Loading...
HomeMy WebLinkAboutAgenda - City Council - 10/19/2009 O • south Charles E. Hefter, City Manager AGENDA SOUTH BURLINGTON CITY COUNCIL CITY }FALL CONFOZFNCE 20OM 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Meeting 7:00pm Monday Oct. 19 , 2009 1) Comments and Questions from the public (not related to the Agenda). 2) Announcements and City Manager's Report. * 3) Public Hearing on Amendment to Impact Fee Ordinance, to delete section 3 (c) School Facilities Impact Fee and to relabel subsequent paragraphs; second reading of same * 4) Presentation of proposed from Carbon Harvest Energy, Burlington, VT, for development of sustainable and renewable energy project at the former South Burlington Landfill, Don McCormick. * 5) Update on activities of South Burlington Energy Committee. * 6) Review of Draft General Stormwater Permit requirements; Tom Dipietro, Storm Water Utility Superintendent. * 7) Consideration of approval of application for New Town Center Designation; Paul Conner, Director of Planning and Zoning. * 8) Continued discussion of selection process for City Manager. * 9) Consideration of Deferred Compensation Plan No. 2- Nationwide * 10) Consideration of appointment of Mr. Ray Belair, Code Enforcement and Zoning Officer, as Telecommunication Officer, as required by State Statute 24VSA(4412). * 11) Review the agenda for the Development Review Board meeting, Oct. 20, 2009. * 12) Review and approve minutes from regular meeting held Oct. 5, 2009. 13) Sign disbursement orders 14) Adjourn Respectfully Submitted: Charles Haft ity Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com • 4• �4o south Charles E. Hatter, City Manager October 16, 2009 Chair and City Council South Burlington, VT 05403 Re: Continued discussion of selection process for City Manager To All Members: The Council has asked to continue the discussion of the selection process for the City Manager position. I have previously mailed you a copy of a proposal from the Vermont League of Cities and Towns to provide the administrative services for such a search. I have also investigated the cost of such services from a professional recruitment firm. It would be my recommendation that if Council wants to use an agent (and that is a good idea), I believe that VLCT's proposal is comprehensive and very competitive with other firms which are higher cost by a large magnitude. These firms provide services, such as glossy advertisements and publications that South Burlington does not require. The attractiveness of the City Manager vacancy will be sufficient to gather all the interest you would want. Since there is a time to prepare, I also recommend that Council, or an ad-hoc subcommittee, meet with VLCT to discuss and define the process to be used. VLCT has conducted many searches and can give you good ideas about the best way to proceed (ie. should a Councilor be on the initial interview panel; what type of public involvement yields the best results). After that input, Council can decide on a final process and begin the journey. My ICMA Code of Ethics and personal philosophy, require me to step out of this process following the selection of an administrative agent. The Assistant City Manager may be a candidate for the position, so he should not be involved either, even to provide administrative services in any capacity. This makes accepting the VLCT proposal at $6,000 even a better option. Sincerely, Charles Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Ckarbon harvEst ENERGY South Burlington Carbon Harvest- Preliminary project proposal brief. October 14`h, 2009 Charles Hafter, City Manager City of South Burlington Dear Chuck, Carbon Harvest Energy is a unique developer focused on attaining the highest level of local sustainable use of resources to create renewable energy, local food, and renewable fuels while managing brownfield sites, waste, and sources of pollution all for the benefit of the community. We accomplish this by building site-specific collaborative and integrated business models and partnerships. Our focus is on landfills as sites with environmental challenges, but also with valuable resources of landfill gas and open land.This has led us to the South Burlington Landfill as a site and project with great potential not only to create a strong business and benefit the community, but as a signature green project for both Carbon Harvest Energy and the City of South Burlington. Carbon Harvest Energy offices are located less than two miles from the South Burlington Landfill. Located in the heart of Vermont's population center, close to several colleges,the University of Vermont and educational institutions with students of all ages, the South Burlington Landfill offers great access and public visibility.The unique combination of infrastructure and services including well planned access and facilities, open flat land and the wastewater treatment facility, collectively bring the pieces of a project that can build a profitable business and return tangible value to South Burlington. For Carbon Harvest Energy to present a full development proposal,conversations with stakeholders at the City of South Burlington and a feasibility study will be required to ensure a shared success. However, a brief and sudden window has opened that allows this project to be eligible for favorable renewable energy rates that would determine the project's viability, if we act quickly.Therefore, we would like to present the opportunity as we currently envision it understanding that we must hear more ideas, weigh other interests and concerns, and all work together to create a final proposal.The following is our first concept for a signature green project for South Burlington Carbon Harvest. The South Burlington Landfill contains several assets, most currently unused, that can be combined to create an economically strong project: • Landfill gas-to-energy as a Combined Heat and Power(CHP) plant o Currently a pollutant, nuisance and hazard, landfill gas is over 50% methane and may be combusted to produce energy. However,the landfill is too small and old to provide sufficient gas for commercial viability on its own. • Infrastructure and location of a Potential Food Waste Biodigester 130 Intervale Road I Burlington,VT 05401 I p: 802-318-4970 I f: 802-419-3330 I info@CarbonHarvestEnergy.com o Carbon Harvest Energy(CHe) will work with Chittenden Solid Waste District(CSWD) to study the feasibility and make a proposal for a facility capable of receiving diverted organic waste as feedstock for a Biodigester which will convert the waste to biogas (similar in content to landfill gas). o This gas will be combined with the currently fugitive landfill gas for combustion in a single generator. o The existing CSWD Environmental Depot will be equipped to process organic waste while fully managing all odor or nuisance issues. • Wastewater treatment digester and methane to energy. o The City of South Burlington has recently developed a plan for the renovation of the existing wastewater treatment plant, with plans for an upgraded digester complete with a combined heat and power(CHP) plant to provide heat and electricity to offset operating costs. Carbon Harvest Energy would like to explore a relationship that provides the best economic return to the City of South Burlington.A discussion and better understanding of the plans, costs and benefits sought on both sides will be necessary but could include Carbon Harvest Energy management of the CHP plant, possible centralization to a single CHP plant with the wastewater treatment plant still receiving the planned benefits and overall net cost reduction, or even a direct payment for gas that offers equal or better net savings to the city than building and managing its own CHP facility. • Open Land—for a Solar Energy Field. o Approximately 6 acres of open land with appropriate solar exposure could become the area's largest Photo Voltaic Energy field. This project can be tied in to the same grid interconnect for the above methane power generation plant(s) • Open Land and proximity to market for Agricultural Integrations. o Develop a food—growing center using available space and waste heat from CHP plants (above). o Develop Algae Growing System to fully utilize and clean exhaust gases and produce algae for biodiesel and animal feed. Research and development for this project is already underway through a Department of Energy grant with our partners at the UVM Rubenstein School of Environment and Natural Resources. • Location—proximity to UVM and local schools for educational outreach. o Provide ongoing educational tours demonstrating integrated sustainability models producing renewable energy and sustainable food and fuels to the local community. Carbon Harvest Energy believes the City of South Burlington to be an ideal partner for such an exciting green project and looks forward to working together to build a formal plan out of the above components. We propose a first step that requires no firm or long-term commitment, but creates and holds the opportunity for future exploration. A new Public Service Board process will allow a limited number of projects to enter a queue for favorable electrical purchase rates, referred to as "the Feed-in Tariff', which can make an innovative project like South Burlington Carbon Harvest possible.This queue opens this Monday, October 19th and is expected to fill immediately. Only projects with legal site control are eligible to enter the queue. We wish to assist and encourage the City of South Burlington to enter the queue with our project to hold a place in line. With your permission, Carbon Harvest Energy can create and submit the actual application Monday morning. Upon acceptance into the queue, a refundable deposit will be required, which Carbon Harvest Energy will supply.There will be no obligation on the part of the City of South Burlington to accept Carbon Harvest Energy's proposal. Entering into the queue with Carbon Harvest Energy in no way obligates the City of South Burlington to accept a proposal 1 from Carbon Harvest Energy.We believe, however,that having secured the opportunity with the Public Service Board, we may together build a plan for a great project that will become a signature project of Carbon Harvest Energy and the City of South Burlington. Sincerely, Don McCormick Carbon Harvest Energy, LLC AGREEMENT TO ENTER QUE FOR STANDARD CONTRACT This agreement is hereby entered into on October 1-5 , 2009 between the City of South Burlington, Vermont and Carbon Harvest Energy, LLC. Whereas, Carbon Harvest Energy LLC ("CHe"), also d.b.a. South Burlington Carbon Harvest LLC, desires to explore the possibility of constructing and/or operating one or more electrical generating facilities on or adjacent to the South Burlington Landfill and Wastewater Treatment Facility generally described as follows: • A landfill methane to energy facility which captures the fugitive emissions from the closed South Burlington Landfill • A solar photovoltaic array located on the closed landfill. • A micro-hydro power facility utilizing the discharge from the wastewater treatment facility • An anaerobic digester to process food waste and other organic materials, and generate energy from the resulting methane gas; and, Whereas,the City of South Burlington("City") desires to explore the potential of hosting the above facilities potentially in conjunction with the proposed improvements to its Wastewater Treatment Facility; and, Whereas, the deadline for the application of such facilities to the Vermont Public Service Board is October 19, 2009 if such facilities are to be currently considered eligible for the Feed-In Tariff as established by Vermont Act 45; and, Whereas, both parties desire to further explore the potential of developing a mutually beneficial agreement for the above but are unable to do so prior to the October 19th deadline. Now therefore both parties hereby agree to the following: 1. CHe may, on behalf of the City, submit applications for each of the above projects on October 19, 2009. 2. Upon notification that the proposed facilities have successfully entered into the Feed-In Tariff queue, CHe may provide the necessary application fee and deposit. 3. The City of South Burlington will have no out-of-pocket expenses related to the application process but will support the project and CHe's efforts throughout the application process. 4. The City will provide input to enable CHe's development of project details and party inter-relationships to enable CHe to prepare and submit a formal Proposal to the City for the provision of the above facilities. 5. In the event that either party solely determines that it no longer desires to jointly participate in this process, it will provide written notice of such determination to the other party within two business days of reaching such determination. Upon receipt of such notice,both parties will work to promptly withdraw the Feed-In Tariff application and return the refundable portion of the deposit to CHe. 6. Nothing in this agreement shall obligate the City to work with CHe on this project. In the event that either party decides that it no longer desires to jointly participate in this process,the City will have no further obligation to CHe beyond withdrawing the application and refunding the deposit to CHe. 7. The City may, at its sole discretion, discuss and negotiate similar projects with other potential implementers or decide to put the project out to bid,but may not use the application submitted by CHe on behalf of the City,nor use the deposit provided by CHe for such endeavors. 8. In the event that both parties reach'an agreement to jointly participate in any of the above projects, it will be done through a separate agreement that will supersede and replace this agreement in its entirety. On behalf of the City: Charles Hafter, City Manager City of South Burlington,Vermont On behalf of CHe: Don McCormick, President Carbon Harvest Energy,LLC PUBLIC WORKSHOP: CARS TO PEOPLE PROJECT OCTOBER 21, 2009 Holiday Inn South Burlington (Williston Road, Corner Dorset St) 7:00 PM ifet CI ca _ y ilb7 �TM 7 _ ift,„ 1. Have you ever walked or biked on Williston Road? Shelburne Road? If not, would you like to? Now is the time to talk about it. We would like to hear about your experiences and ideas. The City's Comprehensive Plan says these roads can be better: friendly to walkers and cyclists, good urban design, better connections to housing, more landscaping. They can be streets for cars and people, not just highways passing through.Do you agree? Share your thoughts with us at a 'Cars to People' workshop. The city's planners will present a slideshow on Williston Road and Shelburne Road. Small groups will discuss road character, zoning, density, and design. These roads travel for miles in Vermont. As they pass through here, they need to say"You're in South Burlington." Workshop sponsored by South Burlington Dept. of Planning&Zoning No RSVP needed. Refreshments will be served. AMENDMENTS to the SOUTH BURLINGTON IMPACT FEE ORDINANCE SOUTH BURLINGTON CITY COUNCIL, OCTOBER 19, 2009 The South Burlington City Council hereby ordains: Key to the Amendments 1. Proposed new text is shown in Bold Underline 2. Proposed deletions are sown in strikethrough 3. Plain and plain underlined is existing and will remain. Section 3. Establishment of Fees. *** hPPnmcL aft t�,� �1, ,1t . t, Ml T (9--This imnre--€ee-shall a,. ' . ' eveloP,a e_��.T. rcsults in an inc dccelling units. (2) Formula for determination-ofimpaet-feesi igle Family Dwelling: $2,845.9educefl-' the-a} from Tables SCH . AND SCWF--2 (b) „r,t==t-Fa it ,,,, l.r� y P.-welling-(fee er-tt $1 �i p ;it): '�-r-educed by the amour;i.of any 1 and SCH-2: (3) h •e }e-set-iorti in sub ara ni h (2.) aboy_is based on a-study-an(' report entitled, "South 1 . F „1 Di^+rict +F r t RESV., hic., Michael .► Munson, dated November-22 � � ��.., 1994, and a study entitled "City i District Imp'ct Fee A.naiysis,"prepared by Michael J. r• nvirm rs, a c�c , , • ,-(,ports arc-ins reference. • (a)Champ t 'n S 7, t • • (1) which: SutlYyisio Reg 1 t t 7 n 1 nnc ,1 mac South Burlington Zoning ` r *** D. Dorset Street Waterline Fee: *** D E. Fire Protection Fee: *** Section 7. Expenditure Restrictions. *** res scar- atimn: SCHOOL IMPACT FEES: RESIDENTIAL ONLY TABLE SCH-1 IMPACT FEE CREDIT FOR PAST PAYMENTS F�� C�'L.JrI�II r'ADAr'ITV 111ADDrl\/CI►ACAITC ASSUME 2001 MUNICIPAL GRAND LIST EQUALS $13,235,141.03 • 0 0 SINGLE FAMILY LAND $25,000 MULTI FAMILY LAND $15,000 6RE�ITS DWELLINGT, NG CAPITAL - �-RAT--€ TAX ON TAX ON &ING,..GLEFA# MULTI FAM YEAR EXPENDITURES GRAND LIST NEEDED SF DU MF DU DWELLING DWELL NG 4 on 1996 $48 600 - 0.001430 $1,14 $0-,66 $0-00 $0,00 1996 1997 $84 70 - 0.017510 $438 $22 63 $0 00 $0 0 1997 1°98 $4,075 - 0,-000090 $0-02 $0.01- $4 64 $2,76 1° 8 1999 :.e - 0-000009 $0-00 $0,00 $1.85 $2.91 ,999 2009 j 0.800800 $0-:00 $0,00 $5-09 $3,06 2000 2001 $92,850 I $12,743,762.00 0.007286 $1-52 $1 09 $,5-33 $3,24 2nn -20002 $143,675 $43;235444-03 0410856 $2:71 $1,63 $7.53 $4,52 2002 2003 $23-5,600 v;3,764:549 79 0417109 $4.28 $2 5-7 $10.75 $6;45 2003-2.004 $210,113 $14,315,131.7£ 0411680 $3,67 $2:2.0 $ 8 $9 4,7 2001 2005 $50;-975 $1^ aay r ,7370 0.003124 $0.86 $054 $20 2 $12.25 2005-2-806 $06-,607 $15,183,21603 0-006239 $1566 $0.94 $22.34 $13.41 2006 2007 $35,239 $16,102,576.40 0.002188 $0 5-5 $0-33 $2 1-0 $1-5-06 200-7 2-008 $27,372 $16,746,6.i0:4. 0004634 $0:44 $0-26 $26.93 $1b,48 2008 2009 $0 $17,416,546.63 0-000000 $0-00 $0.00 $28,74 I $17.22 2009 2010 $0 $18,113,,-0350 0.000000 $000 $0.00 $3444 $48.88 2010 2011 $0 $18,837,736.81 0.000000 $0-00 $000 $31-66 $18.99 2011 2012 $0 0400000 $040 $040 33.2-3 1-944 2012 2013 $0 $2 ,371,896.16 0,000000 $000 $0:00 $3489 $20.93 2013 2011 $0 621,189,892.01 0-000000 $0.00 $0-00 $36-63 $21-98 2014-2015 $0 $22,037,187.69 0.000000 $0:00 $0:00 $38:47 $23 08 2015 2016 $9 $22,918,987.20 0000000 $0.00 $000 $40.39 $24.23 SCHOOL IMPACT FEES: RESIDENTIAL ONLY (continued) TABLE SCH-2 IMPACT FEE CREDIT FOR FUTURE TAX PAYMENT' FOR SCHOOL CAPACITY IMPROVEMENTS ,A,SSUAE2001MU .ICIP,A,LGRA .IDLISTEpU,A,LS$13,235,111.03 Grand List has grown at 3.0%and will continue to grow at 4.0%,discount rate 5% SINGLE FAMILY LAND $220,000 MULTI FAMILY LAND $150,000 - CREDITS - DWELLING Annual TAX RATE TAX ON TAX ON SINGLE FAM M-ULTI-FAM YEAR : Expense GRAND-LIST NEEDED SF DU MF DU DWELLING DANE-L-LING 200 2001 $92,850 $42,743,762,00 0.007286 $4603 $40,93 $118.01 $80,46 2001 2002 $113,675 $13,235,144.03 0.010856 $2388 $16.28 $4-07,88 2002 2003 $235,500 $13,761,519.79 0.017109 $3-7,64 $25,66 $8-9,40 $50,95 2003 2001 $210,113 $11,315,131.78 0.011680 $32.30 $22.02 $56,2-3 -$313,34 2004 2005 $50,975 $11,887,737.05 0.003121 $7,53 $5,1-4 $26.74 $18.23 2005 2006 $96,607 $4-5r-i8-2,2 i6.53 0-006239 $4-3,7 Z $9.36 ;20.55 $1404 2006 2007 $35,2-2-0 $16,102,576,40 0.002188 $1.81 $2,38 $7.85 $5.35 2007 2008 $2-7,372 $16,716,679.15 0.001631 $3,80 $2,45 $3.42 $243 2008 2006 $0 $17,1-16,516.63 0,000000 $0,00 30,80 $9,00 $0,04) 2000 2010 $0 $18,11-3,20840 0,060000 $0,00 $0,00 $0,00 $-0,00 2010 2011 $0 $-1-8T83-7,736.84 0,000000I $0-00 $0A)4) $00 2011 2012 :.e $49,51,216.31 0,000000 $0,00 $0,00 2012 2013 $0 $20,374,896.16 0,000000 $0,00 $0,00 WOO 2013 2011 $0P $21,189,892.01 0.009013,:' $0-00 $0-00 $0,00 $0,00 2014 2015 I $0 X,"-2,0-37,487.69 0,000000 WOO $0,00 $0.00 $0,00 2015 2016 1 $0 $22,91-8,987-40 0,900000 $0,00 $0,00 $04)4) Adopted this day of , 2009. City Clerk Mark Boucher, Chair Sandra Dooley, Vice Chair James Knapp, Clerk Meaghan Emery, Councilor Francis Murray, Councilor SOUTH BURLINGTON Il11PACT FEE ORDINANCE DR F 1 JULY 2009 CITY OF SOUTH BURL " 0 0 b::: -. IIVIPACT FED:O - ATCE s .,q,.411-'41.- ,,. , :" , • kol k" bs 4, a dopted: Januat ���, 1995 - April 7, 1995 .� " December 2, 1996 or ebruary 2, 1998 _ September 7, 1999 1 July 16, 2001 a ' December 3, 2007 1 DRAFT JULY 2009 1 SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT JULY 2009 SOUTH BURLINGTON IMPACT FEE ORDINANCE Section 1. Authority. This ordinance is enacted pursuant to the specific authority granted municipalities to establish impact fees contained in 24 V.S.A., Chapter 131 and the au granted the City of South Burlington to enact ordinances set forth in its Charter and 24 hapter 59. This ordinance shall be a civil ordinance within the meaning of 24 V = ° hapter 59. .rama. Section 2. Purpose. ���' It is the purpose of this ordinance to establish **act t e s to-pay �p p y po � of the cost of constructing capital facilities for new developmen `the City at will be sere- s .FFh facilities. To the extent that new capital facilitie • "re ,_ � ssitate new develop °t and such facilities benefit the new development, it is appropriate( t e residents anon:wners bear an appropriate portion of the costs of constructing the new fae =' es. Section 3. Establishment of Fees. A. Road Improvement Impact Fee: Exc,'t as priblKin subparagraph(5), any land development as describe in subparagrap ; 14,41Ch t a permit under the City of South Burlington lations after athe date this impact Fee Ordinance provision becomes effectiv all pay an pact fee deermined in accordance with the formula set forth in subpart 2). 1 �'s� mpact fee�`shall a t - O hl pp y development that results in an increase in d or. in the:"'ase of non- idential development, an increase in PM peak >four vehicle ds (v tri s occurring between the hours of 4:00 PM and 6:00 on weekdays � Bete y the Development Review Board. (2 V, ula for det: s ination of impact fees: (a) ` '" ,e Fara'2 Dwelling: $1,009.86 per unit less appropriate credits as shown in colum ee, single-family dwellings) of Table RD-4. (b)Mul i-Family Dwelling(fee per unit): $669.91 per unit, less appropriate credits as shown in column 9 (net fee,multi-family dwellings) of Table RD-4. (c)Non-residential Development: $999.86 multiplied by the number of PM peak hour vehicle trip ends and reduced by the amount of any credit due from Tables RD-5 and RD-6. Estimate of post-construction assessed value of non-residential development shall be calculated as described in the Road Impact Fee section of the City of South Burlington 2007 Impact Fee Analysis Report referenced below. 2 SOUTH BURLINGTON IMPACT FEE ORDINANCE . DRAFT DULY 2009 (3) The impact fee formula set forth in subparagraph(2) above is based on a study and report entitled, "CITY OF SOUTH BURLINGTON 2007 IMPACT FEE ANALYSIS REPORTS",prepared by Michael J. Munson, Ph.D., FAICP, dated October 12, 2007, which report is incorporated into this ordinance by reference. (4) Impact fees collected pursuant to this ordinance provision shall be used to pay costs associated with the following road,improv-ement projects which are described in the above referenced report: r� ✓zb (a) Hinesburg Road/Van Sicklen Road Intersectio ovements (b)Williston Road Reconstruction _- (c)-Airport Drive Extension (d)Airport Parkway/Ethan Allen Road Int d��,.o '"Improv ; s (e) Tilley to.Community Dfive Connects (f) City Center Road Network (5)This impact fee shall not apply to land de e @ Tapf as described in s C'paragraph (1)which: (a) is for development withi s division that re'�_d f al plat approval under the South Burlington Subdivision- guIa.ions prior t 1 uary 9, 1995, which subdivision approval contained Condit s uirin:,payment of fees to the City for the purpose •f funding road 6 er�. (b)the fees-specifies`c the subdivi-,:in approval were paid to the City in accordance with the s of the app • and � (c) a permit is ea o i'v 4., ent under the South Burlington Zoning Regulate© ,on orfore Janu. 2005. 0 A developrne„ that iri a Traffic Demand Management Plan approved by 'the Development Review Bo.;d may be granted a credit not to exceed 25 percent of the original number of t,' generated multiplied by the fee per PM Peak Hour Trip ($999.86),provided t the applicant agrees to provide the post development verific�aion dy an security described in the above referenced Impact Fee Analysis report. B. Recreation Impact Fee: Except as provided in Subparagraph(5), any land development as described in subparagraph(1)which is issued a permit under the City of South Burlington Zoning Regulations after the date this Impact Fee Ordinance provision becomes effective shall pay an impact fee determined in accordance with the formula set forth in subparagraph (2). (1) This impact fee shall apply to any land development resulting in an increase in dwelling units. 3 SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT JULY 2009 (2) Formula for determination of impact fees: (a) Single Family Dwelling: $1,938.75 per unit,less appropriate credits, as shown in column 4 (net fee, single-family dwellings) of Table REC-4. (b) Multi-Family Dwelling(fee per unit): $1,421.15 per unit, less appropriate credits as shown in column 7 of Table REC-4 (net fee,multi-family dwellings). (3)The impact fee formula set forth in subparagraph(2) ab is " sed on a study and report entitled, "CITY OF SOUTH BURLINGTON 2007 PACT FEE ANALYSIS REPORTS"prepared by Michael J. Munson, Ph.D., F AIC ed October 12, 2007, which report is incorporated into this ordinance b r Terence. (4) Impact fees collected pursuant to this order. ce provision shall ed to pay costs associated with the following recreation i .ovementprojects which _ scribed in the above referenced reports: (a) Land acquisition for"Marceau Meadow reation fields property in the vicinity of Hinesburg Roar(!.:. Van Sicklen R (b) Development of"Marce eadows"recreate eld (c) Development of Old F otl a�n� .,.� _recreation led (d) Development of Dumont Parr* recre titarea in the vicinity of Iby Street and Market Street (e) Develo nt o recreation pat and bicycle lanes as described in the above refer ced 200 act Fee Analysis report,including: DorsetStreet/Hoehn connection along Dorset Street ii. -year„_ tre t bicycle 149 hluine R uee = ity Park Rd improvements - C ection from i ley Drive to Marshall Avenue, including bridgrn, -. AWN v. 'ale Drive Spear& Swift recreation path connection vi. Recreation path extension along Airport Drive extension to Lime n Road vii reation path connection from the Williston Road Holiday Inn to tchen Road (5)This impa 'ee shall not apply to land development as described in subparagraph (1)which: " (a) is for development within a subdivision that received final plat approval under the South Burlington Subdivision Regulations prior to January 9, 1995, which subdivision approval contained a condition requiring payment of fees to the City for the purpose of funding recreation improvements; and 4 SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT JULY 2009 (b) the fees specified in the subdivision approval were paid to the City in accordance with the terms of the approval; and (c) a permit is issued for the development under the South-Burlington Zoning Regulations on or before January 9, 2005. South Bu ingten Zoning Regulations after the date this Impact Fed"!rdinance provision becomes effective shall pay an impact fee determined in accordant`cth the formula set forth in subparagraph(2): .:. (2)- or-de« ination of impact fcc - - a -- ' Wiles-SCH 1 AND SCH 2. •� � o- - ; - -- (b)Multi Family Dwelling = cc per unit): $4, reduced by the amount of any credit due from Tables SC .• CH 2_ report entitled, "South Burlington Sc ®o istnc� ;'.Fee Arayl.sis,��•prepared-by _ ..; _ ; of South Burl ".-ton Schoo Distr:et Ims t Fee Analysis,"prepared by Michael J. { reference. {'l).lmpact f ollec cuant to s ordinance provision shall be used to pay costa • • • i • � u,aYr v�rrrcxxs� ran t 1 C l "Tl a (e) South Burlington High School improvements s described in subparatnuph (1)which: 5 SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT JULY 2009 b Regulations on or before Jam -.y 2005 C D. Dorset Street Waterline Fee: Any dwelling unit as described in subparagraph(1)which connects to the Dorset Street waterline referred to in subparagraph(3), after February 2, 1998, shall pay an impact fee set forth in subparagraph(2). (1) This impact fee shall apply to any dwelling unit in the Dorset Street Waterline Service Area as delineated on a plan dated January 30, 1998, 1,ch is incorporated herein by reference. _ .r7' k (2)The impact fee shall be$187.25 per dwelling uni1 u ount shall be increased on January 1, 1999,and each year thereafter by 4%. (3) The impact fee in subparagraph(2) abov ase on cost in ext T;: .f$141 932 to construct approximately 5180 feet of wate , e and related improvem ?in the Dorset Street right-of-way. �� (4) Impact fees collected pursuant to this ordinan4. ovision shall be used to pay the cost of the waterline improvem , described in sub. .. i aph(3) above. ]2 E. Fire Protection Fee: Except as pr•.,t • ° A .aragraph ". y land development as described in subparagraph(1)which is %;sued a , e_ der ,-- City of South Burlington Zoning Regulations after the date this Im.,ct Or.` a�x provision becomes effective shall pay an impact °` , e%mxnned in acco M4 nce with thy' formula set forth in subparagraph (2). ,.,‘ (1) This impactfee shall awly,to any land elopment that results in an increase in total a of prop . .a risk tie;ally. including structures and contents), as de . `e: epor 'tied"CI'111'-1I F SOUTH BURLINGTON 2007 IMPACT .I hE ANAL EPO "pr ared by Michael J. Munson,Ph.D., FAICP, and dated October 1 ;' 07, wh , incorporated into this ordinance by reference.(2) F•-s ula for det ination of impact fees: (a) z�� - F. , Dwelling: $304.85 per unit less appropriate credits as shown in col --'ee, single-family dwellings) of Table FP-7. (b)Mult'-Family Dwelling(fee per unit): $192.96 per unit less appropriate credits as shown in column 9 (net fee,multi-family dwellings) of Table FP-7. (c)Non-residential Development: $0.67 per$1,000 estimated value of all structures and contents. Estimate of post-construction assessed value of non-residential structures shall be based on estimated improvement values for new structures contained in Table FP-8, multiplied by a factor of 2.5 to provide the total estimated value of the structure, site improvements and contents, reduced by the amount of 6 SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT JULY 2009 any credits due using the procedure described in the above referenced Fire Protection Impact Fee Analysis report and Tables FP-9 and FP-10. (3) Impact fees collected pursuant to this ordinance provision shall be used to pay costs associated with the following fire protection improvement projects which are described in the above referenced report: (a) Renovations to.F.ire.Station-#2.:__. . (b)New Heavy Vehicles _._,.. _ (c)New Light Vehicles - (d)New:Equipment , - ::(4)-A-credit.ofup toien.percent-of the=base impact- et=fee-nra '... 1�� ,� Yb� : � rded-to-non- ,: �- - residential developments that include installati. Fo sprinkler s designed to meet the guidelines of-the Insurance RatingOr : ion with no more t e�$ 5 deficiency • g points. Section 4. Payment of Fees Impact fees levied under this or.'14 r•ce shall be paid` -4 c City Treasurer prior to the issuance of any permits under the Zoning o ions of the City" w,South Burlington for the construction of any development subject to qse � st of impact =e`- The Zoning Administrator shall not issue any zoning pe t for - ,i ;tructio.ii of such developments without first receiving proof of ayment of th. e• p `e ed i ,may - s from the City Treasurer. Section 5. Accounting; Regis f Payment �w. A. Impact fees colle4 .urs, tto this Ordinance shall be placed by the City Treasurer in separate met bearm " - n rfor each t}pe of impact fee established. B. ' - City Treas . all .'n a register for each account indicting the date of t of each fee, - . our p. and the name of the payer. C. The % Treasurer s 61. prepare an annual accounting of all fees paid into and withdrawn from each 'unt, sho • the source and amounts collected, and the amounts expended and the proje -- s r whiff such expenditures were made. Section 6. Refunds. 1- A. If the actual expense to the City er--S-eheel-Distfiet of a project to be funded at least in part by impact fees is less than the fees collected or to be collected,the City shall refund to the then owner of the property for which the fee was paid, that portion of any impact fee, with accrued interest, which is in excess of the appropriate amount due to the City. The City shall provide this refund within one year of the date it completes or terminates construction of the project. 7 • SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT JULY 2009 B. If the City reduces the amount of an impact fee after some fees have been collected,the City shall refund to the then owner of the property for which a fee was paid,that portion of any impact fee, with accrued interest, which is in excess of the appropriate amount due to the City. The City shall provide this refund within one year of the date it reduces the impact fee. C. If the City does not expend an impact fee within six years of the date it is paid,the then owner of the property for whichthe fee was paid may apply.for and receive a refund of the fee, provided the request for refund is filed within one year of the ;airation of the six year time period. D. A person who pays an impact fee established under thil•rdr e and subsequently abandons the project withoutcommencing construction ; e lan.® -. elo menton which the impact fee was based,may request and receive �� � ': ity a re . of the impact fee in full. Any accrued interest shall be retained by s -City to offset admin tive costs.A person who receives a refund under this proves $ ' shall no..commence co ti•n of the land development for which the refund was ma• -.W4thout r ''rig the requiream impact fees. Section 7. Expenditure Restrictions. - A. All impact fees collected pursuan ordinance, an• es interest, shall be expended only for the specifically ida4 �p is which w .. the basis for the fees. Such fees and accrued interest shall be expen,• wi ; , -ars of ie date they are received by the City Treasurer. • may: B. The City Trea. Vr shall p = from the ap opriate account, expenses associated with the designated probe ct, they be : e due and us -ceipt of appropriate documentation regarding such expense. ass ated with Sc . Distriet 'ects funded by education impact fees, upon receipt of • Section 8. C - its for "In-Kra, Contributions. A. "In-Kind'' 'butt sl shall mean provision,by a person subject to payment of an impact fee, of land or e• d t or construction of facilities that are included in the impact fee analyses and corn ations, and which are included in or consistent with the City's Comprehensive P an. B. Upon recommendation of the Development Review Board,the City Council may approve a credit against any impact fee levied under this ordinance for the value of"In-Kind" contributions. The amount of credit for an "In-Kind" contribution shall be based on the actual cost to the person requesting the credit of providing or creating the facilities. The Development Review Board shall indicate the basis on which the amount of credit is determined. The amount of credit for an "In-Kind" contribution shall not exceed the total 8 SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT JULY 2009 amount of the impact fee for that type of facility which would otherwise be levied on the proposed development. Section 9. Appeals. An individual or entity required to pay an impact fee under this ordinance may challenge the imposition of such fee, or the amount of the fee,by filing a written notice of appeal with the City Clerk;.which_appeal-shall:not be-filed-later than thirty-days after payment of the impact fee.. Said notice of appeal=shall state the basis of the appellant's challenge t e fee. Within sixty. - days of the filing of anotice of appeal, the.City.Council-shall hold i earing to receive oral and written evidence and argument from the appellant and C resentatives.Within. :: - _ forty-five days after the conclusion of the hearing, the Council fi 1 ti the appellant of its - decision in writing Section 10:-Enforcement. A. Any individual or entity who undertakes andcvelopmentiin the City of oft Burlington without first paying a required impact fee imposed pursuant to this ordinance shall be subject to a civil penalty of up to five hundred dollars per day for each day that such land development continues withou •, s ent of said fee. The Administrative Officer shall be authorized to act as the issuing m . 0 z •fficial to issue and pursue before the Traffic • tea; and Municipal Ordinance Bureau a rn g c • e el •laint. The l-dministrative Officer is authorized to recover a waiver-fee-of :ess th� � � a e d not: ore than$150 for each • violation and a civil penalt of not less than $ <. 1 an. tiore than$500 for each violation. B. In addition to e enforce t procedure'` ,et forth above, the Administrative Officer is authorized to - e a ci ction to obta nctive and other appropriate relief Section 11. Sever alit : In the event anyRtxlsion''.0`k#Iis ordinance is for any reason invalid, such invalidity shall not affect the remaining pro isions which can be given effect without the invalid provision. 9 - - SOUTH BURLINGTON IMPACT FEE ORDINANCE DRAFT 1C1LX 2009 TABLES ROAD IMPACT FEES: RESIDENTIAL TABLE RD-4: NET RESIDENTIAL ROAD IMPACT FEES PER UNIT -- - Multi-Family Dwellings Single Family Dwellings - Credits Credit for . _ - Credit for for-'Past `" future Credit for future faxes taxes Net fee Dwelling Net fee Base fee fee past taxes taxes YearBase, Fee 81 570.05 $669 91 $0 00 $278.36 2007 $1,009.86 $0.00 $439.6 407.05 .54 594.48 $669 9 ,' $0.40 $262.46 2008 $1,009.86 $0.70 $44 .4 $_ 662.38 $669 91 ,z $1.1ci $218.61 $450.11 2009 $1,009.86 $2.09 $345.40 $. $3.14 $299.17 $707 56 $669.9'4 ' $1.79 c $4189 35 $478.773 . 4 2010 $1,009.86 4.14790 93 $669.91 $2.74 t 5 j53 $531.64 2011 $1,009.86 $4.79 $197.39$ $807 fl $669.91 $3.11 $124 93� $541.87 $1,009.86 $5.44 � $3.49 $114 75.E $551.67 2013 $1,009.86 $6.10 $181.31 $822 45 $669 91 104.98 $ 561.05 2014 $1,009.86 $6.77 $165.87 $837.21 $66 9 $3.87 $ $570.04 15106 $851.35 $669 $4.26 $95.61 578.65 2015 $1,009.86 $7.46 $ $864.88 $669.91 $4.66 $86.60 $578.65 2017 $1,009.86 $8.168 $136 83 , w 584.89 $877 83 $669.91 �5�07 $77.95 $ 2017 $1,009.86 $8.87 $123.16 "=� ,� r:.- 69.63 $890 24 ,$669.91 $5,99` $61.64 $602:39 2019 $1,009.86 $10.39•60 $110 02_ 902 12 ' $669 91 $ • 2019 $1,009.86 $10.35 $97..29 $913 50' $669 9.1 „, $6.36 $53.94 $609.6161 . 6 2020 $1,009.86 $11.13 $85.23 $924'41 $669.91=` $6.81 $46.54 $ 166 2021 $1,009.86 $11 93 f$.73.53 $934,•.87 $669.91 $7.28 $39.40 $623.23 $2.25 $ 62 .62 20223 $1,009.86 ; 3 5 ,k 944 89 $669.91 $7.76 $32.52 $6 9.62 �3�,59 �5�.38 $ 2023 $1,009 86 4 954 51 $669.91 $8.26 $25.88 $635.66 2024 $1,009.8b $lad : $�0 89 $ 76 ,, $963 73 $669.91 $8.78 $19.47 647.32 2025 $1,009.86 $15.3 652.32 472 59 $669.91 $9.32 $13.27 2026 $1iQC9 8.0 $16.30 $20.97 $981.10 $669.91 $9.87 $7.27 $658.01 2027 S1;oo9 86 $�8 N _� 48 $ � 77 � ' $1,009.86 $18f2�. $�'� 9-:.. �. $989.28 $669.91 $10.45 $1.45 2028 S �E i N f i 10 ROAD IMPACT FFES: N O -RESIII , TI T, Table RD-5: Table RD-6 Credit for Past Tax Payments - Credit for Future Tax Payments dit per Construction Annual Tax Rate :-Tax on -_$1.O W Li, _ _ Construction.. Annual , Tax Rate Tax-on. $1Cre00 of-__ __ Year Expense Needed $1,000 value assessed value eed ed- - - -- - $1,000 value assessed value 2007 $372,750 --0.014913 $0.15 $0.00Year $3 2007 $3 0.0.014913001 $0.15 - $1.39 - • : 2008 $733,375 0:62848632 $0.28.. -::` ::$i.716 2008- -75 0.028486315 ' - $(1.28' - -$1.31 - . _ - 2009. $332;875.-0:D20095548-•- $0:70-,-.:._- ..,�.0_46-. -..::•-•20 0 5. - .020095476.;;; J.:. `$0.20 .,...- -.: :_'$-.09 "_'-'_2010- $864,163 0.03103963 $0.32 .- $0 70 .2_ 864, .03163963 $0.32.- _ T... $0.95 2011 $244,506 0 00869115- $0.09 $1 06 2 � $244,50 �� 691152 $0.09 -•7012 $237,938 0.00821155 --- $0.1 $1 21'= _ 8 0 62 ,� 12 $237,938 0:�8�L1.1549 �•''- $0.08' .2013: $231,375..0.00775248 - - .$0,08 .$1.36 .?. - $0 57 2D 3 �$231;375 0:007ZS2477 $0.08 $0.57 2014- $224,813 0.0073.1321 . . $0 07 . $1.51 . 2014 .$224,813.0.00731 $0.07. $0.52 2015 $218,250 0.00680293 50.07 $1.66 2016 $211,688 0.00649096201 $218,250 0.006892411r $0.07 $0.48 $0.06 $1.81 ' 201 °� 1,688 0.0064909555 $0.06 $0.43 2017 $205,125 0.00610652 $0.06 $1.97 - 21 ' $2r-•125 0:00610651 2018 $198,563 0.005739. $0.06. . $2.13 $0.06 $0.35 � �'18 $198;563 0.005739 $0.06 $0.35 2019 $192,000 0.00538768 $0.05 $2,30 $192,000 0.005387682 $0.31 2020 5185,438 0.00505199 $0.05 2.47 ` $0.05 �, � 2. 1 A85,438 0.005051987 $0.05 $0.27 2021 . $178,875 0.00473125 $0.05 5: 2021 875, 0.00473125 $0.05 $0.23 2022 $172,313 0.00442494: $0.04 r` , 3 2023 $172,313 0.004 2494 $0.04 -« 2022 , " 0.004424937 $0.04 $0.20 3 02 2024 $159,188 0.00385323 $0.04 $ .21 § �� 2023 $1 , 50 O..00385428 $0.04 $0.16 2025 $152,625 0.00358677 : -$0.Q4 $3 4J y '4 0 4 ' 9,188 0.60385323 $0.94: $0:13 _ ` ., $132,625 0.003586766 $0.04 . $0.10 2026 $146,063 0.00333258 . 0.03 $3 i 2027 $139,500 0 003�Q�1�"' 0;D3 - b�`6 $146,063 0.003332578 $0.03 $0.07. •- $3 8 027 $139,500 0.003090133 $0.03 2028 $35,438 0 i a&T214 � 1 $4.06 $0.04 2028 $35,438 0.00076214 $0.01 $0.01 4- y 4 µ '+fix ,:.� s 11 RECREATION FEES: RESIDENTIAL ONLY TABLE REC-4: NET RECREATION IMPACT FEES per unit SINGLE FAMILY DWELLINGS ' MULTI-FAMILY DWELLINGS Dwelling Total Total Year Base Fee Credits Net Fee Base Fee Credits Net Fee 2007 $1,938.75— $268.82 $1.,669.93 $1,421.75 $170.14 $1,251.61 2008 $1,938.75 $282.26 $1,656.49 $1,421.75 $17865 $1,243.10 2009 $1,938.75 $282.37 $1,656.38 $1,421.75 $178.70 $1,243.05 2010 $1.,938,75 -.$241,58 $1,697.1.7 $1,421.75 ( $152.83 $1,268.92_ - 2011 - $1,938.75: $230.37 $1,708.38- $1,421.75 $145.72 $1,276.03 2012 $1,938.75 $171.77 $1,766.98 $1 21.75 $108 55 $1,313.20 2013 $1,938.75 $101.44 $1,837.31ii5X24.75 $63.96 h$1,357.79 2014 $1,938.75 $66.17 $1,872 5,: $1,421.75 $41.59 `' %,,380.16 2015 $1,938.75 $53.53 $1,88 _ 1,421`75 $33.56 $. .88 19 2016 $1,938.75 $41.34 $1,897.41 421451\$25.81 $1,095.94 2017 $1,938.75 $29.58 $1,909.17 ''Sr-,,,.: 5 $18.34 $1,403.41 2018 $1,938.75 $18.21 $1,920.54 51; 0 5 $11.11 $1,410.64 - ft4OE u," ,,,-,„ „. .,, fr,,, , ,„ ‘, ._,,,, : ,,,y a ' " �a 's ,€ s'fig' `aa y� w axe e k "v Page 12 • TT v TABLE SCH 1 1�-Af'Y C�_C !'DCI"1!T CCIt� iUA T DAVII�ICA1'Y'� C"i^l l�lfll` y►�/Cr+T 17►9fDb�\/C11A �i�-C _ - _ - _Li§t hy gro ASSUME 2001 MUNICIP ND LIST EQUALS $13,235-141.03 - _ : -_. - .... _• _.Gr dan ,0%an- r continue to grow at 1.0%,discount r-atc 6% - a wn a t3 : -.- _ -" MULTIFAMILY LAND $15 000 .G CAPITAL: . TAX RATE ei TAX ON `SINGLES MULTI-FM YEAR EXPENDITURES GRAND LIST NEEDED -'" DU MF DU 9aAF€}: +lg {g 4-9964-996 $48500 e.e e,._� `,,$A-66 $8,-84�, ' $6 88 1996 1997 $84 g ' $2 63 $8 98 $o gg 1997 1906 $47075 0,00009A • A 6 10081009 $0 - 0:000000 . $ $$4.85 �$2.91 4-4994000 $0 - - Ff --_ $0 00 $5 88 2000 2001 $92`?850 .- $12 7 o6.nn 0.0072-8,5 $1.82 - $5_35 04 2001-2002 $113,675. $13,235,.111.03-- .0.910856 S' 2002 2003 $23500- $13,761,510.70-. __, 2003 2004 $210,113 $11,315,131.78 1 $3-67;�; ,$2-20 $15.74 $947 2004 2005 $50,975 $0-86 a $0.51 �,'. . $20.42 $12.25 2085-2006 0.006230 $4.56 k $o,94 522.34 $4344 2006 2007 0402488 $0,55 $0.33 $2540 $15 0S 28A7 2808 - - - 0:004634 50.11 $0:25 $26.93 $46;46 2008 2009 $0 2009 2010 y %: ,. .8-8980 WOO$0.00 00 $28.70 $17.22 $1-" 208 50 $008 $000 $30.11 $4&08 _ $18 8 0000 2010 2011 84 800 $&00 $0,00 $31.65 $18.99 20112012� �� - • ,, - '• $0,00 $0.90 33,23 4 94 *a 4000000 $04)0 - WOG $34.89 $20.93 2013 2014'� $414 80802.01 0-000080 30-00 50.00 $36 63 2014 2015 ., $0 $2, , 7,487.60 0.000000 50-00 $24�8 VI GO $38 47 $egg 2015 2016 =_-- ' 9<. ,Q$2 , .8,087.20 0-000090 50.00 -00 $40.39 1 $24.23 1 s Page 13 � urea T ACT FEES: RESIDENTIAL ONLY (e-entinued) TABLE SCH-2 IMPACT FEE CREDIT,— ® Try E TAY PAY-M-E es-� Q�?SCI-111P11 hiTV Ii1AD�n�e�e� I�ITC. -- ` -- • ASSUME 208114 : MP1tCIP�L Ggn'R�n i ICT C(11 IAI G cn,,oar 1,05k n� - Grand List has grown at 3.0%and will conti`4 c to row at 4.0%,discount rate 5% .Slfltri c ennnn v+n nin Coo�z`n� - - - ---._-_ ._ ,MULTI FAMILY LAND $150,009_ - I�> Atrs DWELLING Ar}aaat TAX RATE TAX ON-- • , { l . GLE F MULTI FAM YEAR Expense - BRAND LIST--_-NEEDED :_ SF DU MF DU DWELLING ^ = t31N6L' 'r 200 2001 $92 850 $12,743,762.00 0.007286 $48:‘ $118.01 ��� $80�6 2001 2002 . $113,675 $13,235,111.03. 9 g866 { ` g=$73 ,56 $46:2� V-07 8,3 2002 2003 $235-500 $13,761,510.79. 0:01-7409 $37.64 $89 40 4' $60.95 2003 2001 $210,113 $11,315,131.7g 0:014680 - $32-30 " ' $56 2.3 $38 34 2001 2005 $50 97-5 "'` _ $7.53 $26.74 $18.23 2005 2006 $96;60,z $15,183,216.53 • $13.73 . $20.55 $44;04. 2006 2007 $55239 $16,102,576.10 0.0021 8* - $348 $7-85 $645 2007 2008 $27,3-72 $4.67746 9-4<5 0.001631 :. $2-45 Y ~$3 42 $2-43 2008 2009 $0 $17 116,516.63 0:000000 $0-00 • $0-08 7 2009 2010. $0 $18 11 0850 9.000000 2010 2011 $0 '4. �.; $0 80 $0-00 0:000000 Vr,s0,042 :' $0:88 $0 00 2011 2012 $9 591,216 31 ,G:890000: , A, i.,:,,-: 4Zwia3a $0 09 $0 99 $0.00 $0:00 2012 2013 Lo4," `' z . ,L1.,.0ff 2013 2011 $0 09 $o00 $0`00 $0 09 $000 $0:002011 2015 .` 4 0 $0 09 $8:08 $0400 2015 2016 4, , -' 9-ee99e9 $e:99 $9:98 $e:89 $g:gg Ar gage 14 FIRE PROTF,CTION IMPACT FF,KS: RESIDENTIAL TABLE FP-7: NET RESIDENTIAL FIRE PROTECTION IMPACT FEES, PER UNIT Single Family Dwellings Multi-Family Dwellings Credit for Credit for Dwelling Credit for Future - - Credit for future Year Base fee past taxes Taxes Net Fee. Base.Fee past taxes-.;,, taxes Net Fee 2007 $304.85 -. $0.00 $168.74 $136.11 $192.16 $0.00- $106.80 $85.36 2008 $304.85 $0.04 $17427 $130.53 $192.16 $O 02 $110.30 $81.84 _ 2009 $304.85 $0.78 $133:91. $170.1-6 $192 16- $0 45 -. $84.75 _._$106.96- 2010 $304.85 $1.52 $93.42 - $209.91 $192,16,; $0 87 f $59.13 $132.16 2011 $304.85 $2.37 $46.90 $255 58 ,$19216X`` $1.35 $29.69 $161.12 2012 $304.85 $2.99 _$15.14 $286 72x '$192.16 $1.71 ' 9 58 $180.87 2013 $304.85 $3.34 $2.81 $298 71_ .$192.16� $1.91 $"F 8 " $188.48 2014 $304.85 $3.53 $1.68 $299 65 $'192.16 ;$2.01 $1 .065 $189.09 2015 $304.85 $3.72 $0.83 $300:30 '$192 16` $2.12 $0 53 $189.51 2016 $304.85 $3.91 $0.28 $300.66 $1926 $2.23 $0.18 $189.75 FIRE, PROTF,CTIO IMPACT' EES: 4 NON-,,,,'NON 4-NTrAL ..,,,,3,,, ,,,,,,,,,„„ f, ,. - TABLE FP-8- ESTIMATED POST DEVELOPMENT VALUES PER SQUARE FOOT OF FLOOR SPACE - Type-and Qualitysof Construction: k Fireproofed Steel Mason; or �;- Skeleton or V Concrete Bearing Wood Frame Pre Fabricated Type of f#se Reinforcedte ,,Wall Structure Structure Steel Structure ;K Cncpete Industnalt ahufacturing $66 y $49 $46 $45 Engineering £t Research r `' g g $88 � � $69 � $65 $64 General Office 1, $121 ' $9b $93 - $88 Medical Office v>ti $133 1 $113 $110 $104 General Retail 41 $84' $71 $69 $67 Auto Service Facility N/A $54 $51 $41 Elder Care Facility ° $102 $84 $81 $78 Motel N/A $74 $72 $72 Page 15 FIRE PROTECTION IMPACT FEES: NON-RESIDENTIAL (continued) TABLE FP-9: NON-RESIDENTIAL FIRE PROTECTION.IMPACT FEE CREDIT FOR:PAST T-AX.PAY ,t- Assume grand list has a 2006 value of$24,994,969, has grown.at-3.0:%,and will Contiy,; tow at 3.0%- TAX ON CONSTRUCTION-- -..ANNUAL. . TAX-RATE, :.-$-1000 EQ1TS $1,000 OF YEAR EXPENSE• - NEEDED_ VALUE , _, ASSESS :6: LU_E__, - 2007 $23,000 0.000920 $0.017` a $0:0®� 2008 $399,800 0.015529:.. . $0 ,. $0.01 2009 $396,000 0.014934 a .a $0.17 2010 $442,400 0.016198 $0.' $0.34i 2011 $303,700 0.010796 $0.11 ` v $0.53 2012 $120,000 • 0.004141 $0.04 $0.67 2013 $12,000 0.0004s1 _ ;: $0.00 $0.74 2014 $9,000 0.000293 0 00-• $0.78 2015 $6,000_ - 0.000189- 911 - 0.83 2016 $3,000- 0.000092`.. ..-$0 � $0.87 - - - TABLE FP-10: NON-RESIDENTIAL FIRE PROTECTION IMPACT FEE CREDIT FOR FUTURE TAX PAYMENTS Assume grand hst has a 2006 value of$24,994,969, has grown at 3.0%, and will continue to grow at 3.0% CONSTR CTION "' :TAX RATE TAX ON $1000 CREDITS PER $1,000 OF R PAYMENT. NEEDED VALUE ASSESSED VALUE K . $23,00 0.00092 . . $0.01 $0.53 2008 $399,80* 0.015 r29 $0.16 - $0.55 2009 '$396,000 0.014934 $0.15 $0.42 2010 E $442,400` ,, 0.016198 . . $0.16 $0.30 2011 ' ` 803,70 0.010796 $0.11 $0.15 2012 opt? 0.004141 $0.04 $0.05 2013 $` i.. 0.000402 $0.00 $0.01 2014 419,000 0.000293 $0.00 $0.01 2015 $6,000 0.000189 $0.00 $0.00 2016 $3,000 0.000092 $0.00 $0.00 Page 16 a � October 19, 2009 City of South Burlington Energy Committee The South Burlington City Council has created the South Burlington Energy Committee to serve the officials and people of the City of South Burlington. The South Burlington Energy Committee convened as an advisory committee for the first time at the beginning the year,on January 16 and has met monthly since. The Committee members are appointed by City Manager Chuck Halter to serve on an advisory basis. Following is an alphabetical list of people who have served on the Energy Committee in this first year. • Karen Alence • Maeve McBride • Allan Bullis • Debra Sachs • Steve Crowley • John St. Hilaire • Keith Epstein • Wes Sanders • Jen Jenkins • Rob Skiff • Peter Jones • Sam Swanson The Committee quickly decided to create working groups, subcommittees of the Committee,to organize and to plan activities that would serve the City. The Committee quickly developed a mission statement,an action plan for the year, and operating guidelines to facilitate a productive and open process. The mission of the South Burlington Energy Committee is to promote energy conservation, energy efficiency, and the use of renewable energy resources among the city's residents, businesses, and in municipal affairs. The committee will assist the City in meeting the goals "to promote energy efficiency, affordable energy, and lessen our reliance (per capita) on non-renewable energy resources. "[Chapter XVI of the City of South Burlington Comprehensive Plan as amended and readopted March 9, 20061 Our month to month activities involve active discussion of current and planned activities that serve this mission. We respond to requests from Paul Conner and Cathyann LaRose of the City's Planning and Zoning Department for advice and plan activities that promote energy efficiency and the use of renewable energy. Following are five major projects the Committee is sponsoring. We have established a"wiki"website where we post information about the work of the Committee and exchange ideas about current Committee projects and issues: http://sbec.wikispaces.com Greenhouse Gas Emissions Inventory Report Soon after its formation in December,the Energy Committee partnered with the UVM School of Natural Resources,and with the International Communities for Local Environmental Initiatives(ICLEI),to conduct an inventory of greenhouse gas emissions. This was completed by the end of the spring semester. This detailed assessment,available from the Committee,provides an important baseline against which to assess the success of future measures. It will also assist the City in identifying priority responses as we move forward. In most general terms,the Inventory shows that of the City's 460,000 tons of GHG emissions,62%are from the transportation sector. Beyond that, 19%are from commercial facilities, 14%from residents,4% industrial facilities,and 2%from waste facilities. The Switch South Burlington CFL Project The Energy Committee decided that replacing incandescent light bulbs with efficient compact fluorescent light bulbs("CFL")throughout South Burlington would contribute to our goals of reducing energy use and CO2 creation. We set a target to replace 30,000 additional CFLs that would save residents over$300,000 on their electricity bills and reduce CO2 emissions by 2.8 million pounds(1,400 tons). We formed a partnership with Efficiency Vermont,Ace Hardware,Aubuchon Hardware,and Healthy Living Market to fund the promotion 1 October 19, 2009 for the project using ads in South Burlington's Other Paper and a door hanger to be distributed throughout the residential areas. In addition,we will have monthly articles published in the Other Paper that addresses the CFL and other projects undertaken by the energy committee. Green Buildings Open House-Saturday 3 October 2009 The South Burlington Energy Committee served as the local organizer for the 14th edition of the nationwide "Solar Tour"sponsored by the American Solar Energy Society and presented in New England by the Northeast Sustainable Energy Association as the"Green Building Open House"(see http://www.ases.org/index.php?option=com content&view=article&id=795&Itemid=58 and http://www.nesea.org/greenbuilding/). Three residents of South Burlington(Allan Bullis, Donna Leban and Peter Jones)opened their homes to 50 visitors. The visitors had the opportunity to ask questions of the homeowners who have installed systems that reduce their expenditures on utilities, increase their energy efficiency and reduce their carbon footprints. Among the myriad of installations the hosts shared with their visitors were solar hot water heaters, solar photovoltaic electricity systems,day-lighting,Energy Star appliances,air sealing and insulation work. We organized a bike tour to visit all three sites to communicate our support for increasing the use of bicycles to get around South Burlington. The open house and bike tour were a success and plans are already in place to organize another tour next year. Button Up Vermont Workshops Button Up Vermont is working with the Energy Committee to present home energy saving workshops. South Burlington is hosting two of the 2.5 hour workshops.Residents will learn about: - Fundamentals of how homes lose energy, - Simple do-it-yourself measures for incremental energy savings, - Significant saving opportunities associated with extensive energy retrofits,and - Available technical and financial resources. Workshop participants will receive educational materials on measures they can undertake themselves,contact information for energy audit services, lending institutions that offer low-interest loans for energy retrofits,and other information. Button Up Vermont is an initiative of the Central Vermont Community Action Council, in partnership with the Vermont Energy and Climate Action Network and Efficiency Vermont. Funding is for this comes from Vermont's share of the proceeds from the sale of carbon credits through the Regional Greenhouse Gas Initiative. Energy Committee Low Carbon Diet Program We launched a SB Energy Committee leaders EcoTeam during August-September. Two members of this leaders'EcoTeam are starting Low Carbon Diet EcoTeams of their own. EcoTeams are a group of 5-8 households who work together over four-six weeks using the Low Carbon Diet workbook to reduce their household CO2 emissions.The total reduction of annual CO2 emissions in Northern VT from the work of 114 Low Carbon Diet EcoTeams stands at well over 800,000 pounds,400 tons. The Energy Committee will encourage others in our South Burlington community to join EcoTeams to help them reduce their carbon footprint. Long-Range Planning(LRP) The Energy Committee will assist the City in its Comprehensive Plan update by researching,developing and engaging the community on existing energy conditions,challenges and suggested policies,goals and objectives to advance shared goals and objectives.In addition,the LRP committee will develop a decision- model framework to help prioritize significant projects the City and the Energy Action Committee might advance in the near and long-term. 2 Aik 11/1 south Charles E. Hefter, City Manager October 16, 2009 Chair and City Council South Burlington, VT 05403 Re: Review of Draft General Stormwater Permit requirements; Tom Dipietro, Storm Water Utility Superintendent To All Members: The State Agency of Natural Resources has issued the first draft General Permit for designated discharges into Bartlett, Centennial, Englesby, Morehouse and Potash Brook Watersheds. This is a first-stage of more permit requirements to come and only effects properties that have a direct discharge into these brooks and do not use any of the municipal system. As such there is no impact on the City, but as the regulations do effect a group of our property owners, I wanted to have them reviewed for you. A list of the effected owners is attached. The State has sent a letter to all effected owners and held a meeting last week with them in South Burlington. I have asked Tom Dipietro to prepare a presentation that will be in plain English to explain the impact of these draft regulations. As such, I have included in your package a copy of the presentation, a list of property owners, and a summary fact sheet put out by the ANR. I have not included the draft of the technical permit itself,but can make a copy upon request. The City has some questions and concerns with some of the permit language and requirements. Tom will discuss these with Council and we will make comments to ANR following the meeting Monday. Paul Conner and I have also shared these concerns at a meeting with Se. Lyons and Rep. Head. Sincerely, Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Three Categories of Dischargers Designated discharges from: Review of Draft RDA State • Property with existing impervious surface that are Stormwater Permit subject to a previously issued State SW permit • Property with existing impervious surfaces greater than I acre that do not have a previously issued Summary by Tom DiPietro State SW Permit South Burlington Stormwater Superintendent • Property with existing impervious surfaces less than I acre that do not have a previously issued State SW permit Category 1 : Existing Category 1 Projects Must Impervious w/ State SW Permit • Complete an EFA,but increase amount of �.� a ._• R :- �. infiltration from what is in the 2002 SW Manual. • Construct BMPs identified in the EFA * • EFA limits what must be done(e.g.does not require off site treatment,sub-surface storage or 1 ' treatment structures,removal of impervious b surface K k 4 • Annual inspection and reporting requirements. 400 Swift Street AND Ridgewood Harbor View and Bay Crest Condos (1-5&5.9) (l.6&1.3) 4 Souch.ar'' °" N �r-.t:!•r L u.... Scormwe.•r Ubinr Category 1 : Existing Category 2 Projects Must Impervious w/ State SW Permit • Complete a Site Assessment(SA),which requires data collection and creation of a site map. d i ,` _ • Site map must show:impervious areas,elevation, > r� drainage structures,soil information,utilities, forested areas,conserved areas,etc... • This SA is sent to ANR and they determine what, 1y N r. if anything,must be done. No information on how \./` Al this determination will be made is given. 355 Patchen Road 20 and 30 Kimball Avenge • Also,property must disconnect impervious area. (0.38) (1.4&1.3) 4 *StornweeLer UtOtty 4 t water uW.yy Category 2: Existing Impervious > 1 acre w/out a Category 3 Projects Must f � , 10 �.'. 44 = • Disconnect impervious areas. • Lists acceptable BMPs for disconnection as > y` ) redirection of downspouts and rain gardens. .l: ii 1937 Williston Road 1076 Williston Road&393 Patchen Road (18) (3.8&1.0) 4 tom...,Wit, ¶ w.te•Meld, Category 3: Existing Category 3: Existing Impervious < Impervious < 1 Acre w/out a 1 Acre w/out a State SW Permit el--1 \ r t 'At ', 't' • . i wowj 1691 and 1693 Shelburne Road 294 and 300 Swift Street Homes on Shepard Cane Homes on Brigham Road (0.52&0.3) (0.06&0.14) (0.03 to 0.08) (0.001 to 0.07) 4 .0.Sto nester•lluott 4 s •her uu rts Other Interesting Things to Questions on the Draft Permit Note • Why is the infiltration standard changing from what is in • NOI must be posted in City offices and notice of the 2002 VSMM. Is this feasible? issuance must be recorded in land records • If category l and you've paved your lot(i.e.there is no • No fee,but there could be based on the type of space for a SW BMP)according to the proposed EFA you permit. don't have to do anything There is no impact fee. • If category I and you have open space left you will be • Inspection and reporting requirements required to use that land for SW treatment. No • Section 1.B"This permit does not prevent a compensation for the value of that land. municipality from adopting stricter standards...A • No incentive to work together if your lot is paved,but your municipality may voluntarily assume neighbor has space available. responsibility for permit coverage for a designated • How will ANR review SA's and determine who has to do discharge if agreed to by the department. what? Using EFA or some other method? 4 South Burl iurm.•ier u�i rt. 4 South Sri" Questions on the Draft Permit Deadlines • Why aren't rain barrels included as a method of disconnection? • • Will category 3 properties have permits attached to them? Public Meeting on October 14(4)6 pm at City Office • How will ANR enforce disconnection requirements in Conference Room • category 3 properties. Limited staff for inspection of Public Comment period ends on October 30 construction sites and existing permits,checking if • Designated Discharges in category I and 2 must comply someone's downspout is pointed the right direction will by December 16,2009(complete NOI) require more staff time. • Category 1 must do EFA by June 31,2011 and construct • What about the rest of the properties in the watershed? within 18 months of approval Permit for them coming?Similar? • Category 2 must do SA by December 31,2010 and • Does a de minimums exemption make sense? implement disconnection BMPs by June 30,2010 • Category 3 must implement BMPs by June 30,2010 4 mrmw•ter Ut.ntr m swcn a : ton �Starweteter UUM1q Designated Discharges to Bartlett, Centennial, Englesby, Morehouse, and Potash Brooks 1. Designated Discharges from Property with Existing Impervious Surfaces that are Subject to a Previously Issued State Stormwater Permit Parcel Number Location Address Location Town Watershed Impervious Area Permit (acres) 0150-0000A 33 Harbor View Condos South Burlington Bartlett Brook 1.5690 2-0120 0150-0000B 25 Baycrest Drive Condos South Burlington Bartlett Brook 2.2994 2-0120 056-3-022 Harbor Watch Condos Burlington Englesby Brook 1.3930 2-1014 0570-00155 155 Dorset St South Burlington Potash Brook 40.7220 1-0503 0570-00911 Indian Creek Condos South Burlington Potash Brook 4.9031 1-0239 0980-00020 20 Kimball Ave South Burlington Potash Brook 1.4337 2-0939 0980-00030 30 Kimball Ave South Burlington Potash Brook 1.2911 1-1526 0980-00040 30 Kimball Ave South Burlington Potash Brook 0.3873 1-1526 0980-00070 70 Kimball Ave South Burlington Potash Brook 3.2860 1-0969 0980-00102 102 Kimball Ave South Burlington Potash Brook 4.3622 1-0526 0980-00106 106 Kimball Ave South Burlington Potash Brook 2.0998 1-1000 0990-00355 355 Patchen Road South Burlington Centennial Brook 0.3758 1-0946 1215-00068 68 Nesti Dr South Burlington Bartlett Brook 3.6848 1-0949 1222-0000A Common land for Nicklaus Circle South Burlington Potash Brook 0.8103 1-1241 1222-00026 26 Nicklaus Circle South Burlington Potash Brook 0.0605 1-1241 1222-00028 28 Nicklaus Circle South Burlington Potash Brook 0.0577 1-1241 1222-00056 56 Nicklaus Circle South Burlington Potash Brook 0.0506 1-1241 1222-00057 57 Nicklaus Circle South Burlington Potash Brook 0.0657 1-1241 1222-00058 58 Nicklaus Circle South Burlington Potash Brook 0.0562 1-1241 1222-00059 59 Nicklaus Circle South Burlington Potash Brook 0.0541 1-1241 1222-00089 89 Nicklaus Circle South Burlington Potash Brook 0.0660 1-1241 1222-00091 91 Nicklaus Circle South Burlington Potash Brook 0.0522 1-1241 1222-00120 120 Nicklaus Circle South Burlington Potash Brook 0.0558 1-1241 1420-00350 92 - 248 Quarry Hill Road South Burlington Potash Brook 2.8317 1-0234 1540-01700 1700 Shelburne Rd South Burlington Bartlett Brook 1.0332 1-1372 1540-01720 1720 Shelburne Rd South Burlington Bartlett Brook 5.6512 2-1073 1540-01785 1785 Shelburne Road South Burlington Bartlett Brook 0.8168 1-1134 1540-01795 1795 Shelburne Road - South Burlington Bartlett Brook 0.8718 1-0705 1540-01801 1801 Shelburne Road South Burlington Bartlett Brook 0.6831 1-0523 1700-00085 85 Swift Street South Burlington Potash Brook 2.7574 2-0228 1700-00400 400 Swift Street South Burlington Potash Brook 1.5374 2-0179 1740-00200 54 & 56 Twin Oaks Terr South Burlington Potash Brook 0.9431 2-1069 1810-00870 870 Williston Rd South Burlington Centennial Brook 7.1753 1-0701 JAM_GOLF Vermont National Country Club South Burlington Potash Brook 0.6219 1-1241 Ridgewood_CL Ridgewood Condos South Burlington Potash Brook 5.8746 1-0239 2. Designated Discharges from Property with Existing Impervious Surfaces Greater than One Acre that do not have a Previously Issued State Stormwater Permit Parcel Number Location Address Location Town Watershed Impervious Area Permit (acres) 047-1-008-000 140 Grove St Burlington Centennial Brook 3.1380 No Permit 057-1-002 180 Flynn Av Burlington Englesby Brook 5.6436 No Permit 057-1-003 208 Flynn Av Burlington Englesby Brook 3.8161 No Permit 057-1-004 208 Flynn Av Burlington Englesby Brook 1.1023 No Permit 1290-00393 393 Patchen Rd South Burlington Centennial Brook 1.0372 No Permit 6 1810-01076 1076 Williston Rd South Burlington Centennial Brook 3.7929 No Permit 1810-01937 1937 Williston Rd South Burlington Potash Brook 1.7236 No Permit Created 9/29/2009 Pagelof2 3. Designated Discharges from Property with Existing Impervious Surfaces Less than One Acre that do not have a Previously Issued State Stormwater Permit Parcel Number Location Address Location Town Watershed Impervious Area Permit (acres) 0040-00100 100 Allen Road South Burlington Bartlett Brook 0.5565 No Permit 0040-00120 120 Allen Road South Burlington Bartlett Brook 0.0403 No Permit 0040-00150 150 Allen Road South Burlington Bartlett Brook 0.1103 No Permit 0252-0000A Bluff Court Condos South Burlington Centennial Brook 0.2309 No Permit 0270-00018 18 South Beach Road South Burlington Bartlett Brook 0.0443 No Permit 0270-00025 25 Brigham Rd South Burlington Bartlett Brook 0.0710 No Permit 0270-00026 26 Brigham Rd South Burlington Bartlett Brook 0.0012 No Permit 0270-00027 27 Brigham Rd South Burlington Bartlett Brook 0.0086 No Permit 0270-00030 30 Brigham Rd South Burlington Bartlett Brook 0.0187 No Permit 0270-00032 32 Brigham Rd South Burlington Bartlett Brook 0.0325 No Permit 0270-00034 34 Brigham Rd South Burlington Bartlett Brook 0.0566 No Permit 0270-00036 36 Brigham Rd South Burlington Bartlett Brook 0.0616 No Permit 04-01-01.000 3958 Spear Street Shelburne Bartlett Brook 0.1143 No Permit 04-01-02.000 4012 Spear Street Shelburne Bartlett Brook 0.1464 No Permit 04-01-04.000 4070 Spear Street Shelburne Bartlett Brook 0.0772 No Permit 047-1-007-000 100 Grove St Burlington Centennial Brook 0.3030 No Permit 0570-01200 1200 Dorset St South Burlington Potash Brook 0.2303 No Permit 0570-01225 1225 Dorset St South Burlington Potash Brook 0.3502 No Permit 057-1-015 53 Sears Ln Burlington Englesby Brook 0.1899 No Permit 0679-00050 50 Folsom Road South Burlington Potash Brook 0.3412 No Permit 0679-00060 60 Folsom Road South Burlington Potash Brook 0.1732 No Permit 0679-00068 68 Folsom Road South Burlington Potash Brook 0.1319 No Permit 0679-00070 70 Folsom Road South Burlington Potash Brook 0.1509 No Permit 0679-00076 76 Folsom Road South Burlington Potash Brook 0.0761 No Permit 0780-00025 25 Harbor View Rd South Burlington Bartlett Brook 0.4255 No Permit 0860-00075 49-159 Village Green Drive South Burlington Potash Brook 0.7719 No Permit 0860-01398 1398 Hinesburg Road South Burlington Potash Brook 0.3772 No Permit 0860-01400 1400 Hinesburg Rd South Burlington Potash Brook 0.1067 No Permit 0860-01402 1402 Hinesburg Rd South Burlington Potash Brook 0.1159 No Permit 1290-00131 131 Patchen Rd South Burlington Centennial Brook 0.1107 No Permit 1290-00319 319 Patchen Rd South Burlington _Centennial Brook 0.1465 No Permit 1290-00339 339 Patchen Rd South Burlington Centennial Brook 0.1659 No Permit 1290-00361 361 Patchen Rd South Burlington Centennial Brook 0.0327 No Permit 1290-357-9 357-359 Patchen Rd South Burlington Centennial Brook 0.0652 No Permit 1430-00303 303 Queen City Parkway South Burlington Potash Brook 0.7650 No Permit 1430-00503 503 Queen City Parkway South Burlington Potash Brook 0.7175 No Permit 1540-01691 1691 Shelburne Rd South Burlington Bartlett Brook 0.5194 No Permit 1540-01693 1693 Shelburne Rd South Burlington Bartlett Brook 0.2994 No Permit 1545-00049 49 Shepard Lane South Burlington Centennial Brook 0.0847 No Permit 1545-00069 69 Shepard Lane South Burlington Centennial Brook 0.0391 No Permit 1545-00086 86 Shepard Lane South Burlington Centennial Brook 0.0271 No Permit 1640-01100 1100 Spear Street South Burlington Potash Brook 0.2223 No Permit 1640-01102 1102 Spear Street South Burlington Potash Brook 0.0826 No Permit 1640-01234 1234 Spear Street South Burlington Potash Brook 0.0953 No Permit 1640-01967 1967 Spear St South Burlington Bartlett Brook 0.3781 No Permit 1640-01971 1971 Spear St South Burlington Bartlett Brook 0.1717 No Permit 1640-01975 1975 Spear St South Burlington Bartlett Brook 0.2109 No Permit 1640-01985 1985 Spear St . South Burlington Bartlett Brook 0.3528 No Permit 1700-00294 294 Swift St South Burlington Potash Brook 0.0573 No Permit 1700-00300 300 Swift St South Burlington Potash Brook 0.1418 No Permit ROAD Folsom Hollow Road South Burlington Potash Brook 0.7846 No Permit Created 9/29/2009 Page2of2 . VERMONT Vermont Department of Environmental Conservation Agency of Natural Resources Water Quality Division l03 South Main Street,Building io North [phone] 8o2-241-377o Waterbury,VT o5671-o4o8 [fax] 802-241-3287 Date: September 29, 2009 To: Owners/Operators of Designated Stormwater Discharges to Bartlett, Centennial, Englesby, Morehouse, and Potash Brooks Re: Notice of Draft General Stormwater Permit and Invitation to Comment This letter is to inform you of the issuance of draft General Permit 3-9030 for Designated Discharges to the Bartlett, Centennial, Englesby, Morehouse and Potash Brook Watersheds and to invite your comments on this draft. You are receiving this notice as a follow-up to the Department's July 2, 2009 notice that your property has a stormwater discharge that requires a NPDES stormwater discharge permit. You will need to apply for coverage under this general permit once it is finalized. Included with this letter are the following: 1. The draft General Permit 3-9030 for Designated Discharges; 2. A Fact Sheet that describes and explains the draft General Permit; and 3. A categorized list of designated discharges that will assist you in determining which permit requirements apply to your discharge. Background On August 28, 2008, the Vermont Environmental Court, in response to a Conservation Law Foundation petition, ordered the Vermont Agency of Natural Resources (VTANR) to designate existing unregulated stormwater discharges in Bartlett, Centennial, Englesby, Morehouse, and Potash Brooks as needing federal permits under authority granted by the Clean Water Act (CWA). See in re: Stormwater NPDES Petition(Conservation Law Foundation Appeal, Docket No. 14-1-07 Vtec, (August 28, 2008). The five streams subject to the Court's judgment order are impaired as a result of stormwater runoff. The Department is authorized under the CWA to control stormwater-runoff pollution by designating certain stormwater discharges as requiring federal National Pollutant Discharge Elimination System (NPDES) permits, commonly referred to as "NPDES permits. To preserve,enhance,restore,and conserve Vermont's natural resources,and protect human health,for the benefit of this and future generations. A Designated Discharge is defined as a stormwater discharge from an impervious surface if the discharge is not covered by one of the following permits: a)A NPDES industrial Multi Sector General Permit(MSGP); b)A NPDES wastewater permit that includes stormwater discharges; c)A state stormwater discharge permit with an associated offset or on-site controls that result in no net contribution to the receiving water; or d) A NPDES municipal separate storm sewer system(MS4)permit. Parcels with coverage under the MSGP, direct discharge wastewater permits, or appropriate individual stormwater permits, were identified using data maintained by the Department. Non- municipal discharges into the MS4 system or discharges that commingle with the MS4 system are considered to be already covered by the MS4 permit and are not subject to this designation. Proposed General Permit A copy of the proposed General Permit and Fact Sheet are enclosed. These are also available on the Stormwater Program's website: http://www.vtwaterquality.org/stormwater/htm/sw RDA.htm. This draft General Permit provides different application requirements for three specified categories of designated discharges, as follows: • Designated Discharges from Property with Existing Impervious Surfaces that are Subject to a Previously Issued State Stormwater Permit: This category of designated discharges must apply for general permit coverage by submitting a Notice of Intent(NOI)to the Department by December 16, 2009. • Designated Discharges from Property with Existing Impervious Surfaces Greater than One Acre that do not have a Previously Issued State Stormwater Permit: This category of designated discharges must apply for general permit coverage by submitting a NOI to the Department by December 16, 2009. • Designated Discharges from Property with Existing Impervious Surfaces Less than One Acre that do not have a Previously Issued State Stormwater Permit: A designated discharge from property that has impervious surfaces less than one acre that are not subject to a previously issued state stormwater discharge permit shall be automatically authorized to discharge upon the effective date of the final General Permit. A NOI is not required for such a designated discharge. However,this coverage will be lost if the best management practices described in Appendix C of the General Permit are not implemented by June 30, 2010. . Public Informational Meeting and Contact Information The Department will hold a public informational meeting for the owners/operators of designated discharges on Wednesday October 14th at 6:00 pm at the South Burlington City Hall in the City Council conference room. The meeting is being held to answer questions about the General 2 Permit requirements and process, as well as how the property list of designated discharges was generated. You may also offer comments at the meeting; however for any comment to be officially documented, it will need to be made in writing. The Department will be accepting comments through October 30, 2009. Comments should be submitted to: VT Water Quality Division c/o Jennifer Callahan 103 S Main Street—Building 10 North Waterbury, VT 05676 Or electronically to Jennifer.Callahan@state.vt.us Following this comment period, the Department will finalize the General Permit and the list of properties subject to the General Permit. At that time you will receive a final designation notice, a copy of the final General Permit and a Responsiveness Summary to written comments received during the comment period. If you have any questions regarding this letter please contact Jennifer Callahan in the Stormwater Program at 802-241-3780. Sincerely, Peter LaFlamme, Director Division of Water Quality 3 AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION WATER QUALITY DIVISION FACT SHEET NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT 3-9030 FOR DESIGNATED DISCHARGES TO THE BARTLETT, CENTENNIAL,ENGLESBY,MOREHOUSE AND POTASH BROOK WATERSHEDS CONTENTS Summary 1 Comment Period 2 Public Meeting Schedule 2 Contact Information 2 Background 3 Use of general permit option 4 The General Permit--Information concerning certain provisions .4 Reference Sites: This document references Vermont statutes, Department rules and regulations, the Federal Clean Water Act, and Federal rules. See the specific web sites below for further information. • The text of Vermont statutes can be found at: http://www.leg.state.vt.us/statutes/statutes2.htm • The text of Department rules can be found at: http://www.anr.state.vt.us/dec/ww/Rules/WPC/chap1312.pdf • The text of the Clean Water Act can be found at: http://www.epa.gov/npdes/pubs/cwatxt.txt • The text of Title 40,Part 122 of the Federal rules can be found at: http://www.access.gpo.gov/nara/cfr/waisidx 08/40cfr122 08.html • The text of the Department's initial residual designation notice for Bartlett, Centennial, Englesby, Morehouse and Potash Brooks can be found at: http://www.vtwaterquality.org/stormwater/htm/sw_RDA.htm • Additional information concerning the regulation of stormwater in Vermont may be found at: http://www.vtwaterquality.org/stormwater.htm Summary The Department of Environmental Conservation(Department) is providing this Notice of the issuance of draft General Permit 3-9030 for Designated Discharges to the Bartlett, Centennial, Englesby, Morehouse and Potash Brook Watersheds. This draft general permit is issued pursuant to the Department's federally-delegated National Pollutant Discharge and Elimination System (NPDES) program. This general permit is applicable to designated discharges of stormwater runoff that previously received a notice of designation from the Department on June 19, 2009. This general permit describes permit coverage and limitations, definitions, requirements, procedures, and standard conditions. 1 Comment Period The public comment period on this draft general permit is from September 30, 2009 through October 30, 2009. Interested parties may submit written comments on the general permit to the Department at the address given below by no later than 4:30 p.m. October 30, 2009. E-mail may also be used to submit comments. All relevant comments will be considered by the Department in issuing this general permit. After reviewing these comments and making appropriate changes to the general permit, if any, the Department intends to issue a final general permit, effective upon date of issuance. Owners of property with designated discharges will have until December 16, 2009 to file a Notice of Intent to comply with this general permit. Public Meeting Schedule The Department has scheduled a public meeting about the draft general permit for 6:00 p.m. on October 14, 2009 at the South Burlington City Hall Conference Room located at 575 Dorset Street in South Burlington, Vermont. At the meeting, Department staff will be available to answer questions concerning the general permit and implementation of the Total Maximum Daily Loads (TMDLs) for Bartlett, Centennial, Englesby, Morehouse and Potash brooks. Contact Information A copy of the proposed general permit,the initial Notice of Residual Designation, and TMDL for each watershed is available on-line at http://www.vtwaterquality.org/stormwater/htm/sw RDA.htm. For additional information concerning the permit contact: VT Water Quality Division c/o Jennifer Callahan 103 S Main Street—Building 10 North Waterbury, VT 05676 Or electronically to Jennifer.Callahan@state.vt.us Or call: 802-241-3780. 2 BACKGROUND Under Clean Water Act ("CWA") section 402(p), 33 U.S.C. § 1342(p),the United States Environmental Protection Agency("EPA") established permitting requirements for certain stormwater discharges. Section 402(p)(1)requires EPA, or states that are delegated to implement the Clean Water Act, such as Vermont,to address through permits the specific following types of storm water discharges: •Discharges subject to an NPDES permit before February 4, 1987; •Discharges associated with industrial activity, including construction; •Discharges from a municipal separate storm sewer system serving a population of 250,000 or more; • Discharges from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000. In addition, Section 402(p)(2)(E) and(6) and 40 C.F.R. § 122.26 (a)(9)(i)(C) and(D), provide that the EPA Regional Administrator or, in states where there is an approved state program,the State Director may designate additional stormwater discharges as requiring National Pollutant Discharge Elimination System(NPDES)permits where he or she determines that: (C) stormwater controls are needed for the discharge based on wasteload allocations that are part of"total maximum daily loads" (TMDLs)that address the pollutants of concern, or(D)the discharge, or category of discharges within a geographic area, contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. This authority is commonly referred to as Residual Designation Authority(RDA). The Department recently exercised residual designation authority pursuant to 40 C.F.R. Section 122.26(a)(9)(i)(D) for certain designated discharges to Bartlett, Centennial, Englesby, Morehouse and Potash Brooks as a result of a petition filed by the Conservation Law Foundation (CLF) and an August 2008 Judgment Order from the Vermont Environmental Court which ordered that: NPDES permits are required for all identified, currently unregulated stormwater discharges that VTANR has determined contribute to violations of the Vermont Water Quality Standards in the five Brooks identified as impaired in these proceedings. We specifically conclude that ANR must exercise its residual designation authority...to require dischargers to apply for NPDES permits for the specific stormwater discharges that have been identified as contributing in more than a"de minimum" manner to the impairment of the identified Brooks. It further stated, "We direct that ANR begin notifying contributing dischargers, pursuant to a specific schedule, of their obligation to apply for NPDES permits within 180 days of receiving notice."The Environmental Court defined "currently unregulated" stormwater discharges from point sources as "currently unregulated under the state stormwater'law and the NPDES permits for construction, industrial and municipal sites...." In re: 3 Stormwater NPDES Petition(Conservation Law Foundation Appeal) Docket No. 14-1-07 Vtec (Aug. 28, 2008). The Department issued its notice of residual designation to approximately 450 property owners in the five watersheds on June 19, 2009. A designated discharge is defined as a stormwater discharge from an impervious surface to Bartlett Brook if such discharge is not covered under the NPDES municipal separate storm sewer system (MS4) permit or another NDPES permit(e.g.,NPDES industrial or wastewater discharge permit), or is not authorized by a state stormwater discharge permit with an associated offset or on-site controls that result in no net contribution to the receiving water. Non-municipal discharges into the MS4 system or discharges that commingle with the MS4 system are not subject to the designation. The designation includes non-municipal discharges that are contributing stormwater runoff from an impervious surface to a specifically identified point source outfall to Bartlett Brook that is not currently covered under a NPDES permit or a state stormwater discharge permit with an associated offset or on-site controls that result in no net contribution to the receiving water. For purposes of the initial designation, impervious surface means: man made surfaces, including,but not limited to, paved and unpaved roads,parking areas, roofs, driveways and walkways, from which precipitation runs off rather than infiltrates. This draft general permit is applicable to these designated discharges and to any additional stormwater discharges to these five waterbodies that the Department designates pursuant to its residual designation authority. Where a property containing a designated discharge is owned by one person, but is operated by another person, the operator of the property is required to obtain the NDPES permit. Designated dischargers need to apply for coverage by December 16,2009. During the public comment period on this general permit or during any appeal of this general permit, the question of whether a particular designation is proper will remain open for consideration. USE OF GENERAL PERMIT OPTION Section 13.12 of the Vermont Water Pollution Control Permit Regulations authorizes the issuance of"general permits" to cover a category of discharges, including stormwater runoff, within an existing geographic area. The Secretary has determined that the designated discharges may be appropriately controlled through a general permit process. This draft general permit meets the requirements of Section 13.12 of the Vermont Water Pollution Control Permit Regulations. Pursuant to subpart IV.E. of the draft general permit,the Secretary reserves the right to require an individual permit for a designated discharge in accordance with that subpart. SUMMARY OF KEY PROVISIONS IN GENERAL PERMIT Part I General Permit Coverage This general permit authorizes a designated discharge to Bartlett, Centennial, Englesby, Morehouse and Potash Brooks provided that authorization to discharge is obtained and 4 • compliance with the terms and conditions of the general permit is maintained. Owners or operators of property from which there is a designated discharge shall obtain coverage under this general permit. A designated discharge is a stormwater discharge from an impervious surface to Bartlett, Centennial, Englesby, Morehouse or Potash Brook if such • stormwater discharge is not covered under a NPDES municipal separate storm sewer system(MS4)permit or another NPDES permit or is not authorized by a state stormwater • discharge permit with an associated offset or on-site controls that result in no net contribution to the receiving water. Non-municipal stormwater discharges into a MS4 system or stormwater discharges that commingle with the MS4 system are not subject to this designation. This permit is issued in accordance with Vermont's federally-delegated NPDES stormwater program pursuant to the following state and federal laws and rules: the Vermont Water Pollution Control statute, 10 V.S.A. Chapter 47;the Vermont Water Pollution Control Rules, chapter 13, including the rule governing general permits in Section 13.12; the federal Clean Water Act, as amended, 33 U.S.C.A. 1251 et seq.; and related regulations of the federal Environmental Protection Agency including 40 C.F.R 122. This permit is consistent with the EPA- approved Total Maximum Daily Loads (TMDLs) for Bartlett, Centennial, Englesby, Morehouse and Potash Brooks. This permit does not authorize stormwater discharge-related activities (e.g. BMP installation)when the discharge-related activity is likely to jeopardize the continued existence of any State or federally threatened or endangered species or result in the destruction or adverse modification of any critical habitat. The Secretary has determined that if a designated discharge obtains coverage and is in compliance with the terms and conditions of this general permit, the discharge will not be contributing to a water quality standards violation pursuant to 40 C.F.R. § 122.26 (a)(9)(i)(D). This part also explains how this draft general permit relates to Vermont's State Stormwater Law. In accordance with Section 22-306 of the Department's Stormwater- Management Rule for Stormwater-Impaired Waters (Chapter 22, Environmental Protection Rules), a designated discharge that receives authorization under this general permit is no longer required to renew its previously issued state stormwater operational permit pursuant to Chapter 22 of the Environmental Protection Rules(EPR) and 10 V.S.A. Sections 1264 and 1264a. However, if the authorized designated discharge is expanded or increased, then coverage under EPR Chapter 22 and 10 V.S.A. Sections 1264 and 1264a may be required for the expanded or increased discharge as further described in Subsection V.E. of the general permit. Part II Definitions This part provides relevant definitions such as: stormwater best management practice or stormwater BMPs, designated discharge, impervious surface, previously issued state stormwater discharge permit, owner or operator and stormwater runoff. 5 Part III Application Requirements This part provides application requirements that designated discharges need to comply with in order to obtain permit coverage. This draft general permit provides different application requirements for three specified categories of designated discharges, as follows: • Designated Discharges from Property with Existing Impervious Surfaces that are Subject to a Previously Issued State Stormwater Permit This category of designated discharges shall apply for general permit coverage by submitting a Notice of Intent (NOI)to the Department by December 16, 2009. • Designated Discharges from Property with Existing Impervious Surfaces Greater than One Acre that do not have a Previously Issued State Stormwater Permit This category of designated discharges shall apply for general permit coverage by submitting a NOI to the Department by December 16, 2009. • Designated Discharges from Property with Existing Impervious Surfaces Less than One Acre that do not have a Previously Issued State Stormwater Permit A designated discharge from property that has impervious surfaces less than one acre that are not subject to a previously issued state stormwater discharge permit shall be authorized to discharge upon the effective date of this permit. A NOI is not required for such a designated discharge. By no later than June 30, 2010, the permittee shall implement the BMPs set forth in Appendix C of this general permit. Authorization to discharge shall terminate any time after June 30, 2010 if the BMPs set forth in Appendix C are not implemented for a designated discharge. This part also describes the public notice and comment procedures required for applications to discharge under this general permit. This part also specifies that a one- page notice of authorization to discharge under this general permit must be filed by each permittee in the local land records. Part IV Permit Submittal Requirements and Collection, Treatment and Control Standards This part specifies the submittal requirements and stormwater collection, treatment and control standards applicable to three categories of designated discharges as follows: • Designated Discharges from Property with Existing Impervious Surfaces that are Subject to a Previously Issued State Stormwater Permit 6 An applicant for permit coverage for a designated discharge from property that is subject to a previously issued state stormwater discharge permit shall: 1. By June 31,2011, conduct and submit to the Department an analysis conducted in accordance with the requirements contained in Appendix A to this general permit. The applicant shall also submit design plans for implementing the BMPs identified in this analysis. 2. By no later than eighteen (18) months of the Secretary's approval of the analysis and design plans,the permittee shall implement the approved stormwater BMPs for the designated discharge. 3. Within sixty (60) days of completion of implementation of the identified BMPs, the permittee shall submit to the Secretary a written statement signed by a designer that the identified BMPs have been built or implemented and are currently operating in compliance with the plans and this general permit. As-built- plans shall be submitted with the certification if the BMPs have changed from the original plans submitted to the Department. • Designated Discharges from Property with Existing Impervious Surfaces Greater than One Acre that do not have a Previously Issued State Stormwater Permit An applicant for permit coverage for property from which there is a designated discharge and that has impervious surfaces greater than one acre that are entirely or partially subject to a previously issued state stormwater discharge permit shall: 1. By December 31,2010, conduct and submit a Site Assessment(SA) conducted in accordance with the Department's VTDEC Procedure for Site Assessments in Appendix B to this general permit. 2. If, after review of the SA and other available information,the Department determines that stormwater BMPs must be implemented for the subject property in order to implement the applicable TMDL,the Secretary shall reopen this permit to specify and require implementation of these BMPs by the permittee. The Secretary shall require that construction of such BMPs shall be completed within 18 months of the effective date of the amended permit. 3. By June 30,2010, the permittee shall implement the BMPs set forth in Appendix C of this general permit. Authorization to discharge shall terminate at any time after June 30,2010, if the BMPs set forth in Appendix C are not being implemented for a designated discharge. 7 • Designated Discharges from Property with Existing Impervious Surfaces Less than One Acre that do not have a Previously Issued State Stormwater Permit A designated discharge from property that has impervious surfaces less than one acre that are not subject to a previously issued state stormwater discharge permit shall be authorized to discharge upon the effective date of this permit. By June 30, 2010, the permittee shall implement the BMPs set forth in Appendix C of this general permit.. Authorization to discharge shall terminate any time after June 30, 2010 if the BMPs set forth in Appendix C are not being implemented for a designated discharge. Part V Operation and Maintenance This part describes requirements for the operation and maintenance of stormwater BMPs required by this general permit, annual inspections and report submittals, designer certifications of compliance, changes to authorized discharges or impervious surfaces and recordkeeping. The permittee shall at all times properly operate, inspect and maintain all stormwater BMPs that are installed or used by the permittee to achieve and maintain compliance with this general permit. The permittee shall use the operation, maintenance and inspection checklists provided by the Secretary. The stormwater BMPs for a designated discharge shall be properly operated and maintained and shall be inspected at least twice per year. The permittee shall submit an annual inspection report to the Secretary by December 31st of each year. In accordance with a schedule provided in the authorization to discharge, a permittee shall submit to the Secretary a written statement signed by a designer that the stormwater BMPs for a designated discharge is properly operating and maintained. Any erosion or associated discharge of sediment from the stormwater BMPs for a designated discharge shall be corrected immediately. This part also provides requirements for any changes to an authorized stormwater discharges or impervious surfaces covered by this general permit. A permittee shall notify the Secretary of any planned development, facility, or impervious surface expansions and/or changes that may result in new, expanded or increased stormwater discharges. The Secretary may require the permittee to submit additional information on the proposed changes. If there will be a new, expanded or increased stormwater discharge,the permittee shall obtain coverage under a state stormwater permit for such new, expanded or increased discharge if required pursuant to EPR Chapter 22 and 10 V.S.A. Sections 1264 and 1264a, or under another appropriate general or general permit issued by the Secretary. Part VI Standard Conditions This part includes a set of standard conditions such as: duty to comply, duty to apply, modification of general permit, reissuance of general permit, revocation of authorization to 8 discharge, right of entry and inspection for the Secretary, recordkeeping requirements, requiring an individual permit and signatory requirements for permit submittals. Part VII Violation of Permit Requirements Part VII provides that a permittee shall comply with all terms and conditions of this permit and that any permit noncompliance constitutes a violation of 10 V.S.A. Chapter 47 and the federal Clean Water Act, and is grounds for an enforcement action, or suspension or revocation of the permittee's authorization to discharge under this permit. Part VIII Appeals Part VIII of provides that the final permit may be appealed to the Vermont Environmental Court in accordance with 10 V.S.A. Section 220. Part IX Effective Date and Term The final permit shall become effective upon signing and shall expire five (5) years from the date of signing. • y. w _ 1 aiT*410111 PLANNING & ZONING AGENDA South Burlington Development Review Board Tuesday, October 20th, 2009 8:00pm Regular Meeting City Hall Conference Room, 575 Dorset Street, South Burlington, VT ***Flea ;e ct,vto that the rr-aetir .vile * ,K .00pm*** 1. Other business/announcements Minutes of September 23 and October 6, 2009. J. Site plan application #SP-09-75 n4`Allen Road Lanu ;- amena a previously approved plan for a 31 unit and 32 unit multi-family dwelling,. Tne amencment consists of eliminating the requ!^ ment for a fence along the street, 152 Allen Road. 4. Conditional use application #C E-)9-09 oY 61eve anL7 gl en Horui .< a 1,065 sq. ft. detached accessory structure for use as an accessory resiaential unit 670 Nowland Farm Road. 5. Site plan application #SP-09-76 of Steve and Jennifer Heroux to construct a 1,065 sq. ft. detached accessory structure for use as an accessory residential unit, 670 Nowland Farm Road. e. Final plat application #SD-09-44 of Technology Park Partners to amend a previously approved 15 lot subdivision Theeamendment consists of adjusting the boundary lot lines of 113 Kimball Avenueland 1 o corf munity Drive. 7. Sketch plan applrcatron'of Algimantssgand Neringa Shalna to subdivide a 39,475 sq. ft. parcel into three (3)Jots of 13,983 sq. ft. (lot 2A), 12,746 sq. ft. (lot 2B), and 12,746 sq. ft.--(lot 2C), 45'Highland Terrace. 8. Continued site plan appl(catio`n#r`SP-09 63 of Burlington International Airport to construct two (2) additional parking levels to an existing three (3) level parking garage to accommodate 1370 vehicles, 1200 Airport Drive. Respe Ily Subrnik ay and . Belair Administrative Officer 10/19/09 City of South Burlington General Ledger Page 1 of 2 18:34 am Detail Transactions Report dgravelin Period 1 Jul to Period 3 Sep Last Year Account: 222-00-0001-00.00 Unused Budget Budget Encumbrance YTD Posting Description: Cash 0.00 0.00 0.00 336,874.28 Budget Encumbrance Actual Date From Description Reference Debit Credit Debit Credit Debit Credit 07/01/09 GLO1 Beginning Balance 265961.30 07/23/D9 CR01 CshChkWnd CR Amt Batch 126 2815.78 08/04/09 CR01 CshChkWnd CR Amt Batch 141 2815.78 09/01/09 CR01 CshChkWnd CR Amt Batch 201 4630.14 09/11/09 CRO1 CshChkWnd CR Amt Batch 211 2815.78 09/13/09 CR01 CshChkWnd CR Amt Batch 212 2815.76 09/15/09 CRO1 CshChkWnd CR Amt Batch 215 2815.78 09/25/09 CR01 CshChcWnd CR Amt Batch 224 49388.16 09/30/09 CRO1 CshChkWnd CR Amt Batch 227 2815.78 Transaction Totals 0.00 0.00 0.00 0.00 336874.28 0.00 Account Totals 0.0D 0.00 336874.28._ Last Year Account: 222-D1-180D-00.00 Unused Budget Budget Encumbrance YTD Posting Description: Restricted Fund Balance 0.00 0.00 0.00 -265,961.30 Budget Encumbrance Actual Date From Description Reference Debit Credit Debit Credit Debit Credit 07/01/09 GLO1 Beginning Balance 265961.30 Transaction Totals 0.00 0.00 0.00 0.00 0.00 265961.30 Account Totals 0.00 0.00 265961.30 Last Year Uncollected Account: 222-06-2222-00.00 Unused Budget Budget Encumbrance YTD Posting Balance Description: Impact Fees D.00 0.00 0.00 -70,912.98 70,912.98 Budget Encumbrance Actual Date From Description Reference Debit Credit Debit Credit Debit Credit 07/23/09 CRO1 CshChkWnd CR Amt Batch 126 2815.78 08/04/09 CR01 CshChkWnd CR Amt Batch 141 2815.78 09/01/09 CR01 CshChkWnd CR Amt Batch 201 4630.14 D9/11/09 CRD1 CshChkWnd CR Amt Batch 211 2815.78 09/13/09 CR01 CshChkWnd CR Amt Batch 212 2815.78 09/15/09 CR01 CshChkWnd CR Amt Batch 215 2815.78 09/25/09 CR01 CshChkWnd CR Amt Batch 224 49388.16 City of South Burlington New Town Center Application Draft 2009 Table of Contents 1. Cover letter and summary of application materials 2. Minutes of the 2009 South Burlington City Council 3 Notification to Chittenden County Regional Planning Commission (draft) 4. Notification to Greater Burlington Industrial Corporation(draft) 5. Letter of confirmation from Chittenden County Regional Planning Commission 6. City of South Burlington Official Map 7. Community Investment Agreement including the following: (draft; not sig►ied) a. Map of the New Town Center b. Wastewater compliance form, as sent to the Agency of Natural Resources c. Wastewater compliance review from the Agency of Natural Resources d. Water Supply compliance form, as sent to the Agency of Natural Resources e. Water supply compliance review from the Agency of Natural Resources • • 1 1 04 110°4.4 16.40 south . , ion PLANNING & ZONING October **, 2009 Joss Besse Vermont Downtown Program Department of Housing and Community Affairs National Life Office Building, Drawer 20 Montpelier, VT 05620-0501 Dear Joss, We are pleased to submit the enclosed application for a New Town Center designation within the City of South Burlington. The application includes each of the elements required under 24 VSA §2793b. South Burlington's New Town Center is proposed to be located in the growing heart of the community. It would be generally bound by Williston Road, Dorset Street, Hinesburg Road and Dumont Par build out. Its core will be City Center, a new, compact, mixed use development in the area of Market Street. In 2007, the City had an estimated population of 17,445, qualifying it for the proposed 175-acre size of the New Town Center, pursuant to the provisions of 24 VSA §2793b(b)(2)(A). It is the City's intent to make use of this designation in order to be eligible for creating a Tax Increment Finance (TIF) district in the same vicinity. Designation will also establish eligibility and/or priority consideration for State programs serving the area. Below is a short synopsis of how South Burlington meets each of the required criteria under the New Town Center legislation: 1. Approval and notice requirements: South Burlington's City Council approved a resolution to apply for New Town Center designation at its *** meeting. In addition, letters of notification were sent on *** to the Chittenden County Regional Planning Commission (CCPRC) and Greater Burlington Industrial Corporation. Copies of the resolution and letters are enclosed in Part I of the application. Enclosures: copies of letters to CCPRC&GBIC 2. Planning Process: The Chittenden County Regional Planning Commission provided South Burlington with a letter confirming that the City has an approved comprehensive plan and has actively engaged in an ongoing planning process. Enclosure: CCPRC letter, dated 9/8/2008 575 Dorset Street South Burlington, V-r 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com 3. Community Investment Agreement: The City of South Burlington and South Burlington Realty, Inc., have signed an agreement that reinforces the commitment of both parties to support development within the New Town Center. South Burlington Realty, Inc., is the single largest private-sector landowner in the New Town Center, which notably includes the majority of the to-be- developed City Center. City Center, moreover, is expected to be a focus and catalyst for development within the New Town Center. Enclosure: Community Investment Agreement 4. New Town Center Map: As described in the introduction, the proposed New Town Center encompasses 175 acres of land. It includes much of the commercial heart of the City, as well as the City Center land. It has been drawn with an eye to a future TIF district delineation, maximizing the amount of land that is likely to be developed/redeveloped in the core of the City. Enclosure: Proposed New Town Center Map 5. Official Map: South Burlington has an Official Map, adopted pursuant to 24 VSA §4421. The Map was most recently adopted on February 14, 2004. Included in this map are three proposed projects within the New Town Center: improved intersections at Dorset St/Williston Road and Hinesburg Rd/Williston Rd, and the construction of an interconnected street network serving City Center. Enclosure: City Official Map 6. Design Review District: The City's Land Development Regulations include three (3) design review districts within the proposed New Town Center boundary, encompassing the majority of its land area. The design review districts cover City's Central District zoning districts. In addition, all multi-family and family and non-residential development in the City is subject to a stringent site plan (or planned unit development) review, which looks at circulation, fencing, screening, landscaping, safety, and other important design elements. The design review regulations themselves are found in Article XI of the South Burlington Land Development Regulations. Enclosure: CD containing South Burlington Land Development Regulations 7. Housing Density: The proposed New Town Center encompass the City's four Central zoning districts (CD 1-4), as well as a portion of the Commercial-1 district. The residential densities permitted in these districts are substantially greater than those permitted in the areas that surround the proposed New Town Center to the north, east, and south. The prominent feature to the west of the proposed New Town Center is 1-89. A summary table of residential densities in the applicable districts is below. Densities for all districts in the City can be found in Appendix C of the South Burlington Land Development Regulations. Enclosure: CD containing South Burlington Land Development Regulations 2 Residential Densities by Zoning District Zoning District Location Maximum Residential Density Central District 1 Within New Town Center(NTC) 40 Units per Acre Central District 2 Within NTC 20 Units per Acre Central District 3 Within NTC 25 Units per Acre Central District 4 Within NTC 25 Units per Acre Commercial 1 Within NTC and to the west* 15 Units per Acre Residential 4 i South, east,and North of NTC 4 Units per Acre *The Commercial 1 district includes the University Mall and Holiday Inn,which are not included in the proposed New Town Center 8. Multi-Story and Mixed Use Buildings: Each of the five zoning districts included in the New Town Center promote multi-story and mixed use buildings. Notably, the Land Development Regulations list the purpose of the four Central Districts as: 8.01 General Purpose of the Central District The Central District is hereby formed in order to encourage the location of a balanced and coordinated mixture of residential, commercial, public and private uses adjacent to Dorset Street that support the city center goals and objectives contained in the Comprehensive Plan. It is designed to promote efficient use of land by concentrating mixed uses within a well-defined Central District.This will provide a pedestrian-oriented circulation network that minimizes vehicular traffic. It also encourages the traditional town center pattern of appropriately scaled buildings facing onto a well-defined and active public street. Innovative site planning and master planning are encouraged to maximize uses,shared parking, public open space and pedestrian amenities which create an aesthetically pleasing and socially active community center on and around Dorset Street." Specifically, the Land Development Regulations permit multiple uses within a principal building in all zoning districts (Sections 3.09). Principal building heights within the five (5) applicable district range from 35' to up to 115', based upon certain bonus criteria (Sections 3.11 and 8.05). Enclosure: CD containing South Burlington Land Development Regulations 9. Mixed Income Housing Plan: The City of South Burlington promotes mixed income housing through its Comprehensive Plan policies and through Land Development Regulation incentives. Among the objectives of the Plan (See Chapter VI for full list of objectives): • Help foster the creation of housing opportunities for people of all ages,income levels and degrees of mobility; 3 • Locate higher density,affordable and elderly housing near schools, parks,shopping areas, employment centers, and transportation links so as to provide convenient access and minimize energy consumptions; • Develop a City Center that promotes mixed use development include a variety of housing units and high densities • Establish a mix of zoning densities and provide other incentives to encourage a variety of housing types. In addition, the City's Land Development Regulations provide incentives for density increases of between 25% and 50% for projects that include certain amounts of affordable housing (Section 13.14). Enclosure: CD containing South Burlington Land Development Regulations 10. Capital Budget and Program The City of South Burlington's Capital Budget and Program presents and prioritizes key capital projects by responsible department. The Budget and Program was last adopted in June 2006. Multiple projects are proposed for the proposed New Town Center, as listed below. Enclosure: CD containing South Burlington Capital Budget and Program. • Public Works: Complete Market Street to Hinesburg Road and the associated City Center street network. This project,which includes installation of streetscape, landscaping, and stormwater treatment improvements, is estimated to cost$13,125,000 and is scheduled for 2007. Initial funding is provided by a$6,000,000 Federal appropriation, and authorization to use Tax Increment Financing has been sought. The City share will be roughly$2.7 million. Water system improvement work includes the replacement of three fire hydrants on Market Street at an estimated cost of$3,000 each. • Recreation Department: The integration of the existing pedestrian and bicycle facilities is essential in the earliest planning process of the City Center. The Committee has every expectation that this will happen and that this integration of new and existing facilities will be a key portion of the design. It is assumed that all costs for this effort will be a part of the City Center development. • General Government: Capital Facility Needs for General Government Services - Construction of City Hall/Library in City Center • City Center: Construction of the vital City Center roadway network received a major boost on July 30, 2005 when it was announced that the City would receive $5 million in Federal transportation funds towards the cost of constructing this roadway network. It is anticipated that some additional mechanism, such as a Tax Increment Finance (TIF) district, will need to be established to provide for the costs of a new Central School as well as structured public parking in the City Center area, as outlined in the "City Center Parking Strategy'report prepared in 1992. The most important capital expenditure for City Center is development of the roadway network,which will service development throughout the district and provide the template for the City's downtown. The cost estimates for construction of the roadways are outlined in Table 9. 4 Construction of off-street parking is obviously linked to the rate at which construction in the City Center area occurs. The City is currently considering the long term possibility of constructing a municipal building in the City Center area, possibly in conjunction with a post office and a new community library. The alternative is for the City to lease space in a standard office building,which is an option in the short term: In order to encourage the type of compact, urban development envisioned for this area, it is recognized that structured parking will be required. Recent costs for constructing structured parking at the Burlington International Airport averaged$20,000 per space, exclusive of land and site work. It is anticipated that the costs of this construction will be covered constructed through cooperative financing with developers and other public funding sources. In the long term, anticipated build-out of this area will require an additional 900 parking spaces. TABLE 9. CITY CENTER ROADWAY AND INFRASTRUCTURE CONSTRUCTION COST ESTIMATES +Misc Items Typical Construction & Engineering TOTALS BUILD Roadway Links Section Subtotal Contingencies PE+CE BUILD YEAR From To Length Type (25%) (12%+10%1 YEAR $ A B 650 VI $430,850 107,713 118,484 657,046 2007 $724,393 B E 1400 I $891,800 222,950 245,245 1,359,995 2007 $1,499,394 E X 900 IV $717,700 179,425 197,368 1,094,493 2007 $1,206,678 G I 1700 III $1,162,100 290,525 319,578 1,772,203 2008 $2,051,546 I J 450 IV $548,850 137,213 150,934 836,996 2008 $968,928 N T 2600 II $1,986,800 496,700 546,370 3,029,870 2008 $3,507,453 H Q 1150 III $704,950 176,238 193,861 1,075,049 2009 $1,306,728 C P 900 III $551,700 137,925 151,718 841,343 2009 $1,022,657 W R 600 III $367,800 91,950 101,145 560,895 2010 $715,860 M J 350 IV $193,550 48,388 53,226 295,164 2008 $341,689 L J 1800 VII $435,600 108,900 119,790 664,290 2006 $697,505 J K 700 IV $387,100 96,775 106,453 590,328 2006 $619,844 TOTALS 13200 $8,378,800 $2,094,700 $2,304,170 $12,777,670 $14,662,676 Typical Section Types New Construction I Market St- Boulevard w/Landscaped Median,sidewalks,no parking. $ 457.00 II 48'wide connector w/on-street parking,bike lanes&sidewalks $ 488.00 III 40'wide connector w/on-street parking&sidewalks $ 433.00 IV 30'wide local road w/11' lanes and 5' bike shoulders,no parking $ 373.00 V Rehab/Widen Existing Roadways VI Widen and overlay/reclaim existing Market St to form boulevard $ 329.00 VII Widen and overlay/reclaim existing San Remo Drive, Intl new walks,etc. $ 180.00 Roadway costs include landscaping,lighting,sidewalks,and contingencies. Build year estimate assumes 5%annual increase in total cost. 5 11.Wastewater Compliance, Capacity and Allocation The proposed New Town Center is served by the Airport Parkway Wastewater Treatment Facility, operated by the City of South Burlington. The facility is in compliance with Agency of Natural Resources regulations. Through its Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems, the City Council has reserved 50,000 gallons per day for City Center development (See Article III). In addition, South Burlington and Colchester have approved funding for a 1,000,000 gallon-per-day upgrade to the facility, which will provide ample capacity for future development and redevelopment within the New Town Center. Enclosures: City request to ANR for a compliance review; response letter from ANR; CD containing City of South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems 12.Water Supply Compliance, Capacity and Allocation The proposed New Town Center is served by the City of South Burlington's Water Supply Facility. The facility is in compliance with Agency of Natural Resources regulations. Through its Regulations for Water Use (Article III, Section 14) the City Council has reserved 50,000 gallons per day for City Center development. There is, moreover, sufficient excess supply within the system to provide for the additional development and redevelopment needs within the proposed New Town Center. Enclosure: City request to ANR for a compliance review; response letter from ANR; CD containing City of South Burlington Regulations for Water Use 6 • October , 2009 Mr. Charlie Baker Executive Director Chittenden County Regional Planning Commission 30 Kimball Avenue, Suite 206, South Burlington, VT 05403 Re: New Town Center Application for South Burlington City Center Dear Mr. Baker, Pursuant to the Application Guidelines for New Town Center Designation, dated August 2008 and developed from 24 VSA Chapter 76A, the City of South Burlington formally announces its intent to file for New Town Center designation with the Vermont Agency of Commerce and Community Development. The area in question is centered on Market Street and will include lands adjacent to Williston Road, Dorset Street, and Hinesburg Road. Please see the attached map for details. If you have any questions,please feel free to contact me. Sincerely, Paul Conner, AICP Director of Planning&Zoning Cc: Chuck Halter, City Manager Mark Boucher, City Council Chair Randy Kay, Planning Commission Chair October **, 2009 Mr. Frank Cioffi, President Greater Burlington Industrial Corporation 60 Main Street P.O. Box 786 Burlington, VT 05402 Re: New Town Center Application for South Burlington City Center Dear Mr. Cioffi, Pursuant to the Application Guidelines for New Town Center Designation, dated August 2008 and developed from 24 VSA Chapter 76A, the City of South Burlington formally announces its intent to file for New Town Center designation with the Vermont Agency of Commerce and Community Development. The area in question is centered on Market Street and will include lands adjacent to Williston Road, Dorset Street, and Hinesburg Road. Please see the attached map for details. If you have any questions,please feel free to contact me. Sincerely, Paul Conner,AICP Director of Planning &Zoning Cc: Chuck Halter, City Manager Mark Boucher, City Council Chair Randy Kay, Planning Commission Chair COMMUNITY REINVESTMENT AGREEMENT City of South Burlington New Town Center Development Program DRAFT 2009 This Agreement executed and entered into on the last date of execution set forth below, by and between the City of South Burlington, a Vermont municipal corporation, acting by and through its duly elected legislative body, the South Burlington City Council, and South Burlington Realty Company, LLC, with its principal place of business in the Town of Williston, State of Vermont, the largest landowner and principal developer of the property located within the proposed New Town Center. The undersigned, by executing this Agreement, hereby affirm their commitment and willingness to participate, to date as well as in the future, in activities and programs that will support and enhance the economic and social health and viability of the area proposed for"town center" designation. The undersigned further acknowledge and affirm that the documents listed below, attached hereto and incorporated herein by reference, where required, have been duly adopted under the applicable provisions of state and local law, or where not adopted are part of an ongoing implementation plan intended to comply with the statutory criteria required for new town center designation under 24 V.S.A. Chapter 76A, specifically section 2793(b)(2): A. A map of the proposed New Town Center; B. A copy of the City's 2006 Comprehensive Plan, including sections addressing land use for core area of the city and affordable/mixed income housing. C. A copy of the City's duly adopted Land Development Regulations, demonstrating that: a. The proposed New Town Center allows densities greater than those allowed outside the New Town Center; b. Multi-story and mixed use buildings and mixed uses are permitted within the New Town Center; c. Mixed income housing is permitted and encouraged within the in the New Town Center D. A copy of the City's duly adopted Capital Improvement Program and Budget, including planned investments for roads, public facilities and civic amenities in the New Town Center. E. A copy of the City's Official Map; F. A copy of the City's ordinances reserving capacity from its wastewater and water supply systems for the buildout of the New Town Center: The undersigned hereby agree to commit to participate in planning for and developing the New Town Center as the community's central district. The New Town Center shall be composed of compact, pedestrian-friendly, multi-story, and mixed use development characteristic of a traditional downtown supported by planned or existing urban infrastructure, including curbed streets with sidewalks and on street parking, storm water treatment, sanitary sewers, and water supply. NOW THEREFORE, BE IT RESOLVED THAT the undersigned support the designation of the New Town Center and affirm and agree to the above listed commitments as part of this Community Reinvestment Agreement. Executed at South Burlington, Vermont this day of , 2009. City of South Burlington Chuck Hafter, City Manager Executed at , Vermont this day of , 2009 South Burlington Realty Company, LLC By Duly Authorized City of South Burlington , -- Official Map Effective February 14, 2004 ••;•,/ • Legend ,-4;-", f,.,-' •,-4-' 2.'i'• -, r", ...,•,, ,!v.•.•;• — -, ; te commuter Rail Station / -'‘\•••-•-,:44-\' r-4,•,.. , fr --,-iii,i-' c c, , • -A- r.. ,,New/Changed Road Network r. ..... ..?)4 2.003 Proposed Road /' I f. ') Recreation Path .4)/NY ' i.`.1 s -' '' ' ".,,,Dicat Fasem '' eded ent ='", -..'"/ ' '\ ,l.',.1,,, .x.1,,,•-''`\‘, '"' i -,,, A.,.. , ',";:-• :",,, '''''',..,Existing Recreation Path ''' --\-,FAistiro;Trail . :a.„. . \ '....Proposed Path or Trail r, AIP ''1 ..",,i3!.1%- ,10 l ' C,onimOn DP.I' Land ,,., 4 / ''• ,L'41' .--.< 't<:`,,S•''''',, ,'''''' s •-••.xa gRaItql'i•••:,',V,-,t • O1- 1',Tqc.'t Golf Course V- --,-.4. ,-,,,•,..-, . ..2,.,-,.. .t. Institutional&Agrictilmral Lands i''...t1 ' ','I% k'‘,..61,,..ft ...,-!0„ .,.. ::./•;. 1., .,.4_,:'.,,,,4 , - T.)Proposed Park&Open Spate t.i..$- '.- 4. Ask Existing Park and Open Space ..;,..4 ( . ,,,„- g,. ,..., ' .--;''', ..: Road Centerline t t(ii_eiti gaaroad ,trAiri ii -,i,i- 4- /1 C..)Tax Fame)&iunclary-2003 '‘ Logt'•3 4" -'i i, - ,/-, z -,•I'', / -tr., '1'1; Ir.,''-•-'-, ';', _ ,',•''>/'‹-4' ;;C:•:‘ 1 P\.(^5-/ ‘.., \'ir s`;"^:-ri;''',.. •-,•_c,*'`' ....,.."."--",- /- .--,,,‘,.''1., if,,, / J'1 cic,_,.,--- -,, Ai.^-:f I t. 4 . .-.. ,- 0 „ — .. , , „ ,,„„. f„....,_...„ -:. ,,,......., ..-,-,,i, ,..., ', -, - ..„,-;.,,-- .,,-L...--=-4-1--54'1",'..7''. .'..-,:?-' ..z-r.q --,.. — • ._ ........--4,......._4-, .--.-,-; ,, ,,,o,'• 1:.-- t. N__ G.-r--------t-:37- ,---, . • -''' 4.,,,-** --c,,,;r-------- I r.""—"--- ,4 '-'--;-1 '- .1 1,- •':,.. - ; -- • ' I f/7' It 11 1= ;t0OP 1 t%i: _: .' %. -1711--'1'44'org-1.-4.42'; , -, it t 1'' '-v!.- ;i 4- ii ivie.":44: ''''..--- 4134' "( r ---::-,-:':.,..-.,,,, ,tl- ''..- 17-.--.,..,..I i';';'1.1";,• t` ,947.,'°Z.°,=:4,14.x 1;14*, —',"-I--.`\I I..-TIL:7.--i 43 I,'' ,,----7,":••1 i ' ..,,., , : „-;i 7 t,--tr,',,/ 110,,,k*,g,,,..'0,,a,—;:,,..,,,,y,,,,,, ,„„.. _&_---1_,•_,,„..—.( ,. V--i,,,,,o«r.t :* ' ---1--,- , ,,, _ - .„7. ‘,,,,,• -,.,841-,1%,S i -1‘, ' 1,i,s,caxi ,!..._...,, ___.-„i .,.., Ao,,,,, to--,.. ...1 inch muds 1,250 feet k''' 1:---;- !-— '' 4`... ' ' ' '''' - 0. ;-.1-- - -'I,\ '1 "C:''''t;.c:.''' ",14:-- k , . ,„4.4,-,44n--„f'' / ::- : P. ....-.14.7 o 0,25 0.5 I 1 •-, ;I-_, ,_,V711.- i' `,..lifigt.' 2:15 4,:1.4 . j • (--,„ ri ,'''1." 1/4:-_1/1/111/1/r2.- Miles ,,.cr.... 'rpg "t-,. .-... 7,-1.r'Z.4- ....„,..lf -71,...-..!..:-A ,i, 4?-..., 4,-.1'-f--. --#. ; ' -_ ......_.- ..; - -4-- II ‘ -' 1'A2• I ,.14,,„,, ,. ..... 4. . 1;..." - .,1 are Morn,ncorporaw l alo........A. .1,- 'I el.urde..,..N.,.*a 3.4noceori mr......rne.end mconsburdoei '..; '...'4, --., 7-"-`-- ,---- _, - - i. X , 1 n .-- a 114.4e 44.34 rt relefa to 3,e Arooroon al a,...cred c/Nany,41 .4 14 , 1....1.7, 3 3 ISR.,,r40 XI,e1.te/1.1a4...A,8 V....'..,,,,,,,,..e. :' I er CI,Gym,disvcrocn.‘ i ,136.,....,,,o444 So pec,..or.al a roprot..1 nnearrlo./E... .4. ' ' p6.. ' " IS ''',S'er'''''d''M" '' '''''' 7 8,6*iaP .. rteon.o..rse.y .. ''',,1 — r"''' ,',,,,°, .. Oe.Oty. ..3.nFr.lie Cm47041..U.. 1 , . i ...re•po...Y F. .......P...... - '- „ 0 .ivr..A..e... 'a R.cr.c.,VP Mae.to<1....6...•ri an 4,A4.05,.........v,r,.. I 14ax..c.c.*mien.4....e...1 of Ea,28 at........sp Rood bS47.., ,.......M,..S.....,..),,,.......4. OM•WM.N I al 0.4..11.1004 IVS......$..Tees 40,11 ..A.r. M.........t'''*r'''''''''''" 7''''7'': ,,,,;,,,,,, :41 A 0.,,,...l o,,,,,e,..n o rp40ray,..4 cam....a, :,`TLeuIcoodreuctYa Sows SO.Me Sm.St.. „sr .,,., South Burlington Draft New Town Center 2/10/09 A. l l , r tl °, # Aye W"'�' -.. ',:. '-`-, '',• . 1,14't - -' ,.•''' , i '' ' t.,`t•eilitill - IP'4 rl T, i ` t post ®`0 ". lrf .- ' ; , , /.1.A. ..?„......i.... Alk +41ill ' *-,1RIV, )11k,. ‘,... g 1 ,r�fl'i a , f. r "i.t4 7 't ',,„1, • a L. - f ,�v 'd..- ki„ , . ..__ .. ,—- t _,.. -...—rip. „,‘, I J t sa it' :1,1,it , ta.Iti -7\'.'\,,'---e l'-lI.',t w,..'",i-.t.t'iR_t,f„,i, „11,.4t0,_:,,..:.,..,,:i1i9w,0-A*"me,.as1t,41.,,—,'1 i / "`ia "r• ytl jdc p -< '-:mot 4g . .. ' •. - L , ` , `�.. .. ,. _ .._ ~ { , fit' i ;� i , i •, � ' a ., F ( ill . 'aa i L.. ' ` 4, , ,.,.,. - cgs : - -- - . - b,104 1. III • 1 ! l Pro osed New Town • x , r� �,i � 4y� P `Center , —- , ,�,, 3 \ (1►75 Acres) �` & '4r ram-, 1t t ,v. �- A— may' 4 1 N '0DPI tom " fS" �"nivi- .f. , t ice! \' d r ��. t� _ 1 i `� t � • t1it��lpr�� i rA � K it 0 4i M *V44.4.11fa't1r 1 m arAi T >��'� ji-R '.►� ++,laIM eec Mfi t yRs ' 1.:_i �,r t. Imo ` LC, S 1QJ'A i !� T. .}t'. � 1. , T i� c' ► i�i fl'r � { {it2,Ut 66 �,/7 y• avo�*toy 1 1, I�� a ,,, + 'a , t 4 _- if ` ` t,2 r.. ifti r v.l c +'M lil 1' # — V 'i �,, I r- 0 0.050.1 0.2 0.3 0.4 ,e, -� -� sicP" Miles _,, _,......,_ t. , _ "'' ‘ r V Jr,c coPy southi,,',urlington PLANNING & ZONING February 10, 2009 Ginny Little, Section Chief, Administration & Compliance Wastewater Management Division, ANR, Department of Environmental Conservation 103 South Main Street - The Sewing Building, Waterbury VT 05671-0405 Dear Ms. Little, The City is South Burlington is working towards having its "City Center" area designated as a New Town Center under 24 V.S.A. §2793b. Among the required elements for submitting the application is the review of a compliance checklist from the Wastewater Management Division. Specifically, the application states that: "For Wastewater systems, the appropriate form in Appendix A must be filled out and sent to the ANR Wastewater Division before the designation application is filed, allowing time for them to respond on the status of compliance. The Wastewater Division response must be included in the designation application." A completed Appendix "A" is enclosed, along with a map of the proposed New Town Center. Please review the enclosed information at your earliest convenience. If our system is in compliance, we would appreciate a letter certifying this for inclusion in our application. If you have any questions, please feel free to contact me. Sincerely, Paul Conner, AICP Director of Planning & Zoning 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com APPENDIX A-1 CHECKLIST FOR MUNICIPAL WASTEWATER COMPLIANCE FOR DESIGNATION NEv3 7O00 GE01reR Discharge Permit Number :3 1 ,2 (P Issued : OY/°/! e Expires : 07/3/f/3 Sludge & Septage Facility Certification Number: Issued : Expires : Capacity What is the design capacity of your wastewater treatment facility? /3eai 0 Q 0 gpd What was the annual average discharge flow from your facility for the previous 12 months of record? h 6 0 6/0 0 0 gpd What is the total of unconnected commitments/allocations to your facility? Z ?CVO gpd What is the uncommitted reserve hydraulic capacity of your facility? gpd Implementation Schedules Are you required by an order issued under section 1272 of Chapter 47 to implement facility modifications to reduce pollutants in your discharge? Yes �o If you-are not in compliance with the schedule dates in that order,please explain the cause and length of the delay. Are you required by an order issued under section 1272 of Chapter 47 to eliminate combined sewer overflows? Yes 1 To If you are not in compliance with the schedule dates in that order,please explain the cause and length of the delay. Effluent Quality Were limits for any of the following parameters exceeded during the past 12 months? If violations occurred,please discuss the cause and duration, remedial steps taken during the event and corrective action taken to prevent recurrence. Biochemical Oxygen Demand (BOD) : 1V p Total Suspended Solids (TSS) : N O Phosphorus : A/O Ultimate Oxygen Demand (UOD) : NO Settleable Solids : 1V o E. coli bacteria: NO Total Residual Chlorine: ivd C rc`I OF SOu-rN SoR...lo(,-r©N -Municipality orized Representaty 4 A r Yv (-f4i-c-e Date yJ ��% � Title / This form, and a map of the proposed ---nt d strict should be sent to: N e0 4-0t 0 cewl-e r Wastewater Management Division, ANR,Department of Environmental Conservation 103 South Main Street-The Sewing Building, Waterbury VT 05671-0405 Phone: 241-3822 Airport Parkway (Flows from 09/07 to 08/08) Current design capacity= 2.3MGD Average flow past 12 months= 1.606 MGD Average Colchester flows past 12 months= 0.26 MGD or 94,582,584 gals South Burlington Draft New Town Center 2/10/09 Y{7(,,-- ?( s r Y�. ___ _'" ma, ,�llitt, ,•-,)N,.-'„'`-1.,',-,',.-,4':.,'',7-.'•',''.0,",',.-._--'':'-04,...,"'*‹>-:..4.,-;-'',.-•t,ii,A-".<:,-.•,`'' -(4,•.•A:c,..%-.-=.„i,._.'.-.,1'lii,'_"r, 1..-.i-"'..d‘„I..=-.M''..--,Eit-'-'a,_-,4'-,'R-‘.1/4,:.M-i..i4.d i s-i,:„./-.i,I ...,''-r_'z{.-,,-.,4,t-,------.„.-,,j'-4,,-,•:----g.::•;tc y-tI,i t-'„c,&e.4,-f 1-.t."'..1:,P1--,.-0.-'--,,:-'5a-.,'•u,=t.t,:t.•'•_1 tgn'.„,'--_.:.,,,,-.3_-••--4..-,-1:. ,I ;em a# .t,..:a--!?:..`-.,-v,,‘,F':,"•:,,-i.i::,1b,•`.,;."„,,4,i,,,'.-,,,K0.',7.l:.'%c-,,,.'-.,a.,;'"'3•.4z.'-.,1:`-l_.4--',-.,,.---R Vi-'-4P',''.,,t7'„'*,'-.,f-.,,',"-.,,-.,:•i"-=•.,'-....:`:,1-4.---,..70i7,_7---,-.77.,,,..-z,,-.,4:-.,..'t-,-,,,2_,:-*,.7•-,,e,4,,*7„-:'.i•'.'3b.'.•',-_'-,:-'.,-.;.'-,-..4-•',I.'•''-_7.!-,°,:e 4,.'".p-_-.1.--;'0-.y,,,p„"A_---..---..-.:„,t.,„,4-..i,.,,,1-3-t-,`'.*‘,„-,--„',-,,,,;-*•--'.-.'-1.-.l-i.,1-1-.,-.r•-,--.:,,,„-:.,•-.,-,--!;i-',-„,k"'.---'-_-:,--s=.-'-t*•=,4'=.,fr.,.''.'_:',,.,,,.''.%-t,,,..'.•,-.-,.,,.•,I,-;—:-,:'.:,--"'.',.'.,I=_:-.----,...-z-.'.'..i.-.-.,,-L.4k,-T'4'-,A--.,:1.-•_ 4,.e-••-p%7-i-,t7-!i-ft tk or 1*1l 1 4 - _ram r # S f .t S - 1. 'ir0a ii*i.,3.'iiy- * Y,, -.t-'--cT,,,41,;._,z-,"-..F,r:`_,-.'3it_-,',T4.P,%-4,f_-.,- -r 7",•••,L.•.y,.',.•-g'c.',f t-:'-.:,,.,."..-,:',,f-4-,-,.f-.if4 -:,.••::..-:-,::-.4c.'*.,'_!.4-'---„.:..!„',,."4..-•-...-`Y„,`--,,-4 4,,-`„---'--.f"-,-"-.0p.,Y-,-*--,.•-.•.43-.,;- o,h-.k.--,'t4•*._Id,..L,,.L.'i,x-*:..L,-,,,,.7',=.=-114.4'i,*-4..-_I,..-,:e_a,:,a 4_.'3.'',.,4',,,r'. -,;1 g‘,1,cl i t1--k s,,1l70i 4,.,t-,1,,f,41-,i 4v,.##1.t"'0i='.'..4d.a i,,it,.,:I„.,1s:i,p,4i•,'1.4„,*;-,7e31'B f- " r --`,4 - \ !` '�' :t..- c S isk 'R"ai 9 '..!. '*4 0 ,r f 1 emu:: F.' ak r r 'z '' t .. RE'$ 1'.tif" f`'`, o "^;.. i t!-r't' l k' 'z „": ""` 1, '--a` -x ` t P 4 ^-. 3p Y e`er•-r '' ..+i.' l _:}, r:�A'� • ,ice . i . z :- ;r �. 7 = Proposed`New Town Center ,°. ' i_ii r l MK ,.,. \ S 1'' - 51 tr • i. 1 ,41 .r. tlEt ti �jj e 1 • t ::iYiirt� kl ,I-lc:. ry,s 1 I. • ' L # ,jam �� -�� tv • it - �. ~� , � �» - 1: Y=1 IS �Llam 4iA i � , ` � . , 9 �; t- ( tJ C x ., 3 �'/ t+ ".` y 3�S* ,%lis or �.--^ . !Nink-i�" �t X sit £4 .� ,. _ _ _ t -•- t .`� • • i i''i "'q ; 1:'3 �.,eR,E•+} �,.,. - - , , ,„. evoi,%, -,,_ ., j t i .L,f £ :'..11 ,�„y, •• t j._ '-T.. _ `- Nam,. y y } fi( �y - 'L ,, i x-�.- "'�-- +M _._ter. �.� - 3° .. -_ ~ �* I N k " .0 �� t .. , _.,. . '" `, 0 0.050.1 0.2 0.3 0.4 kid �I. /. ' '.� x.- �_ -�: - 3 �� Miles fiLF co'Y. i rAto 66, 19111 south PLANNING & ZONING February 10, 2009 Tim Raymond, System Operations Manager ANR Water Supply Division 103 South Main Street, Old Pantry Building Waterbury, VT 05671-0403 Dear Mr. Raymond, The City is South Burlington is working towards having its core area designated as a New Town Center under 24 V.S.A. §2793b. Among the required elements for submitting the application is a compliance letter from the Water Supply Division. Specifically, the application states that: For drinking water systems, instructions for requesting a compliance review from the ANR Water Supply Division are contained in Appendix A. The request must be made before the designation application is filed, allowing time for them to respond on the status of compliance. The Water Supply Division response must be included in the designation application. A copy of these instructions are enclosed, along with a map of the proposed New Town Center. Please review this information at your earliest convenience. If our system is in compliance, we would appreciate a letter certifying this for inclusion in our application. If you have any questions, please feel free to contact me. Sincerely, Paul Conner,AICP Director of Planning& Zoning 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.845.4101 www.sburl.com DRINKING WATER COMPLIANCE REVIEW The ANR Water Supply Division, when asked to review the compliance status of a public water system seeking Downtown District Designation,will review the following compliance items in developing a recommendation regarding compliance status. Systems are not required to submit information regarding these items unless there is information that has not been made available to the Water Supply Division that should be, or is required by law to be,part of the Division's records. OPERATIONAL COMPLIANCE Operating Permit: The issue date and expiration date for an operating permit. Conformance with the deadlines in the Milestones (if any)in the permit. Any overdue milestones should be addressed with 1)the reason for the non-compliance with the due date, and 2) any steps being taken by the municipality to return to compliance with the deadlines. Compliance with lawfully imposed operating permit fees are an important aspect of compliance. We will review the water system's account with us as part of our determination. Bacteriological Compliance: In determining compliance with the bacteriological water quality requirements, we will look at whether there is an approved Bacteriological Sampling Plan on file. We will look at both Total and Fecal Coliform exceedances during the past two years and whether there is an explanation and a correction of any deficiencies. We will also determine whether the system has standby disinfection capability when needed due to coliform violations. Source Protection and Compliance: Source water protection has taken on an enhanced - importance with the passage by Congress of the Safe Drinking Water Act amendments of 1996. An approved Source Protection Plan, on file, with regular updates, is a key compliance item. Reporting Requirements: State rules require all public water systems to submit the results of all water quality analyses. A system that has analysis results that have not been submitted is in violation, even though detection of the violation would be difficult. Also, we will review whether all required monthly reports have been submitted. Public Notification: Over the past two years, the public has made it clear that they want to be informed about the quality of their drinking water so that they can make informed decisions about their use of that water. We examine whether all required notices have been issued. We will determine whether public education as required under the Lead & Copper Rule is current. The newest requirement, Consumer Confidence Reports,will be the subject of this checklist after October 19, 1999. South Burlington Draft New Town Center 2/10/09 a�• , l 4, i f J a - -`!' 11 ' a ' -4 1_ AM'_ :4,/"x,1, -,,, ,-, „. ,..,..,, ,„, ,.. 4 t410 _ 1 i 7 .? . .„ _,, _ . ,a,...„,_.., , ,,,t t , ..,„ '4��f` 4 yr. `. ' 1 s , a so ,`''i- . �a . ass :: , , \itstr , , tois `-' 3i4n .. ''y`ri� :' 1'..4 _ ' y '• ,:YO F71_, .3 .5113 Tali_,-,-;�to h ' „-~ _ _ y ' ..: , k t 1 a, ray b f i, Y ii .: . .t'47;..". "-'' 'Z''.,• 'M''';'..4 t..k, -m'a-,.- -''-;.-t:t-'1- ' '*,'"'-, .<.-- , -'' ,'- t Ira 11..., , . - e fi. 3 • ti v }fir ( qt ,1 '�� try ,,' ,,, g , +t. y {° , . I -..- {�y�l�`jj {{ '", :t l ^"' '' 1�, 1_y. R^'^lam .i -.' N^t *4 d� :j' j j��,*y`''{f.,Nora I 4 J 'i '� "' ,. � 1 f (` j - f em'? .f ''�+'J ,, ^,F{�. .. \' ., ."�_-.sty',.' re r} a '� .., ',. ,�.. Ts."„ -. a+ ,, ,t , 1� .. _y'-- r ki` `. , , 1 '.,,E s;- o 4 rt ...,,, l.' {f, `44. ,, o e `- 101 v '"`Y d1 • _ .4 _' 8 ,,ems., '.., t -t - ,3,;.' .�.u: . f 1 - - ...``t -,..- li l �f. i ii, (/ • Proposed New.Town Center----- ., ;? � , , Alt a s _ 1 --iZrP.. ., :, t -iil�L![�l Acres► ----T Y} - k��i . ' .. .,Ar: V -�- / 1 , � . vim- _ , , , . B -.- r xt . � a , ma ' try ; �.. .� I f ..„ - ) c=2.4....c., iv-, _,., , r k , - .1' �. '-.,,,,, to .� �. �►*LINO �'��1�i �y '� � �' ,, (� _ Sys -iJ7 '. % 4411h w -„ i i 1 4.y;R i t;,-fib r { _. , t, 1 l Tom, _1 to, s �;, a al p •; , ,., ..,,,,„ ' :1 T �..': ' 1,_ ... 4 � �� c a isv s y,, l =A4.` t �yTy - 4 �9 i --F qt. g mg �ir _ t' 4,1ka°1- i r Y..__. t 4-4--- f - 1mo ,�•` -< - 1 ', _ .,wan.'. 4 eeis T=-T t " s Yet p _— t .' t M! t - i }-.tea-s�ar'""�fl i ~. I ,v. .., 3 � ' - t , -i to s • i - .. :I rwA • 1.. ,5' ,.ad .,y $ =T '� •3 ,1• - ?E '47, ... ~• > ,it ,i ` , • ....,...... . ,t t k �,,,ar..--„k t ` r-'f`', -vle, v J f� J At, E3�- - -F.. 1N a ` ,, 0 0.050.1 0.2 0.3 0.4 , .�.� Miles ®VERMON11 State of Vermont Agency of Natural Resources Department of Environmental Conservation Wastewater Management Division • 103 South Main Street-The Sewing Building Waterbury VT 05671-0405 Phone:802-241-3822 • Fax:802-241-2596 www.anr.state.vt:us/dec/dec.htm February 13,2009 • Paul Conner Director of Planning &Zoning 575 Dorset St So Burlington VT 05403 Subject: City of South Burlington -New Town Center Designation Dear Mr. Conner: I am writing in response to your request for a letter to support your request for New Town Center Designation. We received and reviewed the compliance review checklist dated February 10, 2009 and agree that the compliance information submitted by the City is accurate. The South Burlington Airport Parkway municipal wastewater treatment facility is subject to a valid and current Discharge Permit 3-1278. If you need further assistance, please call me 241-3833. ..Sin rely, • Virginia D. Little, Chief Administration&Compliance Section cc: Joss Besse,Director, Community Planning and Revitalization, Housing & Community Affairs Elizabeth Hunt, ANR Regulatory Management Town File Y:\W W_Admin&Compliance\Projects\TownCenter\SoBurlington2009.doc I Regional Offices-Barre/Essex Jct./Rutland/Springfield/St.Johnsbury ®V ERMOcT State of Vermont Agency of Natural Resources Department of Environmental Conservation Water Supply Division The Old Pantry Building 103 South Main Street TELEPHONE(802)241-3400 Waterbury,VT o5671-0403 FACSIMILE(802)241-3284 www.vermontd ri nkingwater.org February 19,2009 Mr. Paul Conner Director of Planning&Zoning City of South Burlington 575 Dorset St. South Burlington,Vermont 05403 RE: Review of the Compliance Status of the South Burlington City Water System,WSID#5091 Vermont Downtown Program Dear Mr. Conner: Please consider this as a formal response to your request regarding the status of compliance for the-Publ c Community Drinking Water System owned and operated by the City of South Burlington. The City of South Burlington Community Drinking Water Supply System is currently in substantial compliance with the Safe Drinking Water Act requirements as outlined•in the Vermont Water Supply Rule (WSR), Chapter 21. This drinking water system meets minimum design standards; drinking water quality requirements, system operation standards, and reporting requirements as administered by this Division. The South Burlington City Water System Permit to Operate expires on June 16th, 2009. It is my intention that this should satisfy your request for an update regarding the status of compliance with regard to the South Burlington City Water Supply System. If you have any questions, I can be contacted by calling 1-800-823- 6500. • Sincerely, 9 ) t4 Gary Schultz Director, Water Supply Division C: Joss Besse,Vermont Downtown Program Jean Nicolai,Chief, Operations and Compliance Section, WSD Ellen Parr Doering, Compliance and Certification Supervisor,WSD Tim Raymond, Operations Section Manager,WSD Thomas Brown,Systems Operations Specialist,WSD • Jay Nadeau, Authorized Representative, WSID#5091 WSID#5091 Rooinnn? flffl..oc _Ro.• c/Fcc.az. T..F /D..al„-..7/0-. :.__c tom ins r_i____i... I south PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning F C- SUBJECT: Consideration of New Town Center Designation The Planning Commission has voted to recommend that the City Council consider applying for a New Town Center designation for the City Center area. The draft application is enclosed. A brief background: The State of Vermont, over the past decade or so, has developed a series of five (5) different local "designations" that a community can apply to gain. In general, the intent of all five is the same: to focus state-level efforts and investments into historic or new villages & downtowns and therefore encouraging greater conservation of working landscapes. The five designations are: • Designated Village; Designated Downtown; New Town Center • Growth Center; Vermont Neighborhood Each of these programs are targeted towards particular types of communities. Designated Villages are intended to reinforce traditional hamlets such as Shelburne Village or Belmont. Designated Downtown are intended to support traditional downtowns such as Burlington, Rutland, or Brandon. The New Town Center program was envisioned to support communities that have identified a focused "future" center. These first three programs offer certain incentives, such as priority for state funding, tax credits for rehabilitation of historic buildings, and/or eligibility to apply for further designations and benefits. I've listed the final two programs, Growth Centers and Vermont Neighborhoods separately, because in order to be eligible for these designations, a community must first receive one of 1 the first three. These two programs offer a series of additional benefits such as greater priority for state funding, Act 250 exemptions, agricultural soil mitigation opportunities, etc. South Burlington's Proposed New Town Center The Planning Commission has recommended that the City apply for a New Town Center designation. The Center would include properties along Williston Road from Dorset Street to Hinesburg Road, the entire City Center area, and the properties along San Remo Drive. The area has been carefully created to maximize use of the limited (175 acre) area permitted under state law. Below are a series of questions and answers to help describe the what, why, how, and where of the proposed New Town Center in South Burlington. 1. What are the benefits of gaining designation as a New Town Center? The benefits of the New Town Center are not many, but they are important. A community must have a New Town Center, Designated Downtown, or Designated Village in place in order to become eligible for Growth Center or Vermont Neighborhood designated, or to create a Tax Increment Finance District. 2. What are the downsides of gaining designation as a New Town Center? The New Town Center designation program places no outside restrictions or requirements upon the local community. It has been set up as a program that offers benefits to a community that can demonstrate it has strong planning and zoning programs in place that support the establishment of the New Town Center. The only downside is that a community can only apply to have one. 3. Where can a New Town Center be located? A New Town Center must be located at the planned "central area" of the community. In our case, the very clear choice is the City Center neighborhood. 4. How large can a New Town Center be? The legislation allows for a New Town Center to be up to 175 acres in size. 5. What standards must be met in order for a community to gain designation? The State Statutes spell out a list of requirements that cities and towns must meet in order to become eligible for designation. These include having zoning and subdivision regulations that allow for mixed use and multi-family development, a 2 capital budget and plan, reserved water and wastewater capacity for the area in question, an official map, tools in place to support affordable housing, and an agreement with local landowners demonstrating shared commitment to the future of the area. We have done all of these in South Burlington 6. Why should South Burlington Apply for a New Town Center designation? Over the past several years, the City Council and Planning Commission have discussed several different mechanisms to support appropriately-scaled compact, mixed use development in the City Center area. The State has developed these designation programs as a part of the eligibility criteria for these more advanced programs (Growth Centers. Vermont Neighborhoods, Tax Increment Financing). In essence, the State has said that in order for communities to gain access to significant benefits, they must first demonstrate that they have good planning in place. We have not yet had serious discussions about whether to apply for any of these more advanced programs. But without a New Town Center designation, we are not eligible. 7. If we become a New Town Center, do that require us to enter other programs? The New Town Center does not place any requirements on a community to apply for any other programs. It only allows the community to apply. 8. Why not apply for a Designated Downtown or Designated Village? The Downtown and Village programs do offer more benefits than the New Town Center. The simple fact, however, is that the historic development patterns South Burlington would not qualify under the criteria for these two programs. 9. Are there other New Town Centers in Vermont? Until the creation of the Growth Centers and Vermont Neighborhoods program, and recent changes to the Tax Increment Finance Law, there were no benefits to becoming a New Town Center. As a result, no towns applied. With the recent changes, however, the Town of Colchester applied and received designation. 10. What planning work will be needed to be done to become eligible to apply? Our application is essentially complete, pending review and authorization by the Council. Our work over the past several years has met all of the necessary criteria, and the Planning Commission has closely scrutinized the location of the New Town 3 Center so that it would best aid the community in applying for the more advance programs. 11. What steps must the Council take to apply to the Vermont Downtown Board? 1. Review and approve the New Town Center designation application at a duly warned meeting (no separate public hearing required) 2. Review and sign the draft Community Reinvestment Agreement, which states that the City, and its primary partner in City Center (South Burlington Realty Inc) are both committed to the future of the New Town Center (the Agreement is enclosed, and places no undue burdens on either party). 3. Instruct staff to submit informational letters to the Greater Burlington Industrial Corporation and Regional Planning Commission and send the application to the Vermont Downtown Board. 4 STATE OF VERMONT AGENCY OF NATURAL RESOURCES DEPARTMENT OF ENVIRONMENTAL CONSERVATION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) DRAFT GENERAL PERMIT 3-9030 FOR DESIGNATED DISCHARGES TO THE BARTLETT, CENTENNIAL, ENGLESBY, MOREHOUSE AND POTASH BROOK WATERSHEDS I. GENERAL PERMIT COVERAGE A. Background Under Clean Water Act("CWA") section 402(p), 33 U.S.C. § 1342(p), the United States Environmental Protection Agency ("EPA") established permitting requirements for certain stormwater discharges. EPA established such requirements in two phases: Phase I, 55 Fed. Reg. 47990 (Nov. 16, 1990); and Phase II, 64 Fed. Reg. 68,722 (Dec. 8, 1999). Section 402(p)(2)(E) and (6) and 40 C.F.R. § 122.26 (a)(9)(i)(C) and(D), provide that the EPA Regional Administrator or, in states where there is an approved state program, the State Director may designate additional stormwater discharges as requiring National Pollutant Discharge Elimination System(NPDES) permits where he or she determines that: (C) stormwater controls are needed for the discharge based on wasteload allocations that are part of"total maximum daily loads" (TMDLs)that address the pollutants of concern, or(D)the discharge, or category of discharges within a geographic area, contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. This authority is commonly referred to as Residual Designation Authority(RDA). The Vermont Department of Environmental Conservation(Department) recently exercised residual designation authority pursuant to 40 C.F.R. Section 122.26(a)(9)(i)(D) for certain designated discharges to Bartlett, Centennial, Englesby, Morehouse and Potash Brooks. This general permit is applicable to these designated discharges and to any additional stormwater discharges to these five waterbodies that the Department designates pursuant to its residual designation authority. B. Authority This permit is issued in accordance with Vermont's federally-delegated NPDES stormwater program pursuant to the following state and federal laws and rules: the Vermont Water Pollution Control statute, 10 V.S.A. Chapter 47;the Vermont Water Pollution Control Rules, chapter 13, including the rule governing general permits in Section 13.12; the federal Clean Water Act, as amended, 33 U.S.C.A. 1251 et seq.; and related regulations of the federal Environmental Protection Agency including 40 C.F.R 122. 1 This general permit does not prevent a municipality from adopting stricter standards than those contained in this general permit, or in state or federal law. A municipality may voluntarily assume responsibility for permit coverage for a designated discharge if agreed to by the Department. This permit is consistent with the EPA- approved Total Maximum Daily Load(TMDL) for Bartlett, Centennial, Englesby, Morehouse and Potash Brooks. C. Coverage Required under this Permit Owners or operators of property from which there is a designated discharge shall obtain coverage under this general permit. A designated discharge is a stormwater discharge from an impervious surface to Bartlett, Centennial,Englesby, Morehouse or Potash Brook if such stormwater discharge is not covered under a NPDES municipal separate storm sewer system(MS4)permit or another NPDES permit or is not authorized by a state stormwater discharge permit with an associated offset or on-site controls that result in no net contribution to the receiving water. Non-municipal stormwater discharges into a MS4 system or stormwater discharges that commingle with the MS4 system are not subject to this designation. D. Limitations on Coverage This permit does not authorize stormwater discharge-related activities (e.g. BMP installation)when the discharge-related activity is likely to jeopardize the continued existence of any State or federally threatened or endangered species or result in the destruction or adverse modification of any critical habitat. E. Effect of Compliance with this Permit Designated discharges that obtain authorization under this general permit and adhere to the terms and conditions of this permit are authorized to discharge to waters of the state. If a designated discharge obtains coverage and is in compliance with the terms and conditions of this general permit,the discharge will not be contributing to a water quality standards violation pursuant to 40 C.F.R. § 122.26 (a)(9)(i)(D). F. How to Obtain Coverage To obtain coverage under this general permit, an owner or operator of a property with a designated discharge must comply with the application requirements and timeframes specified in Part III of this permit. G. When to Obtain Coverage Designated discharges that receive notice of designation from the Secretary prior to the effective date of this permit, shall comply with the application requirements set forth in Part III of this general permit no later than December 16, 2009. The owner or operator of 2 any stormwater discharge that is residually designated by the Secretary after the effective date of this permit shall obtain coverage under this permit no later than 180 days after receipt of notice of such designation. H. Relationship to Vermont's State Stormwater Law In accordance with Section 22-306 of the Department's Stormwater-Management Rule for Stormwater-Impaired Waters (Chapter 22, Environmental Protection Rules), a designated discharge that receives authorization under this general permit is no longer required to renew its previously issued state stormwater operational permit pursuant to . Chapter 22 of the Environmental Protection Rules (EPR) and 10 V.S.A. Sections 1264 and 1264a. However, if the authorized designated discharge is expanded or increased, then coverage under EPR Chapter 22 and 10 V.S.A. Sections 1264 and 1264a may be required for the expanded or increased discharge as further described.in Subsection V.E. of this general permit. II. DEFINITIONS "Best management practice" or"BMP"means a structural or non-structural technique for managing stormwater to prevent or reduce pollutant delivery and/or control stormwater runoff to surface water or ground water. A structural stormwater BMP may include, but is not limited to, a basin, discharge outlet, Swale,rain garden, filter or other stormwater management treatment practice or measure either alone or in combination. Non- structural stormwater BMPs may include,but are not limited to, source control and pollution prevention practices. "Designated discharge"means a stormwater discharge from an impervious surface to Bartlett, Centennial, Englesby, Morehouse or Potash Brook if such discharge is not covered under the NPDES municipal separate storm sewer system (MS4)permit or another NPDES permit or is not authorized by a state stormwater discharge permit with an associated offset or on-site controls that result in no net contribution to the receiving water. Non-municipal stormwater discharges into a MS4 system or stormwater discharges that commingle with the MS4 system are not subject to this designation. "Designer"means any person whose qualifications are acceptable to the Secretary. The Secretary may require that plans required by this permit be prepared by a professional engineer practicing within the scope of their engineering specialty and licensed in the State of Vermont, if necessary to protect the public or the environment. "Impervious surface" means man made surfaces, including but not limited to, paved and unpaved roads,parking areas,roofs, driveways and walkways, from which precipitation runs off rather than infiltrates. "Municipal separate storm sewer system" or"MS4" is defined at 40 C.F.R. 122.26(b)(8) and means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or 3 storm drains): (i) owned or operated by a State, city, town,borough, county, parish, district,association, or other public body(created by or pursuant to State law)having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the State and waters of the United States; (ii) designed or used for collecting or conveying stormwater; (iii)which is not a combined sewer; and(iv)which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2. "Owner or operator"means the owner or operator of a"facility" or"activity" subject to regulation under the NPDES program. In the case of a publicly owned facility or activity, the owner must be included as a permittee or co-permittee in any application for coverage under this permit. "Person"means any individual, partnership, company, corporation, association,joint venture,trust, municipality,the state of Vermont, or any agency, department or subdivision of the state, any federal agency, or any other legal or commercial entity. "Previously Issued State Stormwater Discharge Permit" means a stormwater discharge permit or a temporary pollution permit issued by the Secretary(regardless of whether such permit has expired)prior to the effective date of this general permit. "Project Area" means the area(s) of disturbance associated with implementation of stormwater BMPs required by this general permit. "Secretary"means the Secretary of the Vermont Agency of Natural Resources or the Secretary's duly authorized representative. "Stormwater" or stormwater runoff' means precipitation, snowmelt, and the material dissolved or suspended in precipitation and snowmelt that runs off impervious surfaces and discharges into surface waters or into groundwater via infiltration. "Total Maximum Daily Load" or"TMDL" means the calculations and plan for meeting water quality standards approved by the U.S. Environmental Protection Agency (EPA) and prepared pursuant to 33 U.S.C. Section 1313(d) and federal regulations adopted under that law. 4 III. APPLICATION REQUIREMENTS A. Filing of Application 1. Designated Discharges from Property with Existing Impervious Surfaces that are Subject to a Previously Issued State Stormwater Permit By no later than December 16, 2009, the owner or operator of a designated discharge that receives notice of designation from the Secretary prior to the effective date of this permit, shall apply for coverage under this general permit by submitting a completed NOI and all necessary attachments to the Secretary. The owner or operator of a stormwater discharge that is residually designated by the Secretary after the effective date of this permit shall submit a NOI and all necessary attachments no later than 180 days after receipt of notice of such designation. When a property is owned by one person but is operated by another person, it is the operator's duty to obtain permit coverage. 2. Designated Discharges from Property with Existing Impervious Surfaces Greater than One Acre that do not have a Previously Issued State Stormwater Permit By no later than December 16,2009, the owner or operator of a designated discharge that receives notice of designation from the Secretary prior to the effective date of this permit, shall apply for coverage under this general permit by submitting a completed NOI and all necessary attachments to the Secretary. The owner or operator of a stormwater discharge that is residually designated by the Secretary after the effective date of this permit shall submit a NOI and all necessary attachments no later than 180 days after receipt of notice of such designation. When a property is owned by one person but is operated by another person, it is the operator's duty to obtain permit coverage. 3. Designated Discharges from Property with Existing Impervious Surfaces Less than One Acre that do not have a Previously Issued State Stormwater Permit a. A designated discharge from property that has impervious surfaces less than one acre that are not subject to a previously issued state stormwater discharge permit shall be authorized to discharge upon the effective date of this permit. A NOI is not required for such a designated discharge. By no later than June 30,2010, the permittee shall implement the BMPs set forth in Appendix C of this general permit. Authorization to discharge shall terminate any time after June 30, 2010 if the BMPs set forth in Appendix C are not implemented for a designated discharge. b. The owner or operator of a stormwater discharge subject to this Subpart III.A.3. that is residually designated by the Secretary after the effective date of this permit shall be authorized to discharge upon receipt of a copy of this general permit from the Secretary. A NOI is not required for such a designated discharge. Such authorization to discharge shall terminate 180 days after the permittee receives a copy of this general permit from the Secretary if the BMPs set forth in Appendix C are not being implemented for a designated discharge. 5 B. Contents of Application An application for coverage under this general permit shall consist of a completed Notice of Intent(NOI) form with all necessary attachments. NOI forms are available on-line at www.vt.waterquality.org/storwmater.htm. The application must be submitted to the address specified in the NOI. C. Determination of Complete Application and Request for Additional Information The Secretary reserves the right to return an application that is incomplete or inaccurate or does not meet the requirements of this permit. The Secretary may require an applicant to submit additional information that the Secretary considers necessary in order to make a decision on the eligibility for, or the issuance or denial of, an authorization to discharge pursuant to this permit. The Secretary may deny an authorization to discharge pursuant to this permit if the additional information requested is not provided to the Secretary within sixty (60) days of the Secretary's request or if any additional information submitted is inadequate for the Secretary to make a decision on the eligibility for, or the issuance or denial of, an authorization to discharge pursuant to this permit. D. Public Notice of Application Any person who files a NOI shall at the same time provide a copy of the completed NOI form to the municipal clerk for posting for 10 days in the municipality in which the designated discharge is located. If the Secretary issues an authorization to discharge under this permit and the Secretary later determines that the applicant failed to provide notice to the municipal clerk in accordance with this subpart,the Secretary may revoke coverage under this permit in accordance with subpart VI.H. and/or may take any appropriate enforcement action in accordance with Part IX of this general permit. E. Public Comment Period Upon determination that an application is complete, the Secretary shall post a copy of the NOI on DEC's stormwater website and on the Agency's Environmental Notice Bulletin. The Secretary shall provide an opportunity for written comments regarding whether the NOI and all necessary attachments comply with the terms and conditions of this permit. Any interested person may file comments with the Secretary during the 10-day period following electronic posting. Should the Secretary extend or reopen the public comment period,the Secretary will so notify the applicant and those persons who file comments or a letter of interest. The Secretary may extend the public comment period if additional information is requested pursuant to Subpart III.C. of this permit. 6 F. Authorization to Discharge A person who files a NOI and all necessary attachments in accordance with Subparts III.A.1 and 2 shall only be authorized to discharge under the terms and conditions of this permit upon receipt of a written authorization to discharge from the Secretary. Each completed NOI and attachments are incorporated by reference and included in the terms and conditions of this permit. The owner and operator of a designated discharge specified in Subpart IILA.3 is authorized to discharge under the terms and conditions of this permit upon the effective date of this permit. A permittee shall comply with all terms and conditions of this general permit and all authorizations issued hereunder. Any permit noncompliance shall constitute a violation of 10 V.S.A. Chapter 47 and/or the federal Clean Water Act, and related regulations and may be cause for an enforcement action and/or revocation, modification or suspension of the permittee's authorization to discharge under this general permit. G. Filing of Authorization to Discharge in Local land Records The permittee shall file a one-page notice of the issuance of authorization to discharge under this general permit in the local land records within fourteen(14) days of the issuance of the authorization. A one page notice form is available on-line at www.vtwaterquality.org. A copy of the recording shall be submitted to the Secretary within fourteen(14) days of the permittee's receipt of a copy of the recording from the local land records. IV. PERMIT SUBMITTAL REQUIREMENTS AND COLLECTION, TREATMENT AND CONTROL STANDARDS A. Designated Discharges from Property with Existing Impervious Surfaces that are Subject to a Previously Issued State Stormwater Permit An applicant for permit coverage for a designated discharge from property that is subject to a previously issued state stormwater discharge permit shall: 1. By June 31,2011, conduct and submit to the Department an analysis conducted in accordance with the requirements contained in Appendix A to this general permit. The applicant shall also submit design plans for implementing the BMPs identified in this analysis. 2. By no later than eighteen(18) months after the Secretary's approval of the analysis and BMP design plans,the permittee shall implement the stormwater BMPs for the designated discharge in accordance with the approved plans. 3. Within sixty (60) days of completion of implementation of the identified BMPs, the permittee shall submit to the Secretary a written statement signed by a designer that the identified BMPs have been built or implemented and are currently operating in compliance with the plans and this general permit. As-built-plans shall be submitted with 7 the certification if the BMPs have changed from the original plans submitted to the Department. B. Designated Discharges from Property with Existing Impervious Surfaces Greater than One Acre that do not have a Previously Issued State Stormwater Permit An applicant for permit coverage for property from which there is a designated discharge and that has impervious surfaces greater than one acre that are entirely or partially subject to a previously issued state stormwater discharge permit shall: 1. By December 31,2010, conduct and submit a Site Assessment (SA) conducted in accordance with the Department's VTDEC Procedure for Site Assessments in Appendix B to this general permit. 2. If, after review of the SA and other available information,the Department determines that stormwater BMPs must be implemented for the subject property in order to implement the applicable TMDL, the Secretary shall reopen this permit to specify and require implementation of these stormwater BMPs by the permittee. The Secretary shall require that implementation of such BMPs be completed within 18 months of the effective date of the amended permit. 3. By June 30,2010,the permittee shall implement the BMPs set forth in Appendix C of this general permit. Authorization to discharge shall terminate at any time after June 30,2010, if the BMPs set forth in Appendix C are not being implemented for a designated discharge. C. Designated Discharges from Property with Existing Impervious Surfaces Less than One Acre that do not have a Previously Issued State Stormwater Permit A designated discharge from property that has impervious surfaces less than one acre that are not subject to a previously issued state stormwater discharge permit shall be authorized to discharge upon the effective date of this permit. By June 30,2010,the permittee shall implement the BMPs set forth in Appendix C of this general permit.. Authorization to discharge shall terminate any time after June 30, 2010 if the BMPs set forth in Appendix C are not being implemented for a designated discharge. V. OPERATION AND MAINTENANCE A. Operation and Maintenance of Stormwater Collection, Treatment and Control System The permittee shall at all times properly operate, inspect and maintain all stormwater BMPs that are installed or used by the permittee to achieve and maintain compliance with this general permit. The permittee shall use the operation, maintenance and inspection checklists provided by the Secretary. The condition of the stormwater BMPs shall at no time contribute to a violation of the terms, conditions,requirements, 8 • limitations, and restrictions specified by this general permit or any authorization to discharge issued hereunder. B. Annual Inspection and Report The stormwater BMPs for a designated discharge shall be properly operated and maintained and shall be inspected at least twice per year, once in the spring after snow melt, and once in the fall prior to snow fall. The inspection shall evaluate the operation, maintenance and condition of the stormwater collection, treatment and control system. The permittee shall prepare an annual inspection report on a form provided by the Secretary regarding the operation, maintenance and condition of the stormwater BMPs. The inspection report shall note all problem areas and all measures taken to correct any problems and to prevent future problems. The permittee shall submit the annual inspection report to the Secretary by December 31st of each year. C. Designer's Restatement of Compliance In accordance with a schedule provided in the authorization to discharge, a permittee shall submit to the Secretary a written statement signed by a designer that the stormwater BMPs for a designated discharge are properly operating and maintained. Failure to submit a designer's re-statement of compliance shall constitute a violation of this general permit and may result in the revocation of an authorization to discharge under this general permit. D. Corrective Action Any erosion or associated discharge of sediment from the stormwater BMPs for a designated discharge shall be corrected immediately. Any deficiencies noted during inspections shall be corrected as soon as possible, but no later than thirty (30) days after detection. E. Changes to Authorized Discharge or Impervious Surfaces A permittee shall notify the Secretary of any planned development, facility, or impervious surface expansions and/or changes that may result in new, expanded or increased stormwater discharges. The Secretary may require the permittee to submit additional information on the proposed changes. If there will be a new, expanded or increased stormwater discharge, the permittee shall obtain coverage under a state stormwater permit for such new, expanded or increased discharge if required pursuant to EPR Chapter 22 and 10 V.S.A. Sections 1264 and 1264a, or under another appropriate general or general permit issued by the Secretary. 9 F. Recordkeeping The permittee shall retain on-site a copy of all written records relating to the stormwater BMPs and this general permit until further notice by the Secretary. The permittee shall make such records available to the Secretary upon request in accordance with Subpart VI.K. of this permit. VI. STANDARD CONDITIONS A. Duty to Comply The permittee shall comply with all terms and conditions of this general permit and all authorizations to discharge issued hereunder. Any permit noncompliance constitutes a violation of 10 V.S.A. Chapter 47 and the federal Clean Water Act, and related regulations and may be cause for an enforcement action and/or revocation and reissuance, modification or termination of the permittee's authorization to discharge under this general permit. B. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. C. Continuation of Expired General Permit If this permit is not reissued or replaced prior to its expiration date,but the Department makes a determination that it will be renewed,this permit will be administratively continued and remain in full force and effect. Any permittee that was granted permit coverage prior to the expiration date will automatically remain covered by the continued permit until the earliest of the following: 1. Reissuance or replacement of this permit, at which time the permittee must comply with the conditions of the new permit to maintain authorization to discharge; or 2. The permittee submits a Notice of Termination(NOT)pursuant to subpart VI.C. and the NOT is approved by the Secretary; or 3. Issuance of an individual permit for the designated discharge; or 4. A formal permit decision by the Secretary not to reissue this general permit, at which time the permittee must seek coverage under an alternative general permit or an individual permit. • 10 D. Notice of Termination The permittee shall submit a Notice of Termination(NOT) on a form provided by the Department within twenty (20) days of ceasing a designated discharge to waters of the State or waters of the United States. The Secretary shall review and approve or deny the NOT. If the Secretary denies the NOT,the permittee shall maintain coverage under this permit. E. Requiring an Individual Permit 1. The Secretary may require the owner or operator of a designated discharge to apply for an individual NPDES stormwater permit. Any interested person may petition the Secretary to take action under this Subpart. Cases where an individual permit may be required include the following: a. The discharge(s) is a significant contributor of pollution as determined by the following factors: i. the location of the discharge with respect to waters of the State; ii. the size of the discharge; iii. the quantity and nature of the pollutants reaching waters of the State and the impacts of the pollution on the receiving water; and iv. other relevant factors. b. The discharger is not in compliance with the terms and conditions of this general permit or does not qualify for coverage under this general permit. d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of wastes applicable to the discharge. e. Federal effluent limitation guidelines are promulgated for discharges covered by this general permit. f. If necessary to implement a waste management strategy contained in any applicable basin plan. 2.. If the Secretary finds that a permittee authorized by this general permit is required to apply for an individual permit, the Secretary shall so notify the permittee. This notice shall include a brief statement of the reasons for this decision, an application form, a statement setting a time for the permittee to file the application, and a statement that on the effective date of the individual permit this general permit as it applied to the individual permittee shall automatically terminate. The Secretary may grant additional time upon request of the applicant. 3. When an individual permit is issued to a person otherwise subject to this general permit, the applicability of this general permit to the individual permittee is automatically terminated on the effective date of the individual permit. 11 4. Any permittee authorized by this general permit may request to be excluded from coverage of this general permit provided the permittee submits information supporting the request. If the Secretary finds that the terms and conditions of this general permit do not apply to the discharge, or that the discharge is more appropriately covered by an individual permit,the Secretary shall grant the request and shall so notify the permittee in writing of his/her decision. Upon receipt of such notification,the permittee shall submit to the Secretary an application for an individual permit. The applicability of this general permit is not terminated until the effective date of the individual permit. F. Requiring Coverage Under this General Permit 1. The Secretary may require any person applying for issuance of an individual NPDES permit to be subject to this general permit provided the Secretary finds the discharge complies with all conditions of this general permit and the discharge is more appropriately covered under this general permit. 2. Any permittee subject to an individual permit and wishing to discharge subject to this general permit may file a notice on forms provided by the Secretary. Upon the request of the Secretary, any person who files a notice shall submit such additional information that may be necessary to enable the Secretary to authorize the discharge under the terms of this general permit. Each notice shall be accompanied by a fee as specified by the Secretary and established by law. 3. Any permittee subject to an individual permit shall be authorized to discharge under the terms of this general permit upon: a. the issuance of a notice by the Secretary authorizing the discharge under the terms of this general permit, and: b. expiration of the individual NPDES permit under which the permittee was previously authorized to discharge. G. Inclusion of Permit Requirements in Another NPDES Permit The requirements of this general permit may be included in an alternative NPDES general permit or NPDES individual permit provided that the requirements of the alternative NPDES general permit or individual permit are at least as stringent as this permit. If the requirements of this general permit are included in an alternative general or individual NPDES permit, and a permittee obtains such coverage,then coverage under this permit is not required. H. Revocation of Authorization to Discharge Under this General Permit 1. The Secretary may, after notice and opportunity for public hearing pursuant to 3 V.S.A. Section 814 revoke or suspend, in whole or in part, authorization to discharge under this general permit for cause, including but not limited to: 12 • a. Violation of any terms or conditions of the general permit; b. Obtaining a general permit by misrepresentation or failure to disclose fully all relevant facts; c. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; and d. Violations of the Vermont Water Quality Standards. I. Transfer of Authorization to Discharge 1. An authorization to discharge under this general permit may be transferred in accordance with this Subpart. 2. A notice of transfer must be submitted to the Secretary no later than thirty(30) days after the transfer and shall include the following: a.. The name and address of the present permittee; b. The name and address of the prospective permittee; c. The proposed date of transfer; and d. A statement signed by the prospective permittee, stating that: i. The conditions of the facility operation that contribute to, or affect, any discharge will not be materially different under the new ownership; and ii. He/she has read and is familiar with the terms of the permit and agrees to comply with all the terms and conditions of the permit. J. Modification of this General Permit After notice and opportunity for a public meeting, this permit may be modified in accordance with Section 13.12.C.7 of the Vermont Water Pollution Control Rules. K. Right of Inspection and Entry A permittee shall allow the Secretary and his/her authorized representatives, at reasonable times, and upon presentation of credentials, to: (1) enter upon and inspect the permittee's property where a designated discharge is located or conducted or where records must be kept under the conditions of this permit; 13 (2)have access to and copy any records that must be kept under the conditions of this permit; (3) inspect any facilities, equipment,practices or operations regulated or required under this permit; and (4)to sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the federal Clean Water Act or state law, any substances,pollutants, or parameters, including BMP performance, at any location. L. Operating Fees Stormwater discharges authorized by this general permit may be subject to operating fees pursuant to 3 V.S.A. Section 2822. The permittee shall submit all operating fees in accordance with procedures provided by the Secretary. Failure to pay all operating fees shall constitute a violation of this general permit. Currently there are no fees associated with the issuance of permits under this program. M.Unauthorized Discharges Discharges of any material or substance other than stormwater, including but not limited to vehicle and equipment maintenance spills, fuels,was water, construction debris, oil and other hazardous substances, are not authorized by this general permit. N.Limitations 1. This general permit conveys no vested rights or exclusive privileges. The general permit conveys no title to land nor authorizes any injury to public or private property. The general permit does not authorize infringement of any applicable federal, state or local laws or regulations nor obviate the necessity of obtaining such additional permits as may be required. 2. Nothing in this permit shall be construed as having relieved,modified, or in any manner affected the permittee's ongoing obligation to comply with all other federal, state or local statutes, regulations or directives applicable to the permittee in the operation of its business, nor does it relieve the permittee of the obligation to obtain all necessary federal, state and local permits. O. Historic Properties Each permittee must comply with any applicable federal, state and local laws concerning the protection of historic properties and places. 14 P. Reopener Clause If, after granting authorization to discharge under this general permit,the Secretary determines, in his or her discretion,that there is evidence indicating that an authorized stormwater discharge causes or has the reasonable potential to cause or contribute to a violation of the Vermont Water Quality Standards,the Secretary may require the permittee to obtain an individual permit, or the Secretary may modify the authorization to discharge to include different limitations and/or requirements in accordance with this general permit. Q. Need to Halt or Reduce Activity Not a Defense It shall not be a defense of the permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. R. Duty to Provide Information The permittee shall furnish to the Secretary, within a reasonable time, any information which the Secretary may request to determine whether cause exists for modifying, revoking and reissuing or termination this permit or to determine compliance with this permit. The permittee shall also furnish to the Secretary,upon request, copies of records required to be kept pursuant to this permit. S. Anticipated Noncompliance The permittee shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. T. Permit Actions A request by a permittee for a permit modification, revocation and reissuance or termination or a notification of planned changes or anticipated non-compliance does not stay any permit condition. U. Property Rights This permit does not convey any property rights of any sort, or any exclusive privilege. This general peiinit conveys no title to land nor authorizes any injury to public or private property. V. Signatory Requirements 1. All applications, including NOIs,must be signed as follows: 15 a. For a corporation: By a responsible corporate officer. For the purpose of this Part, a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or(ii) the manager of one or more manufacturing, production, or operating facilities, provided,the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. b. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or c. For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this Part, a principal executive officer of a federal agency includes (i)the chief executive officer of the agency, or(ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g. Commissioner of the Department). 2. All reports required by this permit must be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: a.. The authorization is made in writing by a person described above; b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent,position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and c. The signed and dated written authorization is included in this permit. A copy must be submitted to the Secretary, if requested. 3. Any person signing documents required under the terms of this permit must include the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my diligent inquiry of the person or persons who manage the system or actions required 16 by this permit, or those persons directly responsible.for gathering the information,the information submitted is,to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." VII. VIOLATION OF PERMIT REQUIREMENTS; ENFORCEMENT A permittee shall comply with all terms and conditions of this permit. Any permit noncompliance constitutes a violation of 10 V.S.A. Chapter 47 and the federal Clean Water Act, and is grounds for an enforcement action, or suspension or revocation of the permittee's authorization to discharge under this permit. VIII. APPEALS This permit may be appealed to the Vermont Environmental Court in accordance with 10 V.S.A. Section 220. IX. EFFECTIVE DATE AND TERM OF GENERAL PERMIT This permit shall become effective upon signing and shall expire five (5)years from the date of signing. Signed this day of October, 2009. Justin G. Johnson, Commissioner Department of Environmental Conservation By Peter LaFlamme, Director Water Quality Division 17 APPENDIX A - Permit Submittal Requirements And Collection, Treatment And Control Standards For Designated Discharges From Property With Existing Impervious Surfaces That Are Also Subject To A Previously Issued State Stormwater Permit This procedure shall be followed by permittees for designated discharges specified in Subpart 4.A. of the Department's NPDES General Permit 3-9030 for Designated Discharges to the Bartlett, Centennial,Englesby, Morehouse and Potash Brook Watersheds. By June 31,2011, permittees for such designated discharges shall conduct and submit to the Department an analysis conducted in accordance with this procedure. This procedure provides a process by which permittees shall identify opportunities for maximizing on-site treatment of residually designated discharges and identify stormwater BMPs that shall be implemented by permittees in accordance with Subpart 4.A. By no later than eighteen (18) months after the Secretary's approval of the analysis and BMP design plans,the permittee shall implement the stormwater BMPs for the designated discharge in accordance with the approved plans. Step One: Identification of Opportunities for On-Site Treatment A site-specific analysis will be used for maximizing on-site treatment of stormwater runoff from existing impervious surfaces. The basis for this analysis is the VSWMM. The VSWMM was designed to set stormwater management standards for new construction on undeveloped sites and not for retrofits of already developed sites. In lieu of adopting a separate set of standards appropriate for retrofit projects,the secretary will require designated discharges with pre-existing state stormwater permits to meet all practicable requirements on site for three of the five stormwater treatment standards in the VSWMM as defined by this Appendix. The engineering feasibility analysis covers the infiltration, channel protection(hydrology),and water quality treatment requirements in the VSWMM. These discharges will not be required to meet the VSWMM requirements for the ten and one hundred year floods. Priority for on-site retrofit implementation is given first to recharge, then hydrological control, and finally wash-off load reduction. The specific treatment and control practices determined through use of this analysis shall then be implemented at the site.: The existing site (including contiguous land owned or controlled by the subject property owner and within the impaired watershed of the designated discharge) shall be evaluated for its potential to maximize treatment for infiltration, channel protection and water quality treatment. The priority of treatment assessment is provided in Table 1. All necessary considerations for treatment suitability shall be followed, as provided in the Manual. In addition, all required design elements specified in the Manual shall be evaluated and incorporated into the final design of specific stormwater collection, treatment and control practices. Please note the increased infiltration requirements; infiltration of all runoff from impervious surfaces from the 1-year storm is required by this permit. 18 Step Two: Submittal of Engineering Feasibility Analysis Report To comply with Subpart IV.A. of the General Permit for Designated Discharges,the permittee shall submit to the Department an Engineering Feasibility Analysis Report on a form to be provided by the Secretary. Table 1 Residual Designation Engineering Feasibility Analysis Priority Ranking of Retrofit Analysis 2002 VSWMM Specific Analysis Requirements in Order of Priority Criteria 1. Infiltration of all impervious surface runoff from the 1-year storm. Recharge Volume(Rev) This requirement exceeds the RE requirement of the Manual 2. Provide 12 or 24-hr detention(depending on receiving water fishery Channel Protection status)of non-infiltrated runoff from the 1-yr storm. Volume (CPv) 3. Provide treatment of the Water Quality Volume. Infiltration of this Water Quality Volume volume is considered compliant with the Manual. (WQO Table 2 identifies the feasibility criteria to be used to modify the feasibility analysis required by Table 1. These are intended to accommodate the space, development, and natural resource constraints on existing developed sites. The fmal feasibility analysis submitted to DEC shall reflect the treatment and control assessment undertaken in accordance with Table 1 as modified by the factors in Table 2. 19 Table 2 Residual Designation Engineering Feasibility Analysis 1 Analysis will not require installation of sub-surface storage or treatment structures 2 Analysis will not require purchase or acquisition of additional land 3 Analysis will not require demolition of buildings or removal of existing impervious surfaces to point of interference with either the existing land use or material conditions of any existing land use permits 4 Analysis will not require off-site treatment of stormwater 5 Analysis will not require either site re-grading or site re-contouring to point of permanent interference with either the existing land use or material conditions of any existing land use permits 6 Analysis will not require pumping or otherwise mechanical re-routing of stormwater runoff. 7 Analysis will not require mechanical or chemical treatment of stormwater 8 Analysis will not allow infiltration where basement flooding or subsurface pollutant plume transport will occur. 9 Analysis will not require the construction of any infrastructure within the Fluvial Erosion Hazard area of any receiving water or within any wetland or its 50-foot buffer zone. 10 Analysis will not require the destruction of contiguous forested areas exceeding 1,000 square feet. The removal of trees in non-contiguous forested areas shall be considered when replacement of lost trees is feasible per this table. T. 20 APPENDIX B - Permit Submittal Requirements And Collection, Treatment And Control Standards For Designated Discharges From Property With Existing Impervious Surfaces Greater Than One Acre That Do Not Have A Previously Issued State Stormwater Permit The site assessment information requested below shall be provided by permittees for designated discharges specified in Subpart 4.B. of the Department's NPDES General Permit 3- 9030 for Designated Discharges to the Bartlett, Centennial, Englesby, Morehouse and Potash Brook Watersheds. By December 31,2010,permittees for such designated discharges shall submit a completed Site Assessment to the Department. The information provided in the Site Assessment will be used by the Department to assess opportunities for the implementation of stormwater BMPs on the subject property as necessary to meet water quality standards. 1. Applicant Name(s): • 2. Is this SA being submitted in connection with a subdivision(e.g. residential or commercial subdivisions, condominiums and industrial parks)? (Yes/No) 3. Address of Applicant(s): 4. Telephone Number: 5. Fax: 6. E-mail: 7. Project Name: 8. Project Location Address and Lat/Long (dd, mm, ss) 9. Act 250 Permit Number (if any): 10.Number of discrete discharge points from the project: 11. Receiving Water: 12. How is water conveyed to the receiving water? 21 13. Total Lot Area(acres): Impervious Area (acres): 14. Attach a topographic map (11"x 17" max) drawn at an appropriate scale showing the location of the site, discharge point(s) and receiving water(s). (✓) 15. Attach one or more site plans (11"x 17" min) with the information below. All plans should have a legend, scale bar, and north arrow. Plans shall be prepared by a licensed surveyor,professional engineer, or Stormwater Designer. (✓) Required Site Plan Information 1 General Site Information _ Property Boundaries C Areas of impervious cover (e.g. roofs, sidewalks, and paved or gravel driveways and parking lots). ❑ Location of adjacent roads C. Receiving water(including streams, ponds, or wetlands) 2 Water Flow and Conveyance • Elevation contours ❑ Catch Basins (include size, rim elevation. and inlet/outlet elevations) _ Pipes& culverts (include diameter, material, slope, and length) ❑ Drainage ditches and swales ❑ Current stormwater treatment(e.g. ponds, infiltration basins, filters, rain gardens. cisterns, drywells, etc) L Roof gutters and downspouts _ Drainage area boundaries Discharge Point(s) from the site _ Make a note of any runoff that comes on the property from offsite 3 Other site features—note features on the site that may limit certain types of treatment _ USDA NRCS Soil Hydrologic Group (may be included as a separate map). The site assessor shall confirm the accuracy of the soil survey by visual inspection and delineate areas of deviation from the published survey (e.g. areas of fill, presence of clay soils in an area denoted as HSG A on the soil survey). _ Utilities such as power lines, sewer, drinking water, or gas lines. Delineate any known easements Depth to bedrock 22 _ Areas of active erosion _ Tree cover/Forested areas Conserved or protected areas 16. Date of site assessment: 17. DESIGNER CERTIFICATION: I hereby certify that in the exercise of my reasonable professional judgment,the information submitted with this site assessment is true and correct: Original Signature of Stormwater Designer Title Print or Type Name 23 APPENDIX C - Permit Submittal Requirements And Collection, Treatment And Control Standards And Best Management Practices For Discharges Specified In Subparts IV. B And C of The Department's General Permit For Designated Discharges This procedure describes the BMPs that shall be implemented by permittees for designated discharges specified in Subparts IV.B and C of General Permit for Designated Discharges (General Permit 3- 9030). By June 30,2010,permittees for such designated discharges shall implement the BMPs specified in this Appendix to maximize sheet flow and infiltration of stormwater on their property,prevent soil erosion and minimize pollutants in stormwater runoff from their property. Maximize Sheet-flow and Infiltration Designated discharges shall maximize the ability of the site to achieve sheet-flow of stormwater runoff, as opposed to directing runoff into ditches, pipes, or other means of conveyance. This may be accomplished through use of the following practices: • Disconnect, or re-direct, roof-gutter downspouts to allow stormwater to run onto vegetated areas instead of onto impervious areas or to ditches or pipes. Runoff should be directed onto vegetated areas with the least slope, most vigorous vegetation, and greatest distance to either the receiving water or any type of stormwater conveyance. In no case should roof runoff be re-directed in a manner that will cause or exacerbate flooding. seepage, or other similar water-related issues to any existing structures. • Rain gardens are an effective means of achieving treatment and infiltration of stormwater runoff, especially in cases where the ability to achieve sheet flow over vegetated areas is limited due to space. The Vermont Rain Garden Manual (NRCD) provides instructions on the location, construction, and care of rain gardens and is available online at http://vacd.org/winooskiNtRainGardenManual.pdf Prevent and Eliminate Soil Erosion • Designated discharges shall eliminate areas of active erosion through re-vegetation, or stabilization with stone or other similar means. New construction that does not require a NPDES permit for disturbances of 1 or more acres of land shall implement proper erosion prevention and sediment control techniques to minimize the discharge of soil, or sediment, from the site. The "Low Risk Handbook for Erosion Prevention and Sediment Control is available online at http://www.vtwaterquality.org/stormwater/docs/construction/sw low risk site handbook .nd f 24 Prevent and Eliminate Delivery of Stormwater Pollutants to Conveyances Designated Discharges shall not wash or rake anything directly into road gutters, a storm drain or catch basin. The "Small Site Stormwater BMP Guide"is available online at http://www.vtwaterquality.org/stormwater/ 25 APPENDIX D - Threatened and Endangered Species Protection You are eligible for coverage under this permit if your stormwater discharge-related activity is not likely to jeopardize the continued existence of a State or federally listed threatened or endangered species or result in the destruction or adverse modification of critical habitat. In order to determine whether your stormwater discharge-related activity will cause such jeopardy,thereby making you ineligible for coverage,the following process should be followed. For purposes of this analysis, "stormwater discharge-related activity"means the BMPs that will be constructed and operated as required by this general permit and associated areas of disturbance (e.g. area where a stormwater detention pond will be built). I. APPLICABLE CRITERIA FOR EVALUATING IMPACT OF STORMWATER DISCHARGE-RELATED ACTIVITIES You should use the process outlined in Part II below to evaluate your project in light of one or more of the following six criteria(A-F): Criterion A.No state or federally-listed threatened or endangered species or their federally designated critical habitat are in the Project Area as defined in Subpart II of the general permit, or Criterion B. Formal consultation with the Fish and Wildlife Service (Service) under section 7 of the Endangered Species Act (ESA)has been undertaken and that consultation: i. Addressed the effects of the project's stormwater discharge-related activities on federally-listed threatened or endangered species and federally designated critical habitat, and ii. The consultation resulted in either: a. a biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federally-designated critical habitat, or b. written concurrence from the Service with a finding that the stormwater discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat; or Criterion C. Informal consultation with the Fish and Wildlife Service under section 7 of the ESA has been undertaken and that consultation: i. Addressed the effects of the project's stormwater discharge-related activities on federally-listed threatened or endangered species and federally designated critical habitat, and 26 ii. The consultation resulted in either: a. a biological opinion finding no jeopardy to federally-listed species or destruction/adverse modification of federally-designated critical habitat, or b. written concurrence from the Service with a finding that the stormwater stormwater discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat; or Criterion D. In the case that a state listed species is identified, the stormwater discharge- related activities are authorized through the issuance of an Endangered and Threatened Species permit under 10 V.S.A. Section 5408 and that authorization addresses the effects of the stormwater discharge-related activities on state-listed species. In the case that a federally listed species is identified,the stormwater discharge-related activities are authorized through the issuance of a permit under section 10 of the ESA, and that authorization addresses the effects of the stormwater discharge-related activities on federally-listed species and federally-designated critical habitat; or Criterion E. Stormwater discharge-related activities are not likely to adversely affect any state or federally-listed threatened or endangered species or result in the destruction or adverse modification of state or federally-designated critical habitat; or Criterion F. The project's stormwater discharge-related activities were already addressed in another permittee's determination, or in another permitting action, under Criteria A-E which included the activities and there is no reason to believe that state and federally- listed species or state and federally-designated critical habitat not considered in the prior determination or action may be present or located in the Project Area. II. PROCESS TO FOLLOW TO ASSESS YOUR STORMWATER DISCHARGE- RELATED ACTIVITIES You should follow this process to assess the potential effects of your stormwater discharge-related activities on state and federally listed species and the critical habitat of any federally-listed species. When evaluating these potential effects, you should evaluate the entire Project Area,as that term is defined in Subpart II of the general permit.Note that dischargers who meet Criterion B, C, D, or F because they have both a previously issued ESA section 10 permit and an Endangered and Threatened Species permit under 10 VSA section 5408 , a previously completed ESA section 7 consultation and consultation with the Vermont Department of Fish and Wildlife, or because their activities were already addressed in another discharger's determination, may proceed directly to Step Four. Step One: Determine if Listed Threatened or Endangered Species and Federally Designated Critical Habitat are Present On or Near Your Project Area. 27 You must first determine whether state or federally-listed species reside in the Project Area or if there is critical habitat in the Project Area. The Vermont Agency of Natural Resources maintains a web site showing the location of all State and Federally listed species in Vermont. If you know the location or the latitude and longitude of your. project, you can visit:http://www.anr.state.vt.us/site/html/maps.htm and obtain the necessary information. If there are no listed species or habitat within the Project Area, you are eligible for coverage under this general permit. If there are listed species or critical habitat in the Project Area you should contact the Vermont Department of Fish and Wildlife and you will need to do one or more of the following: 1) conduct visual inspections; 2) conduct a formal biological survey (typically performed by a environmental consulting firm); or 3)if applicable, conduct an environmental assessment under the National Environmental Policy Act(NEPA). Step Two: Determine if your Stormwater Discharge-Related Activities Are Likely to Adversely Affect Listed Threatened or Endangered Species or Designated Critical Habitat You should assess whether your stormwater discharge- related activities are likely to adversely affect listed threatened or endangered species or designated critical habitat. Potential adverse effects include: Hydrological. Stormwater discharge-related activity may alter drainage patterns on a site where stormwater BMP installation occurs that can impact listed species or critical habitat. Habitat. Site development, grading or other surface disturbances from stormwater discharge-related activities. including storage of materials and the installation or placement of stormwater BMPs, may adversely affect listed species or their habitat. Toxicity. In some cases pollutants from stormwater discharge-related activities may have toxic effects on listed species. The scope of effects to consider will vary with each project. If you are having difficulty determining whether your project is likely to adversely affect listed species or critical habitat, or the State of Vermont Department of Fish and Wildlife or a Federal agency has already raised concerns with your project, you must contact the appropriate office for assistance. If adverse effects are not likely,you have satisfied Criterion E and can apply for coverage under the general permit. If your stormwater discharge-related activities may adversely affect listed species or critical habitat,you must follow Step Three. Step Three: Determine if Measures Can Be Implemented to Avoid Adverse Effects. If you make a preliminary determination that adverse effects to listed species and/or critical habitat are likely to occur, you are still eligible for general permit coverage if 28 appropriate measures are undertaken to avoid or eliminate the likelihood of adverse effects prior to applying for general permit coverage. These measures may be relatively simple, e.g., re-routing a stormwater discharge to bypass an area where species are located,relocating BMPs, or changing the "footprint" of the discharge-related activity. If you cannot ascertain which measures to implement to avoid the likelihood of adverse effects, you must follow Step Four. Step Four: Determine if Criterion B, C, D or F Can Be Met. Where adverse effects are likely and you are uncertain about how to avoid or eliminate the likelihood of adverse effects, you must contact the Vermont Department of Fish and Wildlife and/or a Federal agency. However, you may still be eligible for general permit coverage if likely adverse effects can be addressed follows: i. A consultation under ESA Section 7 has been performed for your activity(see Criteria B and C). ii. In the case that a State listed species is identified, an Endangered and Threatened Species permit under 10 VSA § 5408 has been issued(see Criterion D). Stormwater discharges may be authorized by this general permit if some activity is authorized through the issuance of a permit under 10 VSA §5408 and that authorization addressed the effects of your project on state-listed species and any designated habitat. In the case that a Federally listed species is identified, you must have both the Endangered and Threatened Species permit under 10 VSA § 5408 listed above and an incidental taking permit under Section 10 of the ESA that has been issued for your activity (see Criterion D). Discharge-related stormwater discharges may be authorized by this general permit if some activity is authorized through the issuance of a permit under both 10 VSA § 5408 and section 10 of the ESA. These authorizations must address the effects of your stormwater discharge-related activities on state and federally-listed species and federally designated critical habitat. You must follow Fish and Wildlife Service procedures when applying for an ESA Section 10 permit(see 50 CFR §17.22(b)(1)).Application instructions for section 10 permits for Fish and Wildlife Service can be obtained by accessing the Service website (http://www.fws.gov) or by contacting the appropriate Service regional office. iii. In the case of a state-listed species you have coordinated your activities with the Vermont Department of Fish and Wildlife (see Criterion E). In the absence of any other conditions set forth in Step Four, you may still be covered under this general permit if the Vermont Department of Fish and Wildlife provides a letter or memorandum concluding that the direct and indirect effects of your stormwater discharge-related activities will be unlikely to adversely affect listed species or to adversely modify designated critical habitat. If you adopt measures to avoid or eliminate adverse effects, per the Vermont Department of Fish and Wildlife requirements or recommendations, you must abide by those measures as a condition of coverage under this general permit. 29 In the case of a federally listed species, you must have coordinated your activities with the Vermont Department of Fish and Wildlife as stated above and you must have coordinated your activities with the appropriate Federal agency(see Criterion E). In the absence of any other conditions set forth in Step Four, you maystill covered under this general permit if a Federal agencay till be er or memorandum concluding that the direct and indirect of youlertstormwater discharge-related activities will be unlikely to adversely affect listed species adversely modify designated critical habitat. If you adopt measures to avoid or eliminate adverse effects,per the Service's requirements or recommendations, you must abide b those measures as a condition of coverage under this general permit. Y iv. You are covered under the compliance determination of another operator for the Project Area(see Criterion F). Your stormwater discharge-related activities were addressed in another discharger's determination under Criteria A through E, which also already included your project and determined that state and federally listed endangered or threatened species or federally designated critical habitat would not be jeopardized. You must comply with any measures or controls upon which the other deternu ation under Criterion B, C, or D was based. You must comply with any terms and conditions imposed under Criterion A through F to ensure that your stormwater discharge-related activities are protective of listed species and/or federally-designated critical habitat. If the requirements cannot be met, then you may not be covered under this ener these instances, you may consider applying to the Department for an g al permit. In individual permit. 30 • south PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning 9G SUBJECT: Appointment of Ray Belair as telecommunications designee Our attorneys have recommended that the City take action to appoint an officer to review and approve de minimus telecommunications facility applications, pursuant to standards set forth in 24 VSA. I therefore recommend the Council appoint Raymond Belair, the City's Zoning Administrative Officer, to serve as this officer. The item was recently brought to our attention as we reviewed statutory requirements for larger telecommunications facilities. The present requirement was enacted by the Legislature in the 2007 session. It is my opinion that the qualifications, functions, and time commitments of this responsibility are consistent with Mr. Belair's present duties. The applicable State Statute reads as follows: § 4412. Required provisions and prohibited effects Notwithstanding any existing bylaw,the following land development provisions shall apply in every municipality: (9)De minimis telecommunications impacts. An officer or entity designated by the municipality shall review telecommunications facilities applications, and upon determining that a particular application will impose no impact or de minimis impact upon any criteria established in the bylaws, shall approve the application.