use the provisions of Article 12 of this bylaw related to wetlands and
stream buffers.
Staff has reviewed the history of this standard. The standard was first included in the Land
Development Regulations in 2006, commensurate with an update to the Comprehensive Plan. The
SEQ chapter of both the Plan and Regulations were revised concurrently. The Plan included a map of
“Southeast Quadrant Natural Communities and Buffers,” showing three areas as primary natural
communities: the “Great Swamp” the “Van Sicklen Woods”, and the “Cheesefactory Woods”. The
source of these mapped areas was the 2004 Arrowwood Environmental Report.
In 2016, the City’s Comprehensive Plan was again revised re-adopted. The map listed above was
replaced with the present “Map 7, Primary Conservation Areas,” and “Map 8, Secondary
Conservation Areas,” which are based on a series of State data layers of potential natural resources
and have the 2015 Open Space Report as their source.
The areas depicted in the 2016 Comprehensive Plan are significantly greater in area than the limited
three areas from the 2006 Plan.
Staff recommends that the Commission address and resolve the Regulatory implications of the
standard shown above having been drafted to refer to a Comprehensive Plan whose maps and
description now differ significantly.
Staff recommends that the Commission consider a replacement of the language above with one that
refers directly to the Hazards, Level 1, and Level 2 Resources that have been developed by the
Commission over the past two years following detailed analysis and review of each resource:
A plan for the proposed open spaces and/or natural areas and their ongoing management shall be
established by the applicant. Such plan shall describe the intended use and maintenance of each area.
Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and
maintenance is encouraged. Existing natural resources on each site shall be protected through the
development plan. In making this finding the Development Review Board shall use the provisions of
Articles 10 and 12 of this bylaw related to Hazards, Level I Resources, and Level II Resources.
The section above also includes reference to demarcation of wetland buffer boundaries through
fencing, etc. Staff has relocated those standards to Article 12 so that they can apply citywide and not
solely in the SEQ.
5. SEQ-Natural Resources Protection District [Article 9]. The current regulations include the following
standard within the SEQ-NRP:
3
The location of structures, yards, and access drives have no portion within a designated primary
natural community or its related buffer.
See above for a review of the history of this standard; it was also first included in the Land
Development Regulations in 2006. One additional note that the term “designated primary natural
community” was (and still is) not defined in the Regulations.
The three areas shown in the 2006 Plan map (the Great Swamp; the Van Sicklen Woods; and
Cheesefactory Swamp) almost entirely overlap with the Hazards and Level 1 Resources identified in
the proposed regulations; of the handful of locations where they do not overlap entirely, the majority
of that land has been either been permanently conserved via the VT Land Trust was previously
developed (Dorset Farms), or was acquired or conserved by the City using Conservation Funds, (Scott
and Goodrich Parcels).
Staff therefore recommends that the standard above be replaced with the following:
The location of structures, yards, and access drives have no portion within a Hazard, Level 1 Resource,
Level 2 Resource or their related buffers.
6. PUD Review Authority [Article 15]. With the current PUD language remaining for the time being,
staff is recommending the following addition to the current standards:
(4) Notwithstanding section 15.02(A)(3), however, the following standards shall apply to all PUDs:
…
(d) PUD review does not provide for modification of standards related to Hazards, Level 1 Resources,
or Level 2 Resources beyond those specifically enumerated in Articles 10 and 12 of these Regulations.
The purpose of this text is to be clear that a PUD, which authorizes broad authority to modify the
standards of the Regulations, may not override the provisions of Articles 10 and 12 with respect to
Hazards, Level 1 Resources, and Level 2 Resources.
7. General Standards applicable to PUDs, Subdivisions, transect subdivisions, and master plans. [Article
15]. The current standards require that:
(4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife
habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making
this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands
and stream buffers, and may seek comment from the Natural Resources Committee with respect to the
project’s impact on natural resources.
And
(6) Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels and/or stream buffer areas. For Transect
Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article
XII of these Regulations and proposed open spaces to be dedicated to the City of South Burlington.
The Open Space Strategy was prepared in 2002. Since that time the City has prepared multiple updated
studies, established the SEQ’s Natural Resource Protection District, and is presently proposing
standards for Hazards, Level 1, and Level 2 Resources, which will expand the specific review standards
above. Staff also notes that the general text above has not been revised since the Vermont Supreme
4
Court’s JAM Golf decision, ruling a prior standard requiring the protection of “scenic views, wildlife
habitats, and special features such as mature maple groves” violated due process rights as it provided
no guidance as to what be fairly expected from landowners.
Staff therefore recommends the standards above be replaced with the following:
(4) The project’s design respects and will provide suitable protection to Hazards, Level I Resources,
and Level II Resources, and any unique natural features on the site. In making this finding the DRB shall
utilize the provisions of Articles 10 and 12 of these Regulations related to Hazards, Level I Resources,
and Level II Resources, and may seek comment from the Natural Resources Committee with respect to
the project’s impact on natural resources.
…
(6) Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels, habitat blocks, habitat connectors,
wetlands, and/or river corridors. For Transect Zone subdivisions, this standard shall apply only to the
location of natural resources identified in Articles 10 and 12 of these Regulations and proposed open
spaces to be dedicated to the City of South Burlington.
8. Submission requirements. [Appendix E]. Requirements updated to reflect preliminary and complete
requirements for applicable applications related to Articles 10 and 12.
Article 12 Note on Rare, Threatened and Endangered Species:
You will note that Taylor’s memo (and the accompanying text) removed the subsection on Rare, Threatened,
and Endangered Species (RTEs). This section was included from the start of the Commission’s work but has not
been the subject of a great deal of discussion. The standard as initially drafted required that all projects, other
than single- and two-family homes, not place an undue adverse effect on any RTE Species
After further researching this subject area, and meeting with staff from the Vermont Department of Fish and
Wildlife, staff has the following findings:
9. The geographic area of “potential” RTE species is significant. See the enclosed “Natural Resources
Map” [which staff is recommending be updated to remove the RTEs].
10. The majority of the RTE species’ actual habitat areas are found in forested areas, wetland areas, and
stream corridors.
11. In South Burlington, much of types of development that would require mitigation efforts are likely to
fall under Act 250 or Section 248 jurisdiction, which addressed RTEs.
12. Review, establishment of conditions, and enforcement for avoidance and mitigation standards
applicable to RTEs at the municipal level would require application of species-specific guidance and
action would be very significant.
Staff also met with the Natural Resources Conservation Committee earlier this month and discussed the subject
generally, including the City’s capacity to oversee a regulation of RTEs. Committee members recognized the
issue and are exploring ideas.
Based on all of the all of the above, and with consideration of the Commission’s goal of completing the
Environmental Protection Standards as its top priority, staff and Taylor Newton have proposed that RTEs NOT
be regulated in-and-of themselves at this time. However, staff is proposing that where an applicant is proposing
to modify a Habitat Block requiring a Habitat and Disturbance Assessment (HDA), the HAD include an inventory
of RTEs on the site as part of the analysis.
Page 1 of 2
To: South Burlington Planning Commission
From: Taylor Newton, Senior Planner
Date: March 10, 2021
Re: South Burlington – Article 10 and Article 12 Edits
The following is a summary of edits to Section 10.07 (River Corridor) and Article 12 completed by CCRPC
in early March 2021:
Summary of Edits by Section
Section 10.07 River Corridor Overlay District (RCO)
1. Clarified that all River Corridors are considered “Hazards,” except River Corridors on
intermittent streams which are considered “Level 2” resources.
2. Revised specific restricted infrastructure encroachment River Corridor standards to more clearly
allow for road/driveway crossings and sidewalks/paths to provide connection between
neighborhoods and access for recreational opportunities.
3. Removed the application requirement for a State Permit Review Sheet because it the
municipality is not enabled in statute to require this document for development in the River
Corridor.
Section 12.01 General Protection Standards
1. Clarified the types projects regulated under Section 12.08 – Stormwater Management that may
be reviewed via administrative site plan review.
2. Added “accessory structures” to the list of types of development that may be approved
administratively if located on steep slopes (15% to 25% grade)
Section 12.03 Wetland Protection Standards
1. Revised the purpose statement to clarify the intent of the regulations.
2. Matched Zoning District names listed in section with names used in Article 3.
3. Clarified conditions in which development may be allowed, via waiver, within a Class III wetland
and associated buffer.
Section 12.04 Rare, Threatened and Endangered Species
1. Removed standalone section and rolled regulations into Section 12.07 – Habitat Disturbance
Assessment and Section 12.10 - Restricted Infrastructure Encroachment. This is a new
approach, but still aims to protect rare, threatened and endangered species (RTEs) in South
Burlington. This new approach is proposed to streamline regulations and reflects that RTEs in
110 West Canal Street, Suite 202
Winooski, VT 05404-2109
802-846-4490
www.ccrpcvt.org
Page 2 of 2
South Burlington primarily exist in areas with other existing resources (e.g. habitat blocks,
wetlands, river corridors) that are already strictly regulated by the City.
Section 12.05 Habitat Blocks
1. Clarified that large area habitat blocks exchanges may occur within one parcel or across multiple
parcels.
2. Revised the list of land to be excluded under the substantially-habitat block-covered lots
regulations to provide additional clarity.
3. Clarified that small structures under 500 square feet are permitted within public parks that
include habitat blocks.
Section 12.07 Habitat and Disturbance Assessment (HDA)
1. Added language to purpose statement of the subsection to clarify that part of the intent of this
assessment is to protect rare, threatened, and endangered species.
2. Clarified the content requirements subsection to ensure that an HDA include an inventory of any
existing rare, threatened, or endangered species on the subject parcel.
Section 12.08 Stormwater Management
1. Revised, in concert with City of South Burlington stormwater staff, to clarify the location of new
stormwater infrastructure within rights-of-way.
Section 12.09 Steep Slopes
1. Added the ability for the DRB to impose recommendations from the required slope stability
analysis that is submitted with the application.
2. Retitled “Quarries and Natural Resource Extraction” land uses as “Removal of Earth Products” to
reflect the definition used elsewhere in the regulations.
Section 12.10 Restricted Infrastructure Encroachment
1. Clarified that street and driveway crossings are allowed as restricted infrastructure
encroachments, not just street and driveways generally.
2. Clarified that sidewalks and recreation paths may provide access to recreational opportunities.
3. Added a supplemental application standard requiring that all applications for restricted
infrastructure encroachments projects include a Habitat Disturbance Assessment.
4. Clarified that the specific standards for utility, street, and driveway crossings shall only apply to
those crossings that are not shown on the Official Map.
Definitions
1. Revised definition of “Level 1 Resources” and “Level 2 Resources” in Article 2.
LDR-20-01: Environnemental Protection Standards
Draft LDR Amendments March 11, 2021 1
LDR-20-01: ENVIRONMENTAL PROTECTION STANDARDS & RELATED
KEY TO AMENDMENTS:
This version depicts draft text only. A mark-up version is available.
Text in yellow highlights are notes to the draft
ARTICLE 2 DEFINITIONS
…
2.02 Specific Definitions
…
Building Envelope. A designated area or portion of a lot, delineated on a subdivision plat, within which all
structures, parking and loading areas, and clearing of land must be located, with the exception of driveways
and utility lines. A building envelope shall be defined by minimum setback and maximum height requirements
unless otherwise specified in these Regulations.
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit,
or Municipal Roads General Permit (MRGP), that address a primary pollution source identified in a Vermont
Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow
Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or
redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration
projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to
meet the required pollutant reductions in a TMDL.
Habitat Block. Contiguous forested and adjacent unmanaged shrubby areas of old field, young forest, and
unmanaged wetland as demarked on the Natural Resources Map. Includes areas large enough to provide
habitat, either permanently, or seasonally for wider ranging species of wildlife such as bobcat, red and grey
fox, white-tailed deer, river otter 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.
Habitat Connector. Areas in the providing wildlife served by Habitat Blocks the ability to move across the
landscape in stepping-stone fashion between Habitat Blocks as demarked on the Natural Resources Map. For
species such as fox, fisher, and bobcat, accessing multiple Habitat Blocks make up for the smaller, more
fragmented nature of the Habitat Blocks in the community.
Hazard: Floodplain overlay districts A, AE, A1-30, and 0.2% B2, River Corridors except those along intermittent
streams, Very Steep Slopes, Class 1 and Class 2 wetland and associated buffers
Level 1 Resources: A Forest Block or Forest Block Connector as regulated under Article 12.
Level 2 Resources: River Corridors along intermittent streams, Floodplain Overlay District Zone 0.2% B1 (500-
year floodplain, Class 3 wetlands (greater than 300 square feet in size) and associated buffers, and steep
slopes.
LDR-20-01 Environnemental Protection Standards
DRAFT LDR Amendments March 12, 2021 2
Rare, Threatened or Endangered Species. A wildlife or plant species identified by the Vermont Department of
Fish & Wildlife as being rare, threatened or endangered.
Significant Wildlife Habitat. Those natural features that contribute to the survival and/ or reproduction of the
native wildlife of South Burlington. This includes: (1) habitat for rare, threatened and endangered species (state
or federally listed); (2) River Corridors as defined in these regulations; (3) wetlands and wetland buffers as
defined in these Regulations; (4) Habitat Blocks, and (5) Habitat Connectors.
Site Balancing. Where stormwater control and/or treatment of certain limited areas of new, redeveloped, or
substantially reconstructed impervious surface area are not possible, the impact from these areas of untreated
impervious surfaces will be compensated on an equivalent basis by controlling and/or treating other
impervious surfaces on the lot, parcel, or property. This can be accomplished by providing additional control
and/or treatment beyond what is required for impervious surface areas already subject to the requirements
of 12.08(C) or by providing control and/or treatment for impervious surfaces that are not otherwise required
to meet the requirements of 12.08(C). The applicant must own or otherwise control the impervious surfaces
used for site balancing.
Steep Slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and 25%
containing a vertical drop of at least three (3) feet. Steep Slopes, Very. Any land formation, aside from
individual rocks, with a calculated slope of over 25% containing a vertical drop of at least three (3) feet.
Stream. A watercourse having a source and terminus, banks, and channel through which waters flow at least
periodically.
Stream, intermittent. Streams with a drainage area smaller than .5 square miles that are not subject
to the River Corridor regulations. This definition shall not include ditches and other constructed
channels primarily associated with land drainage or water conveyance.
Substantial reconstruction. The reconstruction of an impervious surface where an impervious surface
currently exists when such reconstruction involves site grading, subsurface excavation, or modification of
existing stormwater conveyance. Substantial reconstruction does not include maintenance or management
activities on impervious surfaces including any crack sealing, patching, cold planning, resurfacing, or reclaiming
treatments used to maintain pavement and bridges, or grading treatments used to maintain unpaved roads.
Undue Adverse Effect. An impact that 1) violates a clear, written community standard under these regulations,
and that 2) cannot be mitigated through siting or design modifications or conditions of approval.
Wetland. An area that is inundated by surface or groundwater with a frequency sufficient to support
vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and
reproduction. Such areas include, but are not limited to, fens, marshes, swamps, sloughs, potholes, ponds, but
excluding such areas as grow food or crops in connection with farming activities. The boundary of a wetland
shall be delineated by the methodology set forth in the 1989 edition of the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, or any subsequent amendment or revision of that document. Wetlands
are classified as Class I, Class II, or Class III wetlands by the most recently adopted Vermont Wetland Rules.
2.03 Definitions for Flood Hazard and River Corridor Purposes
Average grade level. The average of the natural or exiting topography at center of all exterior walls of a building
or structure to be placed on site.
LDR-20-01 Environnemental Protection Standards
DRAFT LDR Amendments March 12, 2021 3
Substantial damage. In Floodplain Overlay District Zones A, AE, and A1-30, damage of any origin sustained by
a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or
exceed 50 percent of the market value of the structure before the damage occurred. In Floodplain Overlay
District Zones 0.2% B1 and B2, damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damaged conditions would equal or exceed 75 percent of the market value of the
structure before the damage occurred.
Substantial improvement. In Floodplain Overlay District Zones A, AE, and A1-30, any repair, reconstruction,
rehabilitation, addition, or other improvement of a structure after the date of adoption of this bylaw, the cost
of which, over three years, or over the period of a common plan of development, cumulatively equals or
exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement.
In Floodplain Overlay District Zones 0.2% B1 and B2, any repair, reconstruction, rehabilitation, addition, or
other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three years,
or over the period of a common plan of development, cumulatively equals or exceeds 75 percent of the market
value of the structure before the “start of construction” of the improvement.
This term includes structures which have incurred “substantial damage”, regardless of the actual repair work
performed. The term does not, however, include either: (a) Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications which have been
previously identified by the local code enforcement official and which are the minimum necessary to assure
safe living conditions or (b) Any alteration of an “historic structure”, provided that the alteration will not
preclude the structure’s continued designation as an “historic structure”.
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ARTICLE 3 GENERAL PROVISIONS
3.01 Establishment of Districts and Description of Certain Districts
…
B. Description of Certain Districts.
(1) Floodplain Overlay District. The boundaries of the Floodplain Overlay District shall include those
areas that are identified as areas of special flood hazard (Zones A, AE, A1-30, and 0.2%) in and on the most
current flood insurance studies and maps published by the Department of Homeland Security, Federal
Emergency Management Agency, National Flood Insurance Program, as provided by the Secretary of the
Agency of Natural Resources pursuant to 10 V.S.A. Chapter 32 § 753, which are hereby adopted by
reference and declared to be part of these regulations. Zone 0.2% has been further divided into Zone B1
and Zone B2 on Map ****, and Map *** is hereby incorporated into these Regulations. The location of
the boundary shall be determined by the Administrative Officer (AO).
(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 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%, and are separated into a zone that reflects generally developed and priority development
areas, and a zone that reflects generally undeveloped areas.
3.02 Official Maps and Other Maps
…
D. Natural Resources Map. The Natural Resources map identifies Hazards, Level I Resources and Level II
Resources that are subject to the restrictions set forth in Articles 10 and 12 of these
3.04 Applicability of Regulations
…
H. Undue Adverse Effect. Where the terms Undue Adverse Effect or Undue Adverse Impact are used in
these Regulations, the Development Review Board shall apply the test enumerated in Figure 3-0, Determining
Undue Adverse Effect
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Figure 3-0 Determining Undue Adverse Effect
The following test shall be used by the Development Review Board in all circumstances when the South Burlington Land
Development Regulations requires the Development Review Board to determine whether or not an undue adverse effect is being
created.
1. First, the Development Review Board shall determine if a proposed project will have an adverse effect upon the resource,
issue and/or facility in question. The Development Review Board shall determine such by responding to the following
question:
(a) Will the project have an unfavorable impact upon the resource, issue and/or facility in question?
2. If it is determined by the Development Review Board that an adverse effect will be being created by a project, the
Development Review Board shall then determine if the adverse effect is “undue.” To determine whether or not an adverse
effect is undue, the Development Review Board shall respond to the following two questions:
(a) Will the project conflict with a clear, written standard in these regulations or the Municipal Plan applicable to the
resource, issue or facility in question?
(b) Can the unfavorable impact be avoided through site or design modifications, or mitigation, or other conditions of
approval?
The Development Review Board shall conclude that adverse effect is “undue” if the answer to 2(a) is YES OR the answer to 2(b) is
NO.
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ARTICLE 9 SOUTHEAST QUADRANT – SEQ
9.06 Dimensional and Design Requirements Applicable to All Sub-Districts
…
B. Open Space and Resource Protection.
(1) Open space areas on the site shall be located in such a way as to maximize opportunities for
creating usable, contiguous open spaces between adjoining parcels, creating or enhancing stream buffer
areas, or creating or enhancing buffers for primary or secondary natural communities.
(2) Building lots, streets and other structures shall be located in a manner consistent with the
Regulating Plan for the applicable sub-district, allowing carefully planned development at the average
densities provided in this bylaw.
(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall
be established by the applicant. Such plan shall describe the intended use and maintenance of each area.
Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and
maintenance is encouraged. Existing natural resources on each site shall be protected through the
development plan. In making this finding the Development Review Board shall use the provisions of
Articles 10 and 12 of this Bylaw related to Hazards, Level I Resources, and Level II Resources.
(4) Sufficient grading and erosion controls shall be employed during construction and after
construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the
subject property and adjacent properties. In making this finding, the Development Review Board may rely
on evidence that the project will be covered under the General Permit for Construction issued by the
Vermont Department of Environmental Conservation.
C. Agriculture. The conservation of existing agricultural production values is encouraged through
development planning that supports agricultural uses (including but not limited to development plans that
create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations
and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil
group) such as but not limited to community-supported agriculture. Provisions that enhance overall
neighborhood and natural resource values rather than preservation of specific soil types are strongly
encouraged.
9.12 SEQ-NRP; Supplemental Regulations
A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental
regulations:
(1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified
land trust and shall not be developed with a residence, or
(2) Such lot may be developed with a residence or residences pursuant to a conservation plan
approved by the Development Review Board. See 9.12(B) below.
(3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the
Development Review Board’s approval of a conservation plan that balances development or land
utilization and conservation. Such lot may also include the following additional development/activities:
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(a) Driveways, roads, underground utility services, or other appurtenant improvements to serve
approved development or uses. Utility service components, such as transformers and amplifiers, may
be installed at ground level where such accords with standard industry practices.
(b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot.
B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a
SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject to
conditional use review and the following supplemental standards:
(1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit no
more than one (1) single family dwelling unit only if:
(a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate
the construction and use of a single family dwelling unit in compliance with these Regulations, and;
(b) The location of structures, yards, and access drives have no portion within a Hazard, Level 1
Resource, Level 2 Resource or their related buffers.
(2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board
may allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling
unit on each of these lots only if:
(a) The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of at least three (3) single family dwelling units
on lots approvable in compliance with these Regulations.
(i)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to
accommodate the construction and use of at least three (3) single family dwelling units on lots
approvable in compliance with these Regulations, no subdivisions of land or construction of new
dwelling units shall be permitted in the NRP subdistrict;
(ii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to
accommodate the construction and use of two (2) single family dwelling units on lots approvable
in compliance with these Regulations, the subdivision of land and construction of up to one (1)
new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these
Regulations;
(iii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to
accommodate the construction and use of one (1) single family dwelling units on lots approvable
in compliance with these Regulations, the subdivision of land and construction of up to two (2)
new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these
Regulations;
(iv)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is insufficient to
accommodate the construction and use of any single family dwelling units on lots approvable in
compliance with these Regulations, the subdivision of land and construction of up to three (3)
new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these
Regulations; and,
(b) such lots shall have a minimum size of 12,000 square feet per dwelling unit , and,
(c) the location of structures, yards, and access drives have no portion within a Hazard, Level 1
Resource, Level 2 Resource or their related buffers, and,
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(d) The location of structures and access drives are clustered such that no dwelling unit is located
more than one hundred (100) feet from any other structure, and,
(e) The dwelling units shall be detached single family dwellings, and,
(f) Such subdivision plan shall be subject to the Development Review Board’s approval of a
conservation plan in a form acceptable to the City Attorney that permanently encumbers the land
against further land subdivision and development.
C. A single tax parcel existing as of the effective date of these regulations which exceeds one hundred
(100) acres and is located entirely within the NRP sub-district, as shown on the South Burlington Tax Maps last
revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided at an average overall
density for the entire tax parcel of one (1) single-family dwelling per ten (10) acres. Any new lots so created
shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall be clustered in a manner
that maximizes the resource values of the property and shall have no portion within a Hazard or Level I
Resource Area or their related buffers. All dwelling units shall be detached single family houses. Such
subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form
acceptable to the City Attorney that permanently encumbers the land against further land subdivision and
development.
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10 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO, RCO
10.01 Floodplain Overlay District (FP)
[NOTE TO DRAFT: SECTION 10.01 IS DISPLAYED A COMPLETE REPLACEMENT OF THE EXISTING TEXT.
EXISTING TEXT IS SHOWN WITH STRIKETHROUGH FOLLOWING SECTION]
A. Purpose. It is the purpose of the Floodplain Overlay District to:
1. Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax
base, and the extraordinary public expenditures and demands on public services that result from
flooding;
2. Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished
in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream
corridor;
3. Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard
mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal
flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414,
there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington
identified as within the Floodplain Overlay District designated in Section 3.01(B).
C. [reserved]
D. Administration
1. Floodplain Review. All development in the City of South Burlington located within the Floodplain
Overlay District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other
existing zoning districts. All other requirements of the underlying district shall apply in addition to the
provisions herein, unless otherwise indicated. The Floodplain Overlay District is composed of two
areas:
a. Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1-
30.
b. Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and on Map ****, and Map ***, and
mapped as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1 is
composed of areas of the 500-year floodplain that are already substantially developed and
where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.
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2. Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer.
If the applicant disagrees with the determination made by the Administrative Officer, a Letter
of Map Amendment from FEMA shall constitute proof that the property is not located within
the Special Flood Hazard Area.
b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative Officer,
the applicant may appeal the determination in accordance with Article 17.
3. Base Flood Elevations and Floodway Limits.
a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski
River), the base flood elevations and floodway limits (or data from which a community can
designate regulatory floodway limits) provided by the National Flood Insurance Program in
the Flood Insurance Study and accompanying maps shall be used to administer and enforce
the provisions of these regulations.
b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits
have not been provided by the National Flood Insurance Program in the Flood Insurance Study
and accompanying maps, it shall be the responsibility of the applicant to develop the base
flood elevation at the site using data available from state or federal agencies or other sources.
4. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. These regulations shall not create liability on
the part of the City of South Burlington, or any municipal official or employee thereof, for any flood
damages that result from reliance on these regulations, or any administrative decision lawfully made
hereunder.
5. Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or
remove the necessity of compliance with any other local, state, or federal laws or regulations. Where
these regulations imposes a greater restriction the provisions here shall take precedence.
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.
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c. Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
d. Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
e. Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
f. Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
g. Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
h. The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection
Rule, Chapter 29):
i. State-owned and operated institutions and facilities.
ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with
the Vermont Department of Forests and Parks Acceptable Management Practices for
Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture
Food and Market’s Required Agricultural Practices (RAPs).
iv. Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
i. Telecommunications facilities regulated under 30 V.S.A. § 248aPlanting projects which do not
include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E. Floodplain Review Application Requirements
1. Application Submission Requirements. All applications for Floodplain Review shall include:
a. Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay
District boundaries – all zones), the shortest horizontal distance from the proposed
development to the top of bank of any river, any existing and proposed drainage, any proposed
fill, pre- and post-development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps; and
b. Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
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2. Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
a. Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain
of the Winooski River:
i. New, substantially improved, or substantially damaged structures;
ii. Projects requiring elevation or dry-floodproofing above BFE;
iii. Additions to existing historic structures; and
iv. Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
b. Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by
FEMA, but no floodway areas have been designated, the applicant shall provide a
floodway delineation that demonstrates that the proposed development, when
combined with all existing and anticipated future development, will not increase the
water surface elevation of the base flood by more than one foot at any point within
the community.
c. Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
d. Erosion Control Projects. For projects involving erosion control measures within the floodplain
on Lake Champlain, the applicant shall submit: [note to draft: need to further refine]
i. Renderings or other additional information relevant and necessary to evaluating the
aesthetic or visual impact of the proposed improvement. [from Taylor Newton: See
note below. Consider removing this requirement and accompanying standard.]
ii. A landscaping plan.
3. Waivers. Upon written request from the applicant, the Development Review Board may waive specific
application requirements when the data or information is not needed to comply with these
regulations.
F. Floodplain Review - Development Review Process. All applications for development in the Floodplain
Overlay District shall be reviewed according to the following procedures:
1. Referrals.
a. NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
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application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
b. Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation. A permit may be issued only following receipt of
comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from
the date the application was mailed to the Vermont Agency of Natural Resources, whichever
is sooner.
2. Review Process.
a. Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
i. Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
ii. Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
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.
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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 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. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to ensure
that it complies with the following standards:
1. Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
a. New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
b. New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
c. New critical facilities;
d. Excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table, interfere with natural flow patterns, or reduce
flood storage capacity;
e. Storage or junk yards;
f. New fill except as necessary to elevate structures above the base flood elevation.
g. Within the floodway: new encroachments, except for minor improvements to existing structures
or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or
floodplain restoration projects, or health and safety measures. Minor improvements are those
that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk
Reference for Local Officials.
2. Development in the Floodway. Within the floodway, the following standards apply to all development:
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a. New encroachments are prohibited within the floodway, except for the following, which also shall
comply with subsection (b) below:
i. New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities,
functionally dependent uses, and river or floodplain restoration projects; and
ii. New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
b. For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with standard
engineering practice, by a registered professional engineer, and shall certify that the proposed
development will:
i. Not result in any increase in flood levels during the occurrence of the base flood;
ii. Not increase base flood velocities; and
iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
c. For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
d. For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.
3. Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
a. All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
b. All development shall be designed (I) to minimize flood damage to the proposed development
and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to
flood hazards.
c. All development shall be (I) designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be
constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
d. Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. On site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
e. Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
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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 flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
submitted and a licensed professional engineer or architect has certified that the
structure has been constructed in accordance with accepted standards of practice for
meeting the provisions of this subsection.
h. Basements. For all new construction and substantial improvements, fully enclosed areas below
grade on all sides (including below grade crawlspaces and basements) shall be prohibited. [note
to draft: ensure that this is clear that pre-existing enclosed areas below grade would need to be
removed or closed in in the instance of a substantial improvement].
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
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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.
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
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regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless
hydrologic and hydraulic analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the proposed development will: a)
Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and
b) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
p. Erosion Control Measures on Lake Champlain. The installation of erosion control measures
within may be approved by the DRB provided the following standards are met:
i. The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
ii. The improvement will not increase the potential for erosion.
iii. The project will not have an undue adverse effect on the aesthetic integrity of the
lakeshore. [Taylor Newton notes this is subjective and advises removal]
iv. The project shall preserve, maintain and supplement existing trees and ground cover
vegetation to the greatest extent possible.
4. Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these
additional standards:
a. All land lying within a River Corridor as defined in these regulations is subject to the standards
of Section 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% B1 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.
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.
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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.
…
10.07 River Corridor Overlay District (RCO)
[NOTE TO DRAFT: SECTION 10.07 IS DISPLAYED A COMPLETE REPLACEMENT OF THE EXISTING TEXT.
EXISTING TEXT IS SHOWN WITH STRIKETHROUGH FOLLOWING SECTION]
A. Purpose. It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space
necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural,
physical processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors;
(4) Protect and improve the quality of surface waters and streams within the City of South Burlington;
and
(5) Provide sufficient space for wildlife habitat along rivers and streams.
(4) Provide allowances for infill and redevelopment of designated centers that are within river corridors.B.
Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a
bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
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D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F. District General Provisions
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the
underlying district, or another overlay district such as the Flood Hazard Overlay District, shall apply in
addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with another
such district, the stricter provision shall apply.
(2) RCO District Boundaries. The boundaries of the RCO District are as follows:
(a) All River Corridors as published by the Vermont Agency of Natural Resources (including the
Statewide River Corridors and refinements to that data based on field-based assessments which are
hereby adopted by reference).
(b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever
is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash
Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural
Resources.
(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and
streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out
in the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) RCO District – Classification. River Corridors shall be classified in the following manner per Section
12.01:
(a) River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level 2
resources.
(b) All Other River Corridors. River Corridors on all other streams shall be considered a Hazard
resources.
(4) Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with respect
to the boundaries of the RCO the location of the boundary on the property shall be determined by the
Administrative Officer (AO). If the applicant disagrees with the determination made by the AO or the river
corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
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(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District. The following types of development are prohibited
in the RCO District:
(a) All development, including new structures, structure additions, fill, accessory dwelling units,
and any other development that is not expressly listed as at least one of the Exempted Activities or
Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.
(2) Exempted Activities. The following activities do not require a permit under this section of the
bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a
change to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs parallel to
the river is not exempt and shall meet the Development Standards in section 10.07(I) below), dams,
dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams
that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit,
if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s
“Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by
the Commissioner of Forests, Parks and Recreation.
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(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture,
Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm
structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall
contain a sketch of the proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A.
§ 248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance
with 24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to
exceed ten (10) feet in width. [note to draft: Have ANR review]
(j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure.
Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure
within the River Corridor in existence as of the effective date of these regulations.
(k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive
species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food
& Markets, within the River Corridor is an exempt from these regulations.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs and the standards of this section.
(a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for
the protection of the public health, safety and welfare.
(b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.10
and the standards of this section.
(c) Replacement of on-site septic systems. [note to draft: review against state regulations]
H. Development Review Classification & Referral to Outside Agencies
(1) All land development proposed in the River Corridor is subject to review standards outlined in
Section 12.01(D).
(2) Referrals to outside agencies
(a) Upon receipt of a complete application for development in the River Corridor, the
Administrative Officer shall submit a copy of the application and supporting information to the State
National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in
accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from
the Agency, or the expiration of 30 days from the date the application was mailed to the Agency,
whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of
the application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of
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DRAFT LDR Amendments March 12, 2021 23
30 days from the date the application was mailed to the Vermont Agency of Natural Resources,
whichever is sooner.
I. Development Standards. The criteria below are the minimum standards for development in the RCO
District.
(1) New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.
(2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an
undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally
prohibited. This standard also does not apply to forestry operations or silvicultural (forestry)
activities exempt from local zoning regulation or the removal of trees that are dead, diseased,
heavily damaged by ice storms or other natural events, or identified as an invasive species. [note
to draft: review exemptions with County Forester] The placing or storing of cut or cleared trees
and other vegetation is also prohibited.
(a) Pre-existing Non-conforming Lawn Areas. The following section pertains the applications for
new development on lots with pre-existing non-conforming lawn areas located within the River
Corridor.
(i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on
lots with existing single or two-household dwelling uses, and pre-existing non-conforming
lawn areas in the River Corridor, shall not be required to brought into conformance with
the natural vegetation requirement in these regulations.
(ii) All Other Land Uses. Development on lots with any other land use (beside a single or two-
household dwelling), and that also includes pre-existing non-conforming lawn areas in the
River Corridor, shall only be approved if the applicant removes at least 50% of the pre-
existing non-conforming lawn area within the River Corridor and completes site
remediation. Site remediation shall include re-seeding the subject area with a naturalized
mix of grasses rather than standard lawn grass and returning the area to a natural state
(no mowing).
(3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
in the River Corridor provided the proposed land development conforms with the following
standards:
(a) The facility shall comply with the standards in Section 12.10;
(b) The facility must be located at least twenty five (25) feet from the edge of the channel of the
surface water for all water bodies listed in Section 10.07(F)(2)(b) above and ten (10) feet from
the edge of channel of the surface water of all other streams. This standard shall not apply to
the intake of municipal or community water system, or the outfall of a municipal wastewater
treatment or stormwater treatment projects, all of which are functionally dependent upon
access to surface waters. This standard shall also not apply to road crossings, driveway crossings,
public sidewalks and recreation paths (including bridges and boardwalks) intended to connect
parcels and neighborhoods, or provide recreational opportunities, approved under Section
12.10;
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure; and,
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DRAFT LDR Amendments March 12, 2021 24
(d) The facility shall comply with Section 10.07(I)(5).
(4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of
the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
landscaping along the border of the River Corridor.
(5) All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed development
will not be any closer to the river than existing adjacent development.
(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
i.Infill Development. Infill development must be located no closer to the channel than the
adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1);
or,
ii.Down River Shadow. Development shall be located in the shadow area directly behind and
further from the channel than the existing structure, or within 50 feet of the downstream side
of the existing habitable structure and no closer to the top of bank or slope, as applicable.
Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
Figure 1: In-fill Development Standard
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iii.River Corridor Performance Standard. The proposed development shall:
(a) not be placed on land with a history of fluvial erosion damage or that is imminently
threatened by fluvial erosion; and,
(b) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium
conditions; and,
(c) not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(d) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis
from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 10.07(I)
Development Standards above; or
Figure 2: Shadow Area Development Standard
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(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 10.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
10.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the
general public and promote the public trust uses of the water shall include a condition prohibiting the
permittee from actively managing the applicable section of river solely to protect the public water
access from lateral river channel adjustment.
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife
passage for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
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12 ENVIRONMENTAL PROTECTION STANDARDS
[NOTE TO DRAFT: ARTICLE 12 IS SHOWN AS A COMPLETE REPLACEMENT OF THE
EXISTING TEXT. THE EXISTING TEXT IS SHOWN WITH A STRIKETHROUGH FOLLOWING
THE ARTICLE].
12.01 General Protection Standards and Review Procedures
12.02 Reserved
12.03 Wetland Protection Standards and Review Procedures
12.04 Reserved
12.05 Habitat Blocks
12.06 Habitat Connectors
12.07 Habitat and Disturbance Assessment
12.08 Stormwater Management
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 goals and objectives of the Comprehensive Plan.
This Article establishes application requirements and development standards designed to avoid or minimize
undue adverse effects on these natural resources. The natural resources regulated in this article may also be
subject to specific subdivision or planned unit development standards. Where there is conflict between
subdivision or planned unit development standards, and the standards in this article, the standard that
imposes the greater restriction shall apply.
B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and
Level II resource areas.
Table 12-01 – Classification of Natural Resources
Location in
Regulations
Initial
Identification
Field Verification /
HDA
Hazards
Floodplain (1% and 0.2% B2), Floodway 10.01 FEMA FIRM Yes
River Corridor except intermittent streams 10.07 ANR Atlas Yes
Class I, II Wetlands, Buffers 12.03 ANR Atlas Yes
Very Steep Slopes (25+%) 12.09 ANR Atlas If impacted
Level I Resources
Habitat Blocks 12.05 City LDR Map HDA Optional
Habitat Connectors 12.06 City LDR Map HDA Optional
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Level II Resources
Floodplain (0.2% Zone B1) 10.01 FEMA FIRM If Impacted
Class III Wetlands, Buffers 12.03 ANR Atlas If impacted
Steep Slopes (15 to 25%) 12.09 ANR Atlas If impacted
River Corridor - Intermittent Streams 10.07 Site Mapping If impacted
C. Applicability of Standards. All development must comply with the provisions of this Article, unless
otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and
working lands, unless explicitly waived or amended in this section. Exemptions 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.
D. Development Review Process. All development that may encroach upon a natural resource regulated
in Article 12 shall be subject to Site Plan Review by the Development Review Board (see Article 14). However,
if the encroachment is proposed as a part of a subdivision or Planned Unit Development application, the
proposed encroachment shall be reviewed under those procedures instead of Site Plan Review. Other
exceptions include:
(1) Applications for proposed development that solely include development related to stormwater
management (Section 12.08) may be reviewed via administrative Site Plan Review (Section 14.09).
(2) Applications involving development on Steep Slopes between 15% and 25% grade (Section 12.09)
shall be reviewed via administrative Site Plan Review (Section 14.09), unless the application is for a single-
household dwelling or two-household dwelling or associated accessory structures, in which case the
application may be approved via a zoning permit reviewed by the Administrative Officer.
(3) Applications involving an Environmental Restoration Project may be reviewed via administrative
Site Plan Review (Section 14.09).
12.02 [Reserved]
12.03 Wetland Protection Standards
A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect
wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife
habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their
respective buffers via the standards of this section. The City also intends to provide protection that offers
limited flexibility for larger class III wetlands (over 300 square feet in size) and their respective buffers, and to
Class II wetlands and their respective buffers in specific identified areas of the city.
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B. Applicability. All development in the City of South Burlington shall comply with the requirements of
this section. The requirements of this Section will apply to all lands described as follows, collectively referred
to as Wetlands Areas and Related Buffers:
(1) Class I Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Institutional
and Agricultural and Municipal only) zoning districts, as established in Section 3.01 of these
Regulations, all Class I wetlands, and their related buffer areas as measured in horizontal distance
from the boundary of the wetland one-hundred (100) feet, are subject to the provisions of this
section.
(b) Residential Districts and the Park and Recreation Districts. In all Residential and Other (excepting
those enumerated in Subsection B(1)(a)) zoning districts, as established in Section 3.01, all Class I
wetlands, and their related buffer areas as measured in horizontal distance from the boundary of
the wetland two hundred (200) feet, are subject to the provisions of this section.
(2) Class II Wetlands and Related Buffers.
(a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Institutional
and Agricultural and Municipal only) zoning districts, as established in Section 3.01 of these
Regulations, all Class II wetlands, and their related buffer areas as measured in horizontal distance
from the boundary of the wetland fifty (50) feet, are subject to the provisions of this section.
(b) In all Residential and Other (excepting those enumerated in Subsection B(1)(a)) zoning districts,
as established in Section 3.01, all Class II wetlands, and their related buffer areas as measured in
horizontal distance from the boundary of the wetland one hundred (100) feet, are subject to the
provisions of this section.
(3) Class III Wetlands. All Class III wetland areas 300 square feet or larger in size, and their related fifty (50)
foot buffer areas measured in horizontal distance from the boundary of the wetland, are subject to the
provisions of this section. Class III wetlands less than 300 square feet in size are not regulated by the
City.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as
applicable to the stage of application) pursuant to Appendix E.
(1) Per Section 17.08, the DRB may require independent technical review of any field delineation and
wetlands report.
(2) For applications involving Class I and/or Class II wetlands, the applicant’s application may include a
wetlands delineation approved by the Vermont Agency of Natural Resources as a part of the State
Wetlands Permit. The DRB may defer to this delineation in their review of the application instead of
requiring an additional or separate delineation.
D. Standards for Wetlands Protection
(1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II
wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their
associated buffers, shall be left in an undisturbed, naturally vegetated condition.
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(2) Class III Wetlands. Development in a Class III wetland (meeting 300 square foot threshold), and
associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed,
naturally vegetated condition. However, an applicant may seek to waive or modify this standard per
the regulations in Section 12.03(E).
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of
the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation.
(4) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section 12.10
and the following supplemental standards:
(a) Roadway paved surfaces 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 enable wildlife passage.
E. Waivers and Modifications
(1) An applicant may request a waiver or modification, in writing, from the rules of this section for any
development in the following areas:
(a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning
Districts.
(b) Development in a Class III wetland exceeding 300 square feet in area and associated buffer
within all zoning districts.
(2) The DRB may grant a waiver or modification from the rules of this Section only if all the following
standards are met:
(a) The waiver or modification shall be the minimum required to accommodate the proposed
development;
(b) The proposed development will not have an undue adverse effect on the planned character of the
area, as defined by the purpose statement of the zoning district within which the project is located,
or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the property
adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland functions
and values identified in the field delineation.
12.04 [Reserved]
12.05 Habitat Blocks
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A. Purpose. It is the purpose of these Habitat Block standards to avoid undue adverse effects from
development on these resources, promote the natural succession of vegetated areas of native vegetation
in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase
infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability. The requirements of this Section apply to all development proposed in areas indicated as
“Habitat Blocks” on the Natural Resources Map, except as follows:
(1) On lots or parcels of less than one (1) acre in size existing as of the effective date of these Regulations;
(2) On land located within 50’ horizontal distance of a principal building on the subject parcel existing as
of the effective date of these regulations;
(3) On land authorized by the Development Review Board to be removed from or added to a Habitat Block
pursuant to the modification options of this section or as part of a Conservation Planned Unit
Development.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as
applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a
Habitat Disturbance Assessment, the submittal requirements of Section 12.07 shall apply.
D. Modification of Habitat Block. An applicant may request approval from the Development Review Board
to modify a mapped Habitat Block in any of the following manners. An applicant may select any one of the
options three modification methods below. A development application may not include more than one
option for any application.
Land located within 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 for any of
the modification methods for habitat blocks subject to this section.
(1) Minor Habitat Block Boundary Adjustment. An applicant may apply to 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 modification
in Habitat Block area must be offset with an equal addition elsewhere within the same subject parcel
or Planned Unit Development that is contiguous to the Habitat Block. In no case shall the Development
Review Board approve a net reduction of a Habitat Block.
(2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a mapped Habitat Block
area not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is
less, for an equal amount of land within the same Planned Unit Development or Site Plan upon written
request, without requiring a Habitat and Disturbance Assessment. Such land exchange must not include
Core Habitat Areas and shall not eliminate existing Habitat Connectors. To approve a small on-site
habitat block exchange, the Development Review Board shall require the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for
exchange; and
(b) Retain mature and/or prominent tree stands.
(3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a mapped Habitat Block area
in exchange for an equal amount of land within the same Habitat Block upon written request, and
pursuant to the standards of this Section. The exchange of land within the same Habitat Block may
occur within one parcel or on separate parcels.
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(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) Supplemental Standards of Review. The Development Review 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 a 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 must be designed to have no undue
adverse effects 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 contiguous to the habitat block and unseparated by
roadways, railways, or other impeding infrastructure.
(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.
E. 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:
(1) [Reserved]
(2) 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 a Hazard or Level 1 resources;
• Second: Land that is not characterized by a preponderance of mature trees; [note to draft: Seeking
Input from County Forester to define – 3/2021]
• Third: Land within Habitat Blocks, excluding Core Habitat Block areas or which would sever a
Habitat Connector.
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• Fourth: Land within Habitat Blocks, avoiding core habitat block areas to the greatest extent
possible;
(a) Calculation: Land shall be selected from first to fourth If all applicable land on the lot or parcel
from one category is excluded, and the thirty (30) percent allotment of excluded land has not been
reached, then land from the next category land shall be selected next.
(b) 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.
(c) Any land excluded from Habitat Blocks regulated under this subsection shall remain subject to all
other provisions of these Regulations.
F. Standards for Habitat Block Protection.
(1) General standards. Except as specifically exempted pursuant to 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 within Habitat Blocks is prohibited.
(d) Snow storage areas within Habitat Blocks are prohibited.
(e) Building envelopes shall not contain any land within Habitat Blocks.
(f) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
G. Exempted Uses and Activities. The following uses and activities are exempt from review under this
section:
(1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width,
or their width prior to adoption of these regulations, whichever is greater;
(2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing
an imminent threat to buildings or infrastructure; and,
(3) Uses and activities enumerated in Section 12.01C.
H. Development within Habitat Blocks. The encroachment of new development activities, clearing of
vegetation, establishment of lawn, or other similar activities into Habitat Blocks and Habitat Block buffers
is prohibited. However, the DRB may allow the following types of development within a Habitat Block
where a modification option has been approved pursuant to 12.05(D) and subject to the standards in
Section 12.05(F):
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.10 and the following supplemental
standards:
(a) The facility shall be strictly limited to be minimum width necessary to function for its intended
purposes;
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(b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum
necessary width to function for its intended purposes). Street tree requirements shall not apply
in these area). Street lighting shall be prohibited in these areas except as necessary to meet
State or Federal law; and,
(c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or
elimination of curbs, reduced speed limits, and/or signage altering users, and underpass or
culverts.
(2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use is
located outside the habitat block.
(a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All
such structures must be consistent with the adopted management plan for the park, if one exists.
Where a management plan has been adopted for the park, the
(3) Research and educational activities provided any building or structure (including parking and
driveways) appurtenant to such use is located outside the Habitat Block.
(a) Research and educational structures not exceeding 500 square feet gross floor area, such as
seating areas made of natural materials, storage sheds, or climbing structures, may be allowed
within a Habitat Block or Habitat Block buffer.
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.
(2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of
the effective date of these regulations.
C. Standards.
(1) The applicant shall retain a 150-foot wide Habitat Connector where indicated on the Habitat Blocks and
Connection Map.
(2) Contiguous Hazards, or other contiguous protected natural resources regulated in Article 12, may be
used to count towards the connector width.
(3) Habitat Connectors shall be subject to the provisions of 12.05(F) Habitat Blocks Standards.
(4) Relocation of Habitat Connector. An applicant may apply to relocate a Habitat Connector 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 qualified consultant (e.g. landscape architect, professional wildlife biologist or
equivalent). The restoration plan shall consist of planting native tree species (at least 2 inches in caliper)
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within areas of the relocated Habitat Connector and shall result in the land functioning as wildlife
habitat within a period of ten (10) years time. [note to draft: staff reaching out to ANR to review]
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels
where development is proposed and pre-existing conditions consist of Habitat Connectors that are less
than 150 feet in width along their entire length of the Habitat Connector. Restoration shall consist of
planting native tree species (at least 2 inches in caliper) within areas of the Habitat Connector less than
150 feet wide. The applicant may request, in writing, to waive this requirement. [note to draft: staff
reaching out to ANR to review] The DRB may grant a waiver only if restoration of the Habitat Connector
is not possible due the placement of pre-existing structures on the subject parcel.
12.07 Habitat and Disturbance Assessment (HDA)
A. Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant
wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject
properties with mapped Habitat Blocks and Habitat Connectors (Section 12.05 and Section 12.06) where
an applicant is seeking to relocate a portion of the Habitat Block or Habitat Connector.
B. HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract
with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development
Review Board shall include the following information:
(1) Site Conditions Map including all Habitat Blocks and 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 rare, threatened, and/or endangered species and significant wildlife habitat, and an inventory of
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 relative to other significant wildlife
habitat present in the City (e.g., does habitat found on the parcel provide for connectivity between
mapped habitat blocks; is the parcel located contiguous to other significant wildlife habitat, or part of
a habitat block);
(4) Identification of the distance of all proposed development activities (as permitted), including clearing,
driveways and infrastructure, and areas of disturbance, from the significant wildlife habitat and, if
significant 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
disrupted;
(6) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or minimize the
proposed development’s impact on the habitat, including buffers of habitat for specific identified
species, possible replacement or provisions for substitute habitats that serve a comparable ecological
function to the impacted habitat, and/or physical design elements to incorporate into the project.
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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 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 application requirements in Section 12.08(C) and the site design
requirements in section 12.08(D) 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 12.08(D).
All new impervious surface area must meet the site design requirements of section 12.08(D).
(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 (D). All new impervious surface area must
meet the site design requirements of Section 12.08(D).
C. Application Requirements. Applicants required to comply with Section 12.08 shall provide the following
information in their application:
(1) Sub-watershed boundaries and drainage area delineations for all stormwater treatment practices.
(2) Location, type, material, size, elevation data, and specifications for all existing and proposed
stormwater collection systems, culverts, and stormwater treatment practices.
(3) 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).
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(4) 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.
(5) A detailed maintenance plan for all proposed stormwater treatment practices.
(6) Modeling results that show the existing and post-development hydrographs for the WQv storm event,
the one-year, twenty-four hour rain event, and the twenty-five year, twenty-four hour storm 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. The intent of the twenty-five year storm event
analysis is to ensure the proposed project does not overload an existing downstream drainage
structure(s) and result in damage to private or public infrastructure or property. The analysis is also
intended to ensure that stormwater infrastructure installed as a part of a development can
accommodate future upstream development.
(7) The applicant’s engineer must provide such information as the stormwater superintendent or designee
deems necessary to determine the adequacy of all drainage infrastructure.
D. Design Requirements - On-Site Treatment. Applicants shall meet the following standards for on-site
treatment of stormwater:
(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(D)(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(D)(2). Existing Tier
3 practices shall only be used to satisfy the requirements of Section 12.08(D)(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.
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(3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff per
section 12.08(D)(1) and 12.08(D)(2) cannot be achieved for areas subject to these regulations per
Section 12.08(B) may utilize Site Balancing as defined in these Regulations.
(4) New drainage structures shall 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) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure
elevation.
(c) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
E. Design Requirements – Impacts to Municipal System. Stormwater runoff from sites meeting the
requirements of Section 12.08(D), or sites that are exempt from §12.08(D), may discharge to the municipal
stormwater system, or a stormwater system within a proposed future municipal right-of-way, provided
that the stormwater system has adequate capacity to convey the twenty-five year storm event from the
contributing drainage area. All applicants shall meet the following standards if it is determined that their
project may have impacts to municipal stormwater system:
(1) New drainage structures connected to the municipal stormwater system, or a stormwater system
within a proposed future municipal right-of-way, shall comply with the following standards:
(a) New drainage structures should be located within the street right-of-way
(b) 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);
(c) Drainage pipes 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 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 shall be provided
with a backflow preventer.
(h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
(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
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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).
(3) Responsibility for Downstream Drainage Structures. In instances where the Stormwater
Superintendent anticipates that additional runoff incident from a proposed development 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.
F. Intermittent Stream Alteration and Relocation Standard.
(1) Alteration of Intermittent Streams. When a development incorporates Tier 1 or Tier 2 stormwater
treatment practices (as defined in the VSMM) to manage the stormwater that an intermittent stream
is conveying in pre-development conditions, the intermittent stream may be altered or relocated as
part of stormwater treatment, provided the stormwater management system meets all standards in
this Section. An alteration or relocation of an intermittent stream is exempt from the Vermont Stream
Alteration Rule.
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:
(1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water
quality.
(2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls,
slides, slumps and other downslope movements of materials or structures.
(3) Maintain and re-establish vegetation on steep slopes to stabilize soils.
(4) Ensure that development on steep slopes is constructed and maintained in conformance with best
management practices for construction, stormwater management and erosion control.
B. Applicability. All development is subject to the standards 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. An analysis of slope stability prepared
by a licensed engineer shall also be submitted to ensure that no erosion hazards are created that would
have an undue adverse effect on surface waters, wetlands, areas of special flood hazards, or
downstream facilities, and any recommended mitigation measures
D. Review Process. Per Section 12.01(D), applications involving development on Steep Slopes between 15%
and 25% grade shall be reviewed via administrative Site Plan Review (Section 14.09), unless the
application is for a single-household dwelling or two-household dwelling, in which case the application
may be approved via a zoning permit reviewed by the Administrative Officer.
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E. Standards.
(1) Very Steep Slope Standards. Development other than Restricted Infrastructure Encroachment is
prohibited on slopes greater than 25%.
(2) Steep Slope Standards. All development must be designed to avoid undue adverse effects on slopes
between 15% and 25%. Clearing of vegetation, excavation and filling on steep slopes shall be
minimized. All recommendations of the slope stability analysis submitted with the application shall be
required by the DRB or Administrative Officer.
F. Exemptions.
(1) Removal of Earth Products. Slopes exceeding 15 percent that are created by an approved earth
products removal use shall be exempt from the regulations of this subsection.
12.10 Restricted Infrastructure Encroachment
A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may be
allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall
be met in order for an encroachment to be allowed.
B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of development
listed in this subsection:
(1) Underground public utilities systems (e.g. water, wastewater, stormwater, electric, broadband,
telephone).
(2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels
and neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I,
and Level II resources.
(3) Public and Private Street crossings designed to cross Hazards, Level I, and Level II resources.
(4) Public and Private Driveway crossings designed to cross Hazards, Level I, and Level II resources.
(5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
C. Qualifying Criteria. Encroachment into the resource may only be allowed if there is a finding that the
proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria:
(1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards,
and/or necessary for the protection of the public health, safety and welfare;
(2) Is for a functionally dependent purpose or use;
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(3) Is a part of an Environmental Restoration Project;
(4) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the
area; or
(5) For purposes of providing safe access in accordance with City roadway and connectivity standards to
an approved use.
D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall be
subject to the development review process outlined in Section 12.01(D).
E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards:
(1) The encroachment shall not have an undue adverse effect on the subject natural resource and meet
all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors
(Section 10.07), Wetlands Buffers (Section 12.03), and Habitat Blocks (Section 12.05).
(2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects
involving streets and/or driveways crossings of River Corridors (Section 10.07), Wetlands Buffers
(Section 12.03), and/or Habitat Blocks (Section 12.05) that are not shown on the City Official Map may
be allowed only upon a determination by the Development Review Board that all resource-specific
standards and following standards have been met:
(a) There is no feasible alternative for providing safe access to the developable portion of the
property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer or no
constraints exist, property owners have been contacted;
(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.
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15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW
15.02 Authority and Required Review
A. Authority
(1) Pursuant to Section 4413 through Section 4421 of 24 VSA Chapter 117, as amended, the
Development Review Board shall have the authority to review and approve, approve with conditions or
deny an application for subdivision of land pursuant to the standards in these Regulations.
(2) In accordance with the provisions of Subsections (3) and (12) of Section 4407 of Title 24 VSA
Chapter 117, the Development Review Board shall have the authority to review and approve, approve with
modifications, or deny Planned Unit Developments and Planned Residential Developments (PUDs).
Planned Unit Developments shall not be permitted within The City Center FBC District.
(3) In conjunction with PUD review, the modification of these Land Development Regulations is
permitted subject to the conditions and standards in this Article and other applicable provisions of these
Regulations.
(4) Notwithstanding section 15.02(A)(3), however, the following standards shall apply to all PUDs:
(a) in no case shall the DRB permit the location of a new structure less than five (5) feet from any
property boundary, and, in no case shall the DRB permit the location of a structure not in compliance
with Section 15.03(D).
(b) In no case shall be the DRB allow land development creating a total site coverage exceeding
the allowable limit for the applicable zoning district in the case of new development, or increasing the
coverage on sites where the pre-existing condition exceeds the applicable limit.
(c) In no case shall the DRB permit the location of parking not in compliance with Section 14.06
(B) (2).
(d) PUD review does not provide for modification of standards related to Hazards, Level 1
Resources, or Level 2 Resources beyond those specifically enumerated in Articles 10 and 12 of these
Regulations.
(5) Pursuant to this Article, the South Burlington Development Review Board shall have the further
authority to review and approve, approve with modifications, or deny a Master Plan reviewed in
conjunction with a PUD. A Master Plan shall be a binding sub-part of a PUD approval and shall not be
construed as a separate land development review procedure from the PUD procedures set forth in this
Article.
(6) The modification of the maximum residential density for a zoning district shall be permitted only
as provided in the applicable district regulations and/or for the provision of affordable housing pursuant
to Section 18.01 and 18.02 of these Regulations.
15.18 Criteria for Review of PUDs, Subdivisions, Transect Zone Subdivisions, and Master Plans
A. General Standards. In all zoning districts of the City, the DRB shall make findings of fact on a PUD,
subdivision Transect Zone subdivision, and/or Master Plan in keeping with the standards for approval of
subdivisions in Article 15 and/or site plans and conditional uses in Article 14 For PUD, subdivision and/or
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Master Plan applications within the SEQ, IO and R1-Lakeshore districts, the DRB shall also make positive
findings with respect to the project’s compliance with the specific criteria in this section.
The general standards applicable to all PUDs, subdivisions, Transect Zone subdivisions, and Master Plans are,
except as noted below:
…
(4) The project’s design respects and will provide suitable protection to Hazards, Level I Resources,
and Level II Resources, and any unique natural features on the site. In making this finding the DRB shall
utilize the provisions of Articles 10 and 12 of these Regulations related to Hazards, Level I Resources, and
Level II Resources, and may seek comment from the Natural Resources Committee with respect to the
project’s impact on natural resources.
…
(6) Open space areas on the site have been located in such a way as to maximize opportunities for
creating contiguous open spaces between adjoining parcels, habitat blocks, habitat connectors, wetlands,
and/or river corridors. For Transect Zone subdivisions, this standard shall apply only to the location of
natural resources identified in Articles 10 and 12 of these Regulations and proposed open spaces to be
dedicated to the City of South Burlington.
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APPENDIX E SUBMISSION REQUIREMENTS
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Subdi
vision
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
√√√√√√√√√√Existing water courses & buffers, wetlands & buffers, base flood elevations
if located in an area of special flood hazard, wooded areas, ledge outcrops,
and other natural features.
√√√√Initial Site Conditions Map
Surface waters & buffers. Existing mapped data for permanent surface
waters; estimates for top of bank/stream; estimated locations of
intermittent streams.
Wetland areas and buffers. Exsting mapped data from Vermont Significant
Wetland Inventory, Vrmont Significant Wetland Inventory Advisory Layer,
Hydric Soils, and other known sources. Applicant-estimated areas for
potential Class III areas.
Habitat Blocks: City-Mapped Habitat Blocks.
Habitat Connectors: City-Mapped Habitat Connectors.
Steep Slopes: Existing mapped data of steep and very steep slopes
√√√√√√√Complete Site Conditions Map
Surface waters & buffers. Field verification/ delineation of top of bank /
top of slope for permanent and intermittent surface waters by a qualified
professional
Wetland areas and buffers. Field delineation and report of functions and
values of all wetland areas prepared by a qualified wetlands consultant
Habitat Blocks: Mapped Habitat Blocks or Habitat and Disturbance
Assessment if applicable.
Habitat Connectors: Mapped Habitat Connectors or Habitat and
Disturbance Assessment if applicable.
Steep Slopes: Mapped data of unaffected steep or very steep slopes; Field
or LiDAR-derived delineation of steep and very steep slopes with a
vertical drop exceeding three (3) feet proposed to be impacted
All Districts Except City Center FBC City Center FBC District
…
LANDSCAPE FEATURES
Natural Resources Map
South Burlington, Vermont
Effective INSERT DATE
0 0.85 1.7 2.55 3.40.42 Miles
Disclaimer:
This map is for planning
purposes. The accuracy
of information presented
is determined by its
sources. Errors and
omissions may exist. TheChittenden CountyRegional PlanningCommission is notresponsible for these.
Questions of on-the-
ground location can be
resolved by site
inspections and/or
surveys by a registered
surveyor.This map is not sufficientfor delineation of features
on-the-ground. This map
identifies the presence of
features, and may
indicate relationships
between features, but is
not a replacement for
surveyed information orengineering studies.Data Source:Special Flood HazardArea, Wetland, River
Corridor (2019)-ANR
Parcel Boundary, Zoning
District-City of South
Burlington
Map Prepared by M.
Needle using ArcGIS Pro.All Data is in VT StatePlan NAD 1983.
B1: 500 Year Flood/0.2% Annual Chance of Flood Hazard
Level II Resources
Habitat Connector
Habitat Block
Very Steep Slopes (25% + Slope)
Steep Slopes (15% to 25%)
Level I Resources
Rare Threatened Endangered Species Habitat
Current River Corridors, including 50' buffer on streams draining to >0.5 mile area
B2: 500 Year Flood/0.2% Annual Chance of Flood Hazard
100' Buffer on Potash Brook
Wetland and 50' or 100' Buffer
Special Flood Hazard Area or 100 Year Flood
Stream or River Centerline
Hazards
Proposed Natural Resource Protection
Park/Recreation
Conservation Zoning Districts
Legend
Date:3/9/2021
DRAFT