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Home My WebLink AboutAgenda - City Council - 11/21/2011 • • ► • southburimgton PRMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Executive Session 6:30pm Monday, Nov. 21, 2011 Consider entering executive session to discuss personnel,contract negotiations and litigation. Regular Session 7:30 P.M. Monday, Nov. 21, 2011 1. Agenda Review: Additions, deletions or changes in order of agenda items. 2. Comments and questions from the public(not related to the agenda). 3. Announcements and City Manager's Report. 4. ***First reading of Draft Land Development Regulations approved by Planning Commission. (Consider Scheduling Public Hearing for Dec. 19, 2011)(Paul Conner, Director of Planning&Zoning). 5. ***Consider approval of Return Check Policy. (Donna Kinville, City Treasurer). 6. ***Consider approval of Agreement on Electronic Funds Transfer with the Merchants Bank. (Donna Kinville, City Treasurer). 7. ***Presentation by VTrans on the night time paving project of US2/Williston Rd.(VTrans Staff and Justin Rabidoux, Public Works Director). 8. ***Review and approve minutes from regular meeting held on Nov 7,2011 and special meeting held on Nov. 17,2011. 9. Other Business. 10. Sign disbursement orders. 11. Consider entering executive session to discuss personnel, contract negotiations and litigation. 12. Adjourn. Respectfully Submitted: Sanford I. Miller, City Manager ***Attachments Included Nov. 17, 2011 City Council Meeting Please Print Name Name Name 1 iN/\_\ ti --`IJL ...vim 18 35 2 / c7 5 i('((-'() 19 36 3 Al .G. .- D 20 37 4 21 38 5 22 39 6 23 40 7 24 41 8 25 42 9 26 43 10 27 44 11 28 45 12 29 46 13 30 47 14 31 48 15 32 49 16 33 50 17 34 51 4. southburlington PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: South Burlington Planning Commission Paul Conner, Director of Planning &Zoning SUBJECT: First Reading of Draft Land Development Regulations approved by Planning Commission DATE: November 21, 2011 City Council meeting The Planning Commission voted on November 8th, following its public hearing, to approve the enclosed series of amendments to the Land Development Regulations and forward them to the City Council for consideration. The Commission discussed and reviewed these amendments over the course of twelve(12) meetings during 2011. The vote to approve was unanimous on all items. Below is a brief description of each of the proposed amendments. The numbers correspond to each of the items in the enclosed draft amendment. Attached as well is a brief summary report describing the relationship between the proposed amendments and the City's Comprehensive Plan, as required by State law. Recommendation: staff recommends the City Council proceed by warning a Second Reading and Public Hearing to consider the adoption of these amendments (suggested date: Monday, December 19th) I: Bonding Requirements This series of amendments would refine the performance bonding requirements to comply with state law and codify best practices within the city. These amendments coordinate with changes in internal procedures as recommended by the City Auditor in the spring. Specifically, the amendments would: (1) Require that public infrastructure bonds be in place for a minimum of three (3) years and a maximum of six (6) years, pursuant to state law. (2) Adjust time for other bonds to all be two (2) or three (3) years (3) Clarify roles and responsibilities amongst staff (4) Require the DRB to determine the final bonding amounts for all bonds (5)Align rules with state law. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com VII: Transit Relationship to Zoning These amendments would create a stronger relationship between land uses and public transportation. Included in the amendments are the establishment of a Transit Overlay District, which would prescribe that certain land uses may be placed within % mile of a transit line, regardless of whether they are generally allowed in a particular zoning district. Several land use categories—hotels, medical offices, social services, congregate care facilities, extended stay hotels, and skilled nursing facilities—would be permitted principally in transit-services areas. Additionally, offices would be prohibited in non-transit-served portions of the R7 and R12 zoning districts. VIII: Conditional Use Standards These amendments would create consistency between State law and local regulations, as required by the 24 Chapter 117 amendments of 2003. IX: Nonconformities These amendments would create consistency between State law and local regulations, as required by the 24 Chapter 117 amendments of 2003. Included among these is the establishment of standards for adjustments to a"nonconforming lot or parcel". In addition, minor clarifications within the LDRs would be enacted. X: Units in a Structure These amendments would establish maximum numbers of dwellings units that may be in a structure in lower-density residential zoning districts, specially, the R1, R2, QCP, and residential SEQ subdistricts. At present, while there is a maximum density in these districts, there is no limitation on the numbers of housing units that may be within a particular structure. These amendments would complement a similar amendment that limited the number of housing units within a structure in the R4 district to four(4). XI: Side and Rear Dimensional Standards This amendment would establish a minimum setback for principal structures in PUDs adjacent to residential zoning districts equal to the minimum allowed in that adjacent district. In effect, it would require a"mirroring" of whatever setback is required for the adjacent property XII: Use Changes In addition to items noted under"transit-relationship to zoning, "these amendments would adjust the table of uses as follows: (1) Allow places of worship to be reviewed as "permitted uses" rather than "conditional uses", as required by state law. (2) Allow multi-family housing within the C 1-Auto District (3) Allow Drive-in-Banks within the Cl-Auto District (4) Prohibited retail "retail warehouse outlet" in the I/O District (5) Eliminate the land use category of"clinic, medical, dental, or optical" (6) Amend the table's legend. 3 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading Draft Amendments to Land Development Regulations Key to amendments: Proposed additions are bold and underlined Proposed delet ha e th �-t NOTES FOR CLARITY ARE IN SMALL CAPITAL LETTERS I: BONDING REQUIREMENTS Article 3: General Provisions 3.09 Multiple Structures and Uses E. Occupancy of Principal Building During Construct ion of Another Princ '`' Bceding. In cases where an applicant proposes to construct a new principal building on a to at already has a principal building and then to remove or demolish" exr ing wilding, theapplicant may use or occupy the existing building during construction o < ew principal building under the following circumstances: (1)the existing building is legal for occupancy and use. (2)the applicant shall construct and occupy the new principal g within one (1) year of issuance of the zoning permit. (3) The existing building shall be demo hed an' r yid within one (1) year of the construction and occupancy of the new principal lding. 3 the applicant sh s �'_; ( 4) pp � �� 'mvrde a suitable two year bond or other security in accordance Section� 15 of these Regulations for the cost of demolishing or removing the:, buil ` ' 4 3.12 A ration of ExistingGrade B. dards and Co cbtions or Approval. (2) Development Review Board, in granting approval may impose any c deems necessary, including, but not limited to,the following: (a) ration or phasing of the permit for any length of time. (b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the operations, including grading, seeding and planting, fencing, drainage, and other appropriate measures. (c) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure compliance with the provisions of this Section these Regulations. (d) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. 1 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading her findings within thirty(30) days, in writing, to the Administrative Officer with a copy to the subdivider or developer. In the event deficiencies are found and are not remedied by the subdivider or developer, within two (2) weeks of receipt of notice, or within an alternative period of time mutually agreed upon by the Administrative Officer and the subdivider or developer after receipt of notice,the Administrative Officer shall notify the holder of the surety and take all necessary steps to preserve the City's rights under any performance bond, escrow account, or letter of credit. If all required public facilities and improvements are found to be properly completed, the Administrative Officer shall recommend that the City Treasur lease or close the performance bond, escrow account, or letter of credit in accordance with Section 15.15 of these Regulations. 15.15 Performance Bonds,Escrow Accounts and Letters zo redit. A. Public Facilities and Improvements. s (1) As used in Sections 15.14, 15.15 and 15public facilities and improvements•shall include, without limitation, streets, sidewalks, recreation paths, curbing, water and sewer mains a'n t in dh i es, stormwafr tructure, pipes and catch basins, fire hydrants, parks recrea onal facilities other improvements which are public or are intended tcbecome:public. (2) Before issuancea zoning permit, the applicant, subdivider or developer shall furnish they Wig suitable performance bond, escrow account, or letter of credit in an amount sufficient to cover the full costs of all proposed public facilities and improv ri nd ancilla site improvements and their maintenance for two years after coin rr (3) Ic 11. Suck onds, escrow accounts, or letters of credit shall run until the City Engi deemed the work to be complete in accordance with City approvals and'regulations and for two years thereafter, but in no case for a longer term than three years. However, with the consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter of credit may be extended for an additional period not to exceed three years. If any public facilities and improvements have not been installed or maintained as provided within the term of the bond, escrow account or letter of credit then the amount secured by the bond, escrow account or letter of credit shall be forfeited to the City. 3 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading (3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required by Articles 3, 13 and 14. All other bonds, escrow accounts, or letters of credit shall run for a period of three (3) years. However, with the consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter of credit may be extended for an additional period not to exceed three years. If any required work has not been constructed,installed or maintained as provided within the term of the bond, escrow account or letter of credit then the amount secured by the bonds escrow account or letter of credit shall be forfeited to the City. C. Amount of Bonds. The amount of such bond, escrow account or letter of credit shall be established by the Development Review Board and shall be to: 100% of the estimated project costs for public facilities and improvements.plug 5% contingency; or 100% of the estimated project costs for all other types ofnds requireby these Regulations. The applicant, subdivider or developer shallskilTh'iicesponsibltitt providing accurate cost estimates. Where amounts are not specified by these Regulations,the City Engineer shall review all cost estimates and provide:a recommendation to the The Board may invoke technical review to confirm the accuracy f estimates. • • F £ F 1 e D. Form of Bonds,escrow accounts, and lesteiFikyr,edit. The form of any such bond. escrow account, or letter of credit shall be'ipproved-UA4tity Attorney and City Council and shall include procedurektot the City tone use ofu1ch funds in accordance with 24 VSA & 4464. E. "As-built" const dr ' la all be submitted in paper and digital form to, and approved by, the Ci e 'tne , e release of any bonds, or portions thereof, for the installati, wired ::) 'vements. e• U:' 15 16 geftance of Streetsand Required Public Facilities and Improvements The approval . the Development Review Board of a PUD or subdivision plat or a site plan shall not be Li : d to const ute or be evidence of any acceptance by the City of any streets, easements, water ' sew facilities,Of open space, or other public facilities and improvements sh the subdivision plat or site plan. Final acceptance of all proposed streets and required`u lic facilities and improvements shall be in conformance with steps and procedures established by the City Council and/or appropriate City Commissions and/or Boards. Final acceptance shall not take place until after the City Engineer has determined that required public facilities and improvements have been satisfactorily completed and after all bonds, escrow accounts or letters of credit, other than an amount that may be required to cover maintenance and for guarantee work for a two-year period, have been released or closed. 5 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading 15.06 Review and Approval of Minor Subdivisions B. Final Plat Requirements for Minor Subdivision Approval. Such plat shall conform to the layout shown on the sketch plan and shall incorporate any recommendations made by the Development Review Board. Such plat shall consist of one or more maps or drawings, with all dimensions shown in feet or decimals of a foot, drawn to a scale of not more than one hundred (100) feet to the inch, or not more than sixty(60) feet to the inch where lots have less than one hundred(100) feet of frontage, showing or accompanied by the following ' formation in paper and digital form: 15.07 Master Plan Review and Approval \sue. C. Master Plan Review Process. (3) Master Plan Application.The mast' n shalle insist of one or ire maps or drawings, with all dimensions showy ",'' or ' s of a foot,drawn to a scale of not more than one hundred(100) ' he inch where lots have less than one hundred (100) feet of frontage, showingaccompanied by the information listed below in paper and\di2ital form. The ap cant shall submit complete preliminary site plan or pre lat applicatio k nsistent with the master plan application for any area o r phasew ch approval is sought simultaneously with the mast la 15.08 Major Subdivisior v pproval Procedure \ A. Preliminary P a ,Applica `� . After class i ic ;;ion of the proposed subdivision as a major subdivision ' six( °' months of the; eting on the sketch plan, the applicant shall file an application forgyp' ary plat with the Administrative Officer. The preliminaryplat application shall cons ' one or more maps or drawings, with all dimension b- t or de of a foot, drawn to a scale of not more than one hundred (100) f _'o the inch;"'(' more t y(60) feet to the inch where lots have less than one hun w 00) feet of front e, showy or accompanied by the following information in paper anddi orm: D. Final ,Application. The final plat application shall consist of one or more maps or drawings, with at e; ns shown in feet or decimals of a foot, drawn to a scale of not more than one hundred et to the inch, or not more than sixty(60) feet to the inch where lots have less than one Ondred(100) feet of frontage, showing or accompanied by the following information in paper and digital form: 15.09 Final Plat Recording B. Submittal of documents required. Endorsement shall not take place until all required plats, construction drawings, , and supporting documents have been submitted 7 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading Height. The vertical distance of a building measured from the average preconstruction grade level at the base of the building to the highest point of the roof if the roof is flat or mansard, or to the average level between the eaves and the highest point of the roof if the roof is of any other type. Height calculation of a building shall include rooftop apparatus such as solar collectors, chimneys, spires, towers, elevator and mechanical penthouses, air conditioning equipment, water tanks, satellite dishes,radio and television antennas, and similar projections, except as set forth in Section 3.07 of these Regulations. Chimneys (as defined in these Regulations) for residential structures shall be exempt from the height limitations. Hermit of a structure that is not a building shall be measured from the average preconstructon grade level at the base of the structure to the highest point of the structure. Story. That part of a building above ground level between aibekand th next above. If there is no floor above it, then the space between the floor foof or c i . ext above it. Story shall include basements and not cellars. An intermediate floor between t d ceiling of any story shall be deemed a mezzanine and not M ` 4' x ounted as a storyless the total of all mezzanine areas exceeds five thousand squ eet (5 aSF) or one th d of the area of the floor immediately below it, whichever is less. ." A basement shall be considered as a st_, where the finish'edsrface of the floor above the basement is: (1)More than four(4) feet a *" he average pii n ruction level of the adjoining ground, or(2)More than twelt (�)f;�ab a the per-construction ground level at any point. (1) Roofline story. A{tor+r oose finishes floor is located at or above the principal roofline of a building. (2) Story Below Roo A e ed floor is located below the principal roofline of a builds , (3) S>u y Facing t. A S i Below Roofline that faces an existing or planned private or pubic eet. A stay shall be considered to face an existing or planned ante or public •street if airy point along the side of the building most closely na'rall such street„ exposed by more than four(4) feet. (4) Total St` " . Thesum of all stories in a building. Article 3—Genera Provisions 3.07 Height of Structures A. General Provisions. Structures in all districts shall comply with the height standards presented below in this section. Maximum allowable building heights are illustrated in Figure 3- 1, Height of Structures. 9 • South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading • •subjec<o the pro • Article 14, Conditional Usc Review. (2 1) R1, Rl PRD, R1 Lakeshore, R2, R4, R7, R7 NC, and R12. (a) For applications rderring f}RB review, the Devel ent-Review Board all side yard setbacks shall be increased by o (1/2) oo - - - • :- - - - . .- _ • • elevations and architectur design of the struc` ',: re construction grade, post • (c) Rooftop aratus, Chimneys, Co A• unic-ationsTo�er� e , etc Rooftopparatus,n .defined under Heights in these Regulations.and steeples for p f worst that are taller t an normal height limitations such as a� • _at are to erthan normal height limitations established in Table C-2 . above mayb4appro d by the Development Review Board as a conditional use subject to the` rovisions of Article 14, Conditional Uses. Such structures do not (a 2) R12 , :`, PR, MU, C1-R12, C1-R15 Cl-Auto, Cl-Air, Cl-LR, AR, SW, IO, C2, Mixed IC, R, and AIR-IND Districts. (a) The Development Review Board may approve a structure with a height in excess of the limitations set forth in Table C-2. For each foot of additional height eve the a rt (40) of m roof structures and thirty s, all front and rear setbacks shall be increased by one(1) foot and all side yard setbacks shall be increased by one half (1/2) foot. 11 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading B. Notifications. Pursuant to 24 VSA 4464(a)(3), the applicant shall be required to bear the cost and responsibility of notification of adjoining landowners. The applicant shall be required to demonstrate proof of delivery in the form of a listing of all recipients and their addresses, supported by a sworn certificate of service. V: USE DEFINITIONS Article 2—Definitions 044. 2.02 Specific Definitions • , • • Nursing Facility. v Place of worship. A building or structure, or .o or structures, which by design, construction, or use are primarily tended for F conduct f organized religious services and associated accessory usekAlOalsoinclude usef facilities for indoor or outdoor recreations community center, ort# non-residentialcildkcareas accessory uses. 40 Research facility or labo,, t or other facility for carrying on basic and applied researc o the natu ysical, or social sciences, or engineering and development as an extensi _ ion wi objective of creating end products; and including any educative 'l activitiesassociated wit accessory to such research; but not including a medical offictal, optical, orveterinary Rpnic, or a research facility or laboratory located on the principal' ',of a health oFilucatiorial facility. 79, Recreation fa ty, outdo . A commercial establishment designed and equipped for the organized or uno r e„ . nduct of sports, leisure activities, and other recreational activities wholly or partially •,__, ®e of any building or structure. Fields, trails,bodies of water, or other land may be used for ecreational purposes. Where permitted, structures may include swimming pools, tennis courts, skating rinks, playground equipment, storage and accessory buildings, similar facilities, and accessory uses such as snack bars, pro shops and locker rooms. Examples of outdoor recreation include but are not limited to public and private golf courses, clubs, swimming pools, tennis courts, ball fields, ball courts, driving ranges, miniature golf courses; amusement-parks, skateboard parks, and go cart tracks, and other similar unenclosed recreation activities. 13 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading between use 8 945 and use 853 is the primary purpose of the use. The primary business of Gasoline/Service Stations with Convenience Markets is the fueling of motor vehicles, although they may also have facilities for servicing and repairing motor vehicles. Generally these uses are operated by gasoline companies. For Convenience Markets with Gasoline Pumps the primary business is the selling of convenience items. Generally they are operated by companies other than gasoline companies. For Convenience Markets with Gasoline Pumps (Use# 853) ITE gives PM peak hour generation rates for two independent variables: Vehicle Fueling Positions and 1000 SF Gross Floor Area. Only average rates are given for these two variables. The Gross Floor Area has a slightly lower standard deviation(58% of the average as co to 65% for the Vehicle Fueling Positions), and is therefore the recommended variableor thi se. This is also logical because the sale of convenience items is the primary busm his use. For Gasoline/Service Stations with Convenience Markets the oppos "is t e Vehicle Fueling Positions is the recommended variable. In some cases the Dev .ment R v Board may require the use of more than one independent variable. In ` , • shall use the p °cues the app worst-case calculation. VII: TRANSIT RELATIONSHIP TO ZO ,, G • Article 10—Overlay Districts 10.04 Transit Overlay District(TO) A. Purpose. It is thwptir)trseI4t the Tran4 Overlay'District to provide for a safes compact, and of icient la a" se patternpatternthatsupports regular fixed-route transit service, pedestrian"°and bi cle infrastruet t e. Certain land uses may be permitted only within the tt ak or be permitted outside the District subject to conditions. Othecentives or requirements that complement a multi-modal enn y also ow-established. � shed. B. e'omprehensi "` n. Thes rc ulations hereby implement the relevant portions of City of South 1lingto• rs adopted Comprehensive Plan, and are in accord with the set forth herein. C. Bound s of theTransit Overlay District. The Transit Overlay District shall includes' reas: own on the Overlay District Map. D. Permitted a ;Conditional Uses Any uses listed within Table C-1, Table of Uses, with a Transit Overlay District requirement shall only be allowable within the Transit Overlay District. (1) A use shall be considered to be located within the Transit Overlay District when all portions of a principal building leased or owned by the use in question are within the boundaries of the Transit Overlay District. (2) A use shall only be allowable where a public sidewalk or recreation path connects the use to a public roadway identified as a transit route on the 15 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading IX: NONCONFORMITIES Article 2—Definitions 2.02 Specific Definitions[note, the following definitions are drawn directly from 24 VSA Chapter 117) Nonconforming lot or parcel. A lot or parcel that does not conform to the present Regulations covering dimensional requirements but that w 14 conformance with all applicable laws, ordinances and regulations prior to the enactmentft resent bylaws, including a lot or parcel improperly authorized as a result of error by th istrative officer. • complying structures shall be as defined in 24 V S A, Section 4 03: Nonconforming use. A use of land that does not OW44 to the resent bylaws but did conform to all applicable laws, ordinances, and regulations prior ent of the present Regulations, including a use improperly authorized as a re f error by the administrative officer. nt Nonconformingstructure.A�.,, e or part off structure that does not conform to the present Regulations but was i .confo` ;^with a l applicable laws, ordinances, and regulations prior to the enactment of the p-e s, yla ,riuding a structure improperly authorized as a result of error 1 administrative officer , Nonconformity. A o1 conforming se, structure,structur4,14, or parcel. A Article 3 Generalrovision 3.11 Npnconformities Conforming Uses and Non Complying Structures and Lots A. General Provisions 'hese provisions shall apply to all nonconforming uses. structures, lot ` nd parcels: B. Continuance and Restrictions. (1) Any lawful structure or any lawful use of any structure or land existing at the time of the enactment of these regulations may be continued, although such structure or use does not conform with the provisions of these regulations, provided the conditions in this Section 3.11 are met. (2) A The nonconforming use may be continued provided that such structure shall not be enlarged or extended unless the use therein is changed to a conforming use. 17 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading being altered. Notwithstanding the foregoing, within the CD1, CD2, CD3 and CD4 zones, nonconforming structure shall not be altered by increasing the height or increasing the footprint, or otherwise increasing the square footage of the building or structure. The Development Review Board may approve an alteration that results in an aggregate cost that exceeds thirty-five percent (35%) of the current assessed value of the structure being altered and/or which involves an increase in the height or the footprint, or otherwise an increase in the square footage of the buildin• g structure,provided all of the following criteria are met: (a) an application for alteration involves an incr in the amount of building square footage located within a designated building env'' e, (b) the alteration does not exceed in aggrel -cost one dred percent (100%)of the current assessed value of the t being a� i Alternatively, if the alteration involves reducing the degree of nonconformity b moving building square footage that is consider nonconforming (i.e., dos ®`1'„playing setback requirements), the alteration shl'not ex one hundred enty-five percent (125%)of the current assessed va ; e structure being altered, and (c) the application for alteration involves improvements, such as site improvements, which theDevelopment Review Adf Ids to be in conformance with the goals of the Comp Jan for the S Sou i :urlington City Center. 'x :� g No� Com1�E. Alterations to Facades and Exterioit,, in es o nformin -ten Structures. Alterations to f.cad ..and fi exterior shes sha of be subject to the twenty-five � z percent (25%)or thirty ` .er 35%) limitations described above. However, City Center Design Review Overl istrict regulations shall` Ely, See Article 11, Section 11.01. F. Damage toNY, on `ming Structures. (1 @� nonconformingstructure damaged by any means to an , extent ` at _ than t-,, cent (50%)of its current assessed value shall be Ate,„ ,a permitted t reconstructed only if the future use of the structure and the land on • which it is 1 a ated is in conformity with these regulations. (2) non-eel nonconforming damaged by any means to an extent less t fty pa that.,-- ; cent (50%)of its current assessed value, may be rebuilt provided n (a) The resumption of any nonconforming use (if any) takes place within one (1) year of the time of its interruption. (b) The cost of such reconstruction or structural alteration is less than fifty percent (50%)of said fair market value. (c) The reconstruction or structural alteration is commenced within six(6) months of the date of interruption and completed within eighteen(18) months of the date of interruption. 19 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading I. Unlawful Use Not Approved or Authorized. Nothing in these regulations shall be interpreted as authorization for or approval of the continuance of the use of a structure or land in violation of zoning prior to the effective date of these regulations. J. Unsafe Structures. Nothing in these regulations shall permit the use of any portion of a structure declared unsafe by a proper authority nor the continuation of a condition declared to be a health hazard by an appropriate authority. K. Nonconforming Lots or Parcels. 4e (1) See Section 3.05 ebeve for pre-existing small lots. , (2) The boundaries of a lot or parcel that is noncon mg 07441 reason other than for being a pre-existing small lot may be aIteiiiit in a Miiier that decreases its decree of nonconformity. L. Nonconforming Use of Land with No Struct nstructure is involved, the non-conforming use of land may be continued, provided (1) Such nonconforming use shall not be enlarged•o reased, nor shall it be extended to occupy a grea „ of land than oc by such use at the time of enactment of these Regulati , (2) The lot on which such noncom r ` d shall not be reduced in size. (3) Such nonconforminguse shall n be move whole or in part, to any other portion(*.the'lo-titOrcellot of lan occupied by such use at the time of enactment of the t latio " w (4) If such no , o r any portion thereof ceases for any reason whatsoever �4 hun e - y(120) consecutive days or for a total of six (6) a one eriod, any future use of such land shall be in compliance ' witvisions o „'' Regulations. Article` Residential Di t ricts 4 10 4.08 Queen � �ark District QCP F. hlon comply g•Nonconforming Structures. Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.11, ` d rt and lots nonconformities, and to . Non complyingthe following requirements and restrictions: (1) Any complying nonconforming building-Or structure may be altered provided such work does not: (a) Exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for nonresidential properties of 21 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading X: UNITS IN A STRUCTURE Article 4—Residential Districts 4.01 RESIDENTIAL 1 DISTRICT - R1 F. Planned Unit Development. (1) For lots within the Residential 1 District that are five (5 reaV size or more and designated"Rl-PRD" on the Official Zoning Map, a.Planned Unit Development may be permitted at a maximum of four(4) units to all applicable provisions of this section and Article 15. Multi ilv wel n s shall be limited to a maximum of four(4) dwelling units per s cture (2) For lots within the Residential 1 Distri, at are five (5) acres in '; more and designated"Rl-Lakeshore"on the 1 Zomn ap, a Planned 'nit Development may be permitted at ma' o n(7)units per acre subject to all applicable provisions of this section Article 15. Multi-family dwellings shall be limited to a maximum of six(6) d welling units per structure (3) For lots of any size within th 'eside l istriet t iat are designated"R1- Lakeview on the Official Zo ' g , a f' nit Development may be permitted at a um of thre units pefcre subject to all applicable provisions of s ` tion and Article 15. Multi-family dwellings shall be limited to a m \ um of three(3) dwelling units per structure G. Additional Standa dwelling units shall be subject to site plan review, as per Article'f4, and, except=as stated in subsection 4.01(F) of these Regulations, 1 be hmite to a maximum of four(4) dwelling units per structure. 4.01 RESIDENTIAL 2 TRIC - R2 F. Planned 1pit Development. For lots within the Residential 2 District that are five(5) acres in sizeo , a Planned Unit Development may be permitted at a maximum of four (4) unify-:, acre subject to all applicable provisions of this section. Multi-family dwellings shall be limited to a maximum of four(4) dwelling units per structure G. Additional Standards. Multi-Family dwelling units shall be subject to site plan review, as per Article 14, and, except as stated in subsection 4.02(F) of these Regulations, shall be limited to a maximum of four(4) dwelling units per structure. 23 South Burlington City Council Land Development Regulations Draft Amendments for 11-21-2011 First Reading XI: SIDE AND REAR DIMENSIONAL STANDARDS Article 15—Subdivision&Planned Unit Development Review 15.02 Authority and Required Review A. Authority (3) In conjunction with PUD review, the modification of these Development Regulations is permitted subject to the conditions and standards ` his Article and other applicable provisions of these Regulations. 1 ;r 01 Notwithstanding section 15.02(A)(3), however, f ing stan , shall apply to all PUDs: P with the exception of side yard setbacks-,-,. ..Centralistrict 1 in no„A. shall the DRB permit the location of a new structure less \ fiveY feet from any property boundary, and, in no case shall the DRB permit cation of a structure not in compliance with Section 15.03(D) �In no case shall be the DRB allow, • d development creating a total site coverage exceeding the allowable limit for the ap" b zoning district in the case of new development, or increasing the cover e one. - 'Pre-existing condition exceeds the applicable„,', .t or j In no case shallt e b 'permit the 1 ation of parking not in compliance with Section 14.06 fli (2). ' (4 5) Pursuant to t s th- BurlingtonDevelopment Review Board shall have the further authorityto ark '` %s' � �� prove with modifications, or deny a Master Plan r, we conjunction with a P D. A Master Plan shall be a binding sub-part of a PUD appro' x shall n�' construed as a separate land development review ocedure from e PUD pro res set forth in this Article. (5 6) modification b ` ,e maxi rium residential density for a zoning district shall be permitted only as provided in the applicable district regulations and/or for the provision of affordable housing pursuant to Section 13.14 of these Regulations. 15.03 Allowed Use , nsities,and Zoning Boundary Adjustments and Perimeter Setbacks A. Uses Allowed. In any application for PUD review, all uses allowed as permitted or conditional uses in the underlying district(s) involved in the application shall be deemed to be permitted uses and a separate conditional use permit or permits shall not be required. B. Density. 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'T T G j!,- • , c ' Eo = 3 cgs = - = = = = 2c4a , o '' sF- 2x $.v, o ' 2 < < < 0 X 5 z t W C — N M 7 Q C n U Q J Q J J Q < — !ma PLANNING & ZONING South Burlington Planning Commission Proposed Land Development Regulation Amendment Report Public Hearing Scheduled for November 8, 2011 In accordance with 24 V.S.A. §4441(c), the South Burlington Planning Commission has prepared the following report regarding the proposed amendment to the city's Land Development Regulations. Brief Description of the Proposed Amendments The South Burlington Planning Commission will hold a public hearing on Tuesday, November 8th at 7:30 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendment to the South Burlington.Land Development Regulations: 1. Amend city performance bonding requirements; 2. Establish requirements for submission of materials in digital form; 3. Adjust standards for heights of residential buildings and buildings in residential zoning districts; establish standards for numbers of stories; 4. Establish a Transit Overlay District and adjust permissibility of transit-related land uses in various areas; 5. Clarify conditional use standards to be consistent with state law; 6. Clarify standards for nonconformities to be consistent with state law; 7. Adjust or establish maximum numbers of units in a structure in the R1, Rl-PRD, R1- Lakeshore, R1-Lakeview, R2, and SEQ districts; 8. Modify setbacks for Planned Unit Development side and rear perimeters; 9. Adjust setbacks for multifamily in the R2 district for consistency with other uses; 10. Modify table of uses related to multifamily housing and drive-through banks in the Cl- Auto district;retail warehouse outlet in the I/O district;places of worship; and clinic. 11. Generally amend definitions and tables for clarity and associated with proposed amendments; and, 12. Complete technical corrections. Findings Concerning the Proposed Amendment The proposed amendments have been carefully considered by the Planning Commission over the course of several meetings for their consistency with the text, goals, and objectives of the City of South Burlington's Comprehensive Plan, last adopted March 9, 2011. The proposed amendments are compatible with the goals and policies of the Comprehensive Plan. Specifically: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com more land uses to be located within walking distance of transit service, which in turn reduces need for autos. The following amendments include map changes: • Establish a Transit Overlay District. The proposed amendment is consistent with the Comprehensive Plan. The amendment consists of creating an overlay zoning district that generally borders fixed route transit service within the city. The overlay district will serve to incent and require certain land uses to be located within walking distances of transit service in the city. These amendments are consistent with Comprehensive Plan goals related to land use patterns, as noted above, and to creating equal access opportunities for all income levels and abilities. CITY OF SOUTH BURLINGTON,VERMONT RETURNED CHECK POLICY I. Policy Objectives The primary objective of the City of South Burlington's returned check policy is to ensure the taxpayers of the City do not incur additional costs and expenditures due to the wrongful or accidental action of an individual taxpayer,resident, or other individual paying for services who issues an improper check or money draft. This policy also specifies that any fees or fines for a returned check shall be charged to the check issuer along with a city fee to cover our expenses. II. Definitions "Refused or returned check" shall mean a check or similar sight order Automated Clearing House(ACH)for the payment of money which is not honored by the drawee(bank or financial institution). III. Procedures 1. All refused checks shall be requested to be returned to the City Treasurer and the bank or financial institution shall be requested to not attempt to automatically collect on a returned check. Upon receipt of a returned check from a bank or financial institution, the City Treasurer or his/her designee shall determine if the returned check can be re-deposited. 2. If the refused check is for payment of property taxes and the amount remains unpaid by other means prior to the tax installment date, then the tax collector will add penalty and interest for a late tax payment. 3. If the check is refused due to reasons other than insufficient funds,then the City Treasurer or his/her designee shall forward a letter, certified return receipt,telling the issuer to satisfy the debt by tendering cash,money order, or certified funds for the amount due. This letter shall include a requirement that the replacement payment shall be received at the City's offices no later than ten (10)days after the mailing date of the letter. 4. If the check is refused due to insufficient funds,the City Treasurer shall call the bank or financial institution to determine if there are sufficient funds to redeposit the check. If there are sufficient funds,the City Treasurer or his/her designee shall redeposit the check into the City's bank account, or take the check to the bank or financial institution of issuance,if it is a local institution,to collect the funds in the form of a check and to deposit the check into the City's bank account. 5. If the refused check has already been returned by the bank two times and there still are insufficient funds or the check is not eligible for redeposit, then the City Treasurer or his/her designee shall forward a letter, certified return receipt,telling the issuer to satisfy the debt by tendering cash,money order, or certified funds for the amount due. This letter shall include a requirement that the replacement payment shall be received at the City's offices no later then ten (10)days after the mailing date of the letter. 1 Council signatures: Sandra Dooley, Chair Meaghan Emery,Vice-Chair Roseanne Greco-Clerk James Knapp Paul Engels 3 CHANTS BANK SFER AGREEMENT GENIC FUNDS 'TRANSFER rlin on(hereinafter t Bank ELECTRONIC of South Bu Merchants MUNICIPAL the CI and severally), and Transfer entries as "Agreement")is between jointlyElectronic Funds Agr ed, each j sever Agreement (the than initiation. led This A °fo he delivery of mi o "Principal") cif called moreank") for (hereafter called described below. 11 have the meanings provided in the Certain Definitions s shall"action capitalized term ise defined herein,cap Unless otherwise olds Operating Rules. , minus all t Balance�' open for business,in �,,rrer, Bank.is Funds Balance" means the" office of B Electronic "Available B" which the main which Bank may initiate an means dayduring es d of the Bank, during"Business Day„m c t-off times the books with specifiedt shown°nspecific date accordance ant Acc° of the Bank as of a Transfer. of the Settlement books s the balanceposted on the "Current Balance mean withdrawal items p all deposit and withdr older has a which Account H including ee with whi thTOugh Electronic Funds and time. consumer,or employ » means any business,bit or credit to their bank accouil "Customer" to initiate a account in accordance written agreement Customer's Transfer' debit or credit Clearing house bankAssociation count(the Transfer" means a Automated Funds of the National A "Electronic Operating Rules Rules Ard shall also mean with the p the Operating repares Entries "NACU') meaning provided infr°n1 which Bank p " shall have the Account "Entry or Entries the Account"older to the Bank presently available to provided by ce which is not p the data p Current Balance or regulations. Funds, amount°f the laws,rules,policies, d Uncollected "hold"means ntan applicable bank aired Reserves an "older pursuant to apP e less Required d „means the Current Balance ant period. calculated during the statement"Investable Balan s Credit is C"A. on which Earning means the Operating Rules of the NA be kept on deposit at deposits required to Rules" mea Bank's dep unavailable to Bank"Operatingpercentage of B ent Account is means the P e o f the Settlement"Required Re Reserve Bank. This percentage er apes"of earn Earnings Credit. "older with Bank ant and Account the Bank in the Federal R investment older for in deposit account of approved by Account must Account H Municipal dep Application andA Settlement r with means the Services App .initiated.Account Funds Transfer S "Settlement the Electronic Fun Funds Transfers will be ini identified from which all Electrons F'in writing or to the date Account 5 days prior a 1 recommends that,at least five(5)Bank strongly an Entry,Account Holder send to Bank �°ant notification the b) or Entries t Holder wishes to initiateEntz.), provided to the Bank that it intends to initiate an °° renotification")• Such Prenotification shall be ("Prenotification"). P the Bank. Depository format specified by each Prenotification to the appropriate Receiving shall provide specified, Bank FI")• If Account Holder receives notice that such FI within the period of time sp Pr Financial Institution("�rejected by the RD corresponding time s such Account Holder has been rej agrees that it will not initiate any FI cause for rejection has been corrected and another accepted by the Customer's account until the submitted and Prenotification has been Entries unless Bank all transaction inputAll Entry the Account Holder. The Bank Account Holder shallo delivere Bank andunt the Bad' c) agreed upon Y format requiredmeet these otherwise which does not information shall be nototiprocess any Entime to t these reservesquimen right to p uirements,which may be amended or altered from requirements, Entries initiated by the HA or any RDFI that any ed and initiated by the e. notification aromNAC Ban k ropria e no d) Upon n rejected,Entries will be return other Account Holder have been rej Entries. Account or debited to Account Holder's SettlementCted nd returnedEntries or otherwise credited with respect to such rejected said Holder is responsible responsibility and resubmitting is responsible for remaking handling the transactions. by Account Holder shall be t Holder agrees that Entries submitted e) Accoun of the Account Holder. effective as an authorized Entry tea by Account Holder in ale accordance with this All Entries shall be imtia Operating R fl Agreement and in accordance with the Op Bank or other PDFI as defined by Entries will be made only in accounts held at 0the Operating Rules. Account Holder for processing initiated by the h) If the amount a debit Entry range of amounts for such that of the preauthorized amount differs t Holder,the debit entry may not be processed. Accoun Holder shall send to debit Entry processed,Account to have such a written notification of the to be debitedh°the In order to Bank,a is schedule Entryuttomnd with a copy which such Entry Such notice shall be provided no less than three ded to be 3) and the date on or after such Entry is business days prior business days to the date on or after which debited to the Customer's account• such amount is not received is scheduled int be debited,the Bank will If an objection by the Customer Entry the debit Entry by Bank prior to the date be processed. permit the debit Entry 3 provided such request complies with the Operating Rules, Customer's vecount, Account have no liability if such cancellation is not effecte Holder, but shallAccount respect to each and even Entry initiated by each Entry is for a sum due and owing to n) With elied with Holder represents and warrants that(i) Rules,including Holder or the Customer,(ii)the Accoun�h°pperatangomp Account Agreement and by iii each Entry is timely, requirements compliancewith allea plon this e se procedures,(iii) setc forth in the Operating applicable accordance security r ared in accordance with instructions authorized and p is that the effective date for debi credit Entries t e5 is at is at t aut the requirements Rulese including and the effective date in advance, the authorization Entry has one(1)two Business Day Days in advance,(iv) au eachoauthorization Entry for suchs the Beneficiary, information necessary to enable least (2) Hated by (vi)each Entry not been revokedountor terminated Operating Rules, correct account number of the Customer and of the Open Federal, State or local 1 with the requirements violate any the Bank to comp Y no way fund transfers,F including the shall be in compliance with and tolelectronic statutes or regulations pertaining lation E. Electronic Fund Transfer Act and Regu is a and warrants that the Settlement that Accountrm isi definedbusinessn o) Account Holder represents account and that Account anon E. not a"consumer" the 12 CFR§205.2(e) of Regulation Agreement, i at Account breach of any of the warranties contained in this � attorney p) In the t Holder a and hold the Bank harmless,r sl at Account agrees to indemnify claim, demands,actions, Accountexpense, ass negligence or willful againstclaim, Holder's sol any fees, except for losses solely attributable to the Bank s gross misconduct. d of the acknowledges the right of Customer to obtainaa refund to the Account Holder ackn Customer sending q) funds debited from Customer's account by days after the debit Entry is days after Customer receives their made. ThisC Customer' shall sent within forty-five n the Entry, The notice must identify that the amount made to Cta to statement, t comes of the error,and requestagrees to state that errored and the nature account. Account Holder state an occurred of the debit Entry be credited to Customer's disbursed in error. promptly reimburse Bank for all fun Entry describes the Receiver agrees that,if an transmitted Rei Receiver es and agr eft of the Entryon Account Holder name and number,payment in the case Enry r) name and madeadam the FI or Bank, person by inconsistently by might be byanon to pay Bank to the RDnumber even if it identifies a and that Account Holder's obligation the Bank,on the basis e the account different from the named Receiver, the Entry to Bank is not excused in such circumstances. the amount of rom a re-approved account 's a Online Banking Payment for service e Holderl be debited automatically on the B f Municipalof fees for Banking s) to the schedulen Fee held byis the Account as Online Banking g s Appl rendered under Fees will be mca nt ased disclosed fees are in addition to any this Agreement disclos The the Municipal rendered Schedule,attached heretoritl Sbeing paid' and service charges curt Y 5 provisions of Section 3(i),in the event there are insufficient (w) In addition lno the general obligation iiable funds in the Settlement Account to be deemed to be a Holder's obligations available e of the fall under this Agreement,such deficiency shalla pledge of the Account Holder,the payment of which is secured by p and credit of the Account Holder. Such deficiency shall be deemed to be a faith provided in 24 VSA 1523(c) and 1786, current liability and a current expense as and shall be payable upon ten(10) days advance written notice from Bank to Account Holder. Section 4. Acknowledgments, Responsibilities, and Liabilities of Bank Account Holder by telephone or electronicn later than transmission n B of the a) Bank shall not u ed Entry from the ACH Opera s receipt of a returnedDay after the Business Day of such receipt. Account Holder of all notifications of change received by Bank b) Bank shall notify related to Entries transmitted by Account Holder by mail no later than five(5) business days after receipt thereof. Bank will for acts of gross negligence or willful breach of duties by Bank, B c) Except matters related to this Agreement, not be liable to Account Holder for any consequential, special, or punitive including without limitation lost profits or conseq +;^„ damages,inaccuracy,or delays in transmission of information. d) As set forth in UCC Article 4A, Account Holder agrees to notify Bank immediately upon discovering an error in transmission,suchuresponsibilityduplicate upcte or for any as the ODFI, which inaccurate transmissions. The Bank, Receiver. If the Bank transmits an Entry transmissions sent to the wrong eater than, or less than Account Holder's Pmarsa�Ph c) of this Section 4, isns,the Bank will be greater as limited by considered liable for damages, required to review their resulting from such action. Account Holder is to determine, on the basis of was executed erroneously. Account the transmissions for error and exercise ordinary not to exceed Holder information adviseeiBakle,o f anyyerro entry was a reasonable time, must Bank of ninety(90)days from the date of such error. if such failure or to act and for delay in acting e) Bank shall be excused from failing tion of transmission or delay is caused by legal constraint,interrup communication facilities, equipment failure,natural disaster,emergency Bank's control. conditions, or other circumstances beyond conditions contained in From time to time Bank may amend any of the terms and fl any cut-off time, any Business Day. this Agreement,including without limitation, Account e Such amendments shall become effective stated in Bank's notice to Account Holder.ffective upon receipt of notice by Holder or such later date as may Section 5. Joint Acknowledgments and Representations 1 with the Operating Rules amended a) from time Holder and Bank agree to comply willasa deliverred to time. Upon request of Account Holder,Bank promptly 7 • this Agreement without the prior written a not assign all or any part oft Holder may ly consent of the B�' to enter into warrants to the other that it is authorize Each party represents and of its k) this Agreement partially exercising any art of the Bank in exercising or p The rem on the p constitute a waiver thereof.xclusive,but shall be 1) No delay or rights shall C an shall not be deem options,p°Wers, remedies in favor Of the Bank provided herein in favor of the Bank P ve and shall be in addition t0 all other curnulati existing at law or in equity. prohibited or unenforceable in any extent of such of this Agreement that is prohi the e provisions be ineffective t°the Any provision jurisdiction, the rem shall not m) shall,as to such jtm any jurisdiction jurisdiction enforceability without invalidating prohibition or unenf orceabilitin y other jurisdiction. prohibition Or such prole rovision hereof,and any enforceable such p orate Edition,to invalidate or render un o f the ACH Rules Book,Core Bank will supply an updated COPY n) annually,upon request. corporation, Account Holder,ann municipalVermont. The Accountorganized Holder is a owledge that o f the State of V erm on its o) The parties ackn as a political subdivision fficers executing this Agreement ebe g contained in ( Account and existing Holder represents that the°evidence of such authorityattached hereto and made Account duly authorized to do islative body behalf areO f the Account Holder's leg the resolution Ce with all public bidding, a part hereof. liarwith 11 comp and resents that it is in laws Account Holder rep Agreement,and that all regulationsmatters ore duly investment and contracting (P) eitt,deposit' acceptance of this Agr occurred at one or m procurement, royal and Agreement have occ la of the respect to its ea open meetings of the legislative body relating o the an conducted P s Agr called,noticed and Account Holder. Section 6. Signatures Account Holder Date: Name: Donna Kinville (Please Print) Signature.. Title: Clerk&Treasurer 9 MERCHANTS BANK MUNICIPAL ELECTRONIC FUNDS TRANSFER AGREEMENT This Agreement (the "Agreement") is between the City of South Burlington —Water Department (hereinafter called "Principal") (if more than one undersigned, each jointly and severally), and Merchants Bank (hereinafter called "Bank") for the delivery of initiation of Electronic Funds Transfer entries as described below. Section 1. Certain Definitions Unless otherwise defined herein, capitalized terms shall have the meanings provided in the Operating Rules. "Available Balance"means the Current Balance minus all Holds. "Business Day"means a day during which the main office of Bank is open for business, in accordance with specified cut-off times during which Bank may initiate an Electronic Funds Transfer. "Current Balance"means the balance of the Settlement Account shown on the books of the Bank, including all deposit and withdrawal items posted on the books of the Bank as of a specific date and time. "Customer"means any business, consumer, or employee with which Account Holder has a written agreement to initiate a debit or credit to their bank account through Electronic Funds Transfer. "Electronic Funds Transfer"means a debit or credit to a Customer's bank account in accordance with the Operating Rules of the National Automated Clearing House Association(the "NACHA"). "Entry or Entries" shall have the meaning provided in the Operating Rules and shall also mean the data provided by the Account Holder to the Bank from which Bank prepares Entries. "Hold"means an amount of the Current Balance which is not presently available to Account Holder pursuant to applicable bank laws,rules,policies, or regulations. "Investable Balance"means the Current Balance less Required Reserves and Uncollected Funds, on which Earnings Credit is calculated during the statement period. "Operating Rules"means the Operating Rules of the NACHA. "Required Reserves"means the percentage of Bank's deposits required to be kept on deposit at the Federal Reserve Bank. This percentage of the Settlement Account is unavailable to Bank or Account Holder for investment and does not earn Earnings Credit. "Settlement Account" means the Municipal deposit account of Account Holder with Bank identified on the Electronic Funds Transfer Services Application and approved by the Bank in writing from which all Electronic Funds Transfers will be initiated. A Settlement Account must 1 b) Bank strongly recommends that, at least five(5)days prior to the date Account Holder wishes to initiate an Entry,Account Holder send to Bank a notification that it intends to initiate an Entry or Entries to a Customer's account ("Prenotification"). Such Prenotification shall be provided to the Bank in the format specified by the Bank. Bank shall provide each Prenotification to the appropriate Receiving Depository Financial Institution("RDFI"). If Account Holder receives notice that such Prenotification has been rejected by the RDFI within the period of time specified, Account Holder agrees that it will not initiate any corresponding Entry to such Customer's account until the cause for rejection has been corrected and another Prenotification has been submitted and accepted by the RDFI. c) Account Holder shall deliver to the Bank all transaction input Entries unless otherwise agreed upon by the Bank and the Account Holder. All Entry information shall be delivered in the format required by the Bank. The Bank reserves the right to not process any Entry which does not meet these requirements, which may be amended or altered from time to time. d) Upon notification from NACHA or any RDFI that any Entries initiated by the Account Holder have been rejected, Entries will be returned and appropriately credited or debited to Account Holder's Settlement Account. Bank assumes no other responsibility with respect to such rejected and returned Entries. Account Holder is responsible for remaking and resubmitting said Entries or otherwise handling the transactions. e) Account Holder agrees that Entries submitted by Account Holder shall be effective as an authorized Entry of the Account Holder. f) All Entries shall be initiated by Account Holder in accordance with this Agreement and in accordance with the Operating Rules. g) Entries will be made only in accounts held at Bank or other PDFI as defined by the Operating Rules. h) If the amount of a debit Entry initiated by the Account Holder for processing differs from that of the preauthorized amount or range of amounts for such Account Holder,the debit entry may not be processed. In order to have such a debit Entry processed,Account Holder shall send to Customer,with a copy to Bank, a written notification of the amount of such debit Entry and the date on or after which such Entry is scheduled to be debited to the Customer's account. Such notice shall be provided no less than three(3) business days prior to the date on or after which such Entry is scheduled to be debited to the Customer's account. If an objection by the Customer to the debit Entry in such amount is not received by Bank prior to the date such Entry is scheduled to be debited,the Bank will permit the debit Entry to be processed. 3 Customer's account,provided such request complies with the Operating Rules, but shall have no liability if such cancellation is not effected. n) With respect to each and every Entry initiated by Account Holder, Account Holder represents and warrants that(i) each Entry is for a sum due and owing to Account Holder or the Customer, (ii)the Account Holder has complied with requirements outlined on this Agreement and by the Operating Rules,including compliance with all applicable security procedures, (iii) each Entry is timely, authorized and prepared in accordance with instructions set forth in the Operating Rules including the requirements that the effective date for debit Entries is at least one (1)Business Day in advance, and the effective date for credit Entries is at least two (2)Business Days in advance, (iv)the authorization for such Entry has not been revoked or terminated by Beneficiary, (v) each Entry contains the correct account number of the Customer and all information necessary to enable the Bank to comply with the requirements of the Operating Rules, (vi) each Entry shall be in compliance with and shall in no way violate any Federal, State or local statutes or regulations pertaining to electronic fund transfers, including the Electronic Fund Transfer Act and Regulation E. o) Account Holder represents and warrants that the Settlement Account is a business account and that Account Holder it is not a"consumer"as that term is defined in 12 CFR §205.2(e) of Regulation E. p) In the event of a breach of any of the warranties contained in this Agreement,the Account Holder agrees to indemnify and hold the Bank harmless, at Account Holder's expense, against any claim, demands, actions, or loss including attorney fees, except for losses solely attributable to the Bank's gross negligence or willful misconduct. q) Account Holder acknowledges the right of Customer to obtain a refund of the funds debited from Customer's account by Customer sending a notice to the RDFI. This notice shall be sent within forty-five days after the debit Entry is made to Customer's account or within fifteen days after Customer receives their monthly statement, whichever comes first. The notice must identify the Entry, state that an error occurred and the nature of the error, and request that the amount of the debit Entry be credited to Customer's account. Account Holder agrees to promptly reimburse Bank for all funds disbursed in error. r) Account Holder acknowledges and agrees that, if an Entry describes the Receiver inconsistently by name and account number,payment of the Entry transmitted by Bank to the RDFI might be made by the RDFI or Bank, in the case of an Entry on the Bank, on the basis of the account number even if it identifies a person different from the named Receiver, and that Account Holder's obligation to pay the amount of the Entry to Bank is not excused in such circumstances. s) Payment for service will be debited automatically from a pre-approved account held by the Account Holder as disclosed on the Bank's Municipal Online Banking Application. Fees will be calculated according to the schedule of fees for services rendered under this Agreement as disclosed on the Municipal Online Banking Fee Schedule, attached hereto as Schedule A. These fees are in addition to any fees and service charges currently being paid. 5 (w) In addition to the provisions of Section 3(i),in the event there are insufficient available funds in the Settlement Account to cover Account Holder's obligations under this Agreement, such deficiency shall be deemed to be a general obligation of the Account Holder,the payment of which is secured by a pledge of the full faith and credit of the Account Holder. Such deficiency shall be deemed to be a current liability and a current expense as provided in 24 VSA 1523(c) and 1786, and shall be payable upon ten(10)days advance written notice from Bank to Account Holder. Section 4. Acknowledgments, Responsibilities, and Liabilities of Bank a) Bank shall notify Account Holder by telephone or electronic transmission of the receipt of a returned Entry from the ACH Operator no later than one Business Day after the Business Day of such receipt. b) Bank shall notify Account Holder of all notifications of change received by Bank related to Entries transmitted by Account Holder by mail no later than five(5) business days after receipt thereof. c) Except for acts of gross negligence or willful breach of duties by Bank,Bank will not be liable to Account Holder for any matters related to this Agreement, including without limitation lost profits or consequential, special, or punitive damages, inaccuracy, or delays in transmission of information. d) As set forth in UCC Article 4A,Account Holder agrees to notify Bank immediately upon discovering an error in transmission, such as duplicate or inaccurate transmissions. The Bank, as the ODFI,warrants responsibility for any transmissions sent to the wrong Receiver. If the Bank transmits an Entry which is greater than, or less than Account Holder's instructions, the Bank will be considered liable for damages, as limited by Paragraph c) of this Section 4, resulting from such action. Account Holder is required to review their transmissions for error and exercise ordinary care to determine, on the basis of the information available, whether an entry was executed erroneously. Account Holder must advise Bank of any error within a reasonable time, not to exceed ninety(90) days from the date of such error. e) Bank shall be excused from failing to act and for delay in acting if such failure or delay is caused by legal constraint,interruption of transmission or communication facilities, equipment failure,natural disaster, emergency conditions, or other circumstances beyond Bank's control. fl From time to time Bank may amend any of the terms and conditions contained in this Agreement,including without limitation, any cut-off time, any Business Day. Such amendments shall become effective upon receipt of notice by Account Holder or such later date as may be stated in Bank's notice to Account Holder. Section 5. Joint Acknowledgments and Representations a) Account Holder and Bank agree to comply with the Operating Rules as amended from time to time. Upon request of Account Holder,Bank will promptly deliver 7 Holder may not assign all or any part of this Agreement without the prior written consent of the Bank. k) Each party represents and warrants to the other that it is authorized to enter into this Agreement. 1) No delay on the part of the Bank in exercising or partially exercising any of its options,powers, or rights shall constitute a waiver thereof. The remedies provided herein in favor of the Bank shall not be deemed exclusive,but shall be cumulative, and shall be in addition to all other remedies in favor of the Bank existing at law or in equity. m) Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall,as to such jurisdiction, be ineffective to the extent of such prohibition or enforceability without invalidating the remaining provisions hereof,and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. n) Bank will supply an updated copy of the ACH Rules Book, Corporate Edition, to Account Holder, annually,upon request. (o) The parties acknowledge that Account Holder is a municipal corporation, organized and existing as a political subdivision of the State of Vermont. The Account Holder represents that the officers executing this Agreement on its behalf are duly authorized to do so, evidence of such authority being contained in the resolution of the Account Holder's legislative body attached hereto and made a part hereof. (p) Account Holder represents that it is in full compliance with all public bidding, procurement, deposit, investment and contracting laws and regulations with respect to its approval and acceptance of this Agreement, and that all matters relating to the consideration of this Agreement have occurred at one or more duly called, noticed and conducted open meetings of the legislative body of the Account Holder. Section 6. Signatures Account Holder Name: Donna Kinville Date: (Please Print) Signature: Title: Clerk&Treasurer 9 southbudington PUBLIC WORKS MEMO To: City Council From: Justin Rabidoux,Director Date: November 18,2011 Re: VTrans' 2012 US2 Paving Project—Discuss Project and Potential Night Work The State of Vermont is proposing to pave 2.3 miles of US Route 2 (Williston Road)in South Burlington in 2012. The project limits are,to the west the Burlington/South Burlington municipal boundary,and to the east, US2's intersection with Millham Court. Work includes cold planning and resurfacing of the existing roadway with a leveling and wearing course of asphalt,new pavement markings,signs, video detection cameras at signalized intersections and pedestrian signal and sidewalk upgrades. The State is preparing its contract documents and desires direction from the City Council regarding night work. VTrans has asked their Traffic Research Unit to provide them with a work zone traffic capacity analysis to aid with decision support regarding night work. VTrans staff will be at the Council meeting to discuss the project in further detail and answer any questions. But ultimately they are looking for a decision from the City on whether or not to include night work in the project. That decision does not need to be made Monday evening and VTrans can share their project development schedule and deadlines with us. The project's total estimate, which includes similar work on US2 for 0.82 miles in Burlington, is$3.5M. 575 Dorset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl,com. Physical Address: 104 Landfill Road South Burlington CITY COUNCIL 7 NOVEMBER 2011 The South Burlington City Council held a regular meeting on Monday, 7 November 2011, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; P. Conner, Director of Planning& Zoning; J. Rabidoux, Public Works Director; R. &M. Dickhaut, M. Sorin, A Gordon, J. Davidson, G. Weaver, D. Ward, M. Young, D. Fleming, W. Braun, L. Ready, S. Baker, M. Smith, T. Barritt, E. Churchilll, R. Smith, B. Stuono,A. Voldman, S. Dorlly, L. Bresee, R. Varney, P. Hall 1. Executive Session: Ms. Emery moved the Council meet in executive session to discuss personnel, contract negotiations, and litigation. Ms. Greco seconded. Motion passed unanimously. Following the executive session, Ms. Emery moved that the Council exit executive session. Mr. Knapp seconded. Motion passed unanimously. Regular Session: Mr. Miller advised that the city has been served with a lawsuit brought by Charles Hatter and Betty Moore-Hatter. Ms. Dooley read a press release issued by the city in this regard and noted that the city will defend itself in this suit. 1. Agenda Review: Ms. Dooley noted there will be an update on communications between the city and the Dorset Park Skating Association under"Other Business." 2. Comments & Questions from the Audience, not related to Agenda items: No issues were raised. 3. Announcements and City Manager's Report: Mr. Engels: Noted the achievements of South Burlington fall sports teams. Participated in the "guided walk"through the Wheeler Natural Park and found it fabulous. As a member of the Pension Advisory Committee participated in a training session with Prudential, who manage the city's retirement fund portfolio. CITY COUNCIL 7 NOVEMBER 2011 PAGE 3 5. Public Hearing on Amendments to the motor Vehicle Ordinance, Section 25, addition of a 3 stop at Farrell l& Eastwood Drive; second reading: Ms. Emery moved to open the public hearing. Mr. Engels seconded. Motion passed unanimously. Mr. Rabidoux reviewed the history of the amendment, noting the unique design of the intersection which confuses drivers. The proposed 3-way stop will improve safety. Mr. Barritt opposed the amendment. He felt there was not a sufficient incident of accidents to warrant it and felt it would result in added pollution from cars stopping and starting. Mr. Weaver supported the amendment and felt it would make the intersection safer, especially for pedestrians. Ms. Dooley noted receipt of an e-mail from Tricia Griffith, a resident at City's Edge questioning whether the 3-way stop would encourage more traffic if it made the intersection safer. She felt Farrell Street is in need of"traffic calming" and suggested a clearly posted speed limit sign. Ms. Emery said she has not noticed any long lines of traffic and personally favored a roundabout. Ms. Greco questioned whether the 3-way stop may be more confusing than what is there now. She also had concern with added pollution. Mr. Engels, who lives in that neighborhood, said that at 5:15 cars back up onto Joy Drive and Hadley Road. He cited the difficult nature of the intersection and said that drivers often have no idea of what to do there. Ms. Dooley felt this is a stop-gap measure with the hope of reconfiguring the intersection in the future. Mr. Rabidoux said the hope is to make some configuration changes in FY13. Ms. Emery then moved to close the public hearing. Mr. Engels seconded. Motion passed unanimously. Mr. Engels moved to adopt the amendment to the Ordinance as presented. Ms. Emery seconded. Motion passed unanimously. CITY COUNCIL 7 NOVEMBER 2011 PAGE 5 Ms. Voldman also reviewed proposed changes for Pension Plans under BASB as follows: A. Balance Sheet Reporting B. Reduced amortization periods including: 1. 5-year asset gains/losses 2. Average FS for UAL 3. No "smoothing" of assets 4. Discount rate less for unfunded benefits Ms. Voldman said the City of South Burlington's plan will be positioned for these changes given improved funding and the new funding policy. Mr. Barritt asked where the money from the Merchants Bank go. Mr. Miller said it went to the Pension Trust. 7. Update on Status of FY 2011 Audit and Progress Report on the Management Letter for FY2010: Auditor Ron Smith noted that management was very helpful in"moving pieces of paper." He cited a great improvement from last year and noted that management has shown a willingness to make adjustments when necessary. It is estimated that the city's general fund will have a deficit of$200,000 for FY11. That is "good news." There is still an effort to understand some of the "holes." Mr. Smith stressed that this was not this administration's budget. Mr. Smith said they feel they have all the "chutes"of money identified. There is still a question as to whether to fund some of the deficits when there is no statute requiring funding (e.g., the Meals/Rooms tax). The first effort should be to deal with those that do have a statutory requirement. This list will be fine-tuned, and recommendations will be brought to the city. There is still an effort to embrace the issue of"earned sick time." He suggested the city anticipate a"big number." Mr. Miller noted there were 23 findings in the management letter. The city has addressed 19 of these. Mr. Smith cited the benefits of borrowing money to fund the pension plan shortfall. He felt the city has "stopped the bleeding," and that outstanding items should be addressed thoughtfully. CITY COUNCIL 7 NOVEMBER 2011 PAGE 7 Mr. Smith then showed a slide of all the accidents in the project study area. These coincide with the busier businesses. He noted that the Dorset Street intersection is #17 in the state for accidents. Kennedy Drive/Williston Road is #34. Mr. Smith noted that most accidents occur in the P.M. peak hour. Mr. Smith said that under the"complete streets" scenario, Williston Road/Kennedy Drive would go from a level of service C to a level of service F. The Hinesburg Road intersection would see the worst congestion. Vehicles could not enter the corridor at various approaches. Mr. Smith noted that the study found that traffic would have to be reduced by 39% in order for"complete streets"to function. He added that even with Exit 12B, the Circ Highway, the Tilley Drive connector and the Champlain Parkway, there would still not be a 39% traffic reduction. He concluded there is just too much traffic. With regard to the recommendations at Dorset Street/Williston Rd., Mr. Rabidoux noted that it would have to be determined whether 3 lanes would work further to the west, and VTRANS would have to "bless"this change. Mr. Knapp asked if paving Market Street would have a positive impact on Williston Rd. Mr. Smith said it would but not significantly. He added that a frontage Road from Holiday Inn to White Street would make a big difference. Ms. Greco asked about a roundabout at Hinesburg Road. Mr. Smith said it would be disruptive and would have significant right-of-way impacts. It would require significant acquisition of land with very detrimental affects on businesses. He stressed that the goal of the study was to stay within the right-of-way. Ms. Greco asked about a roundabout at Dorset St. Mr. Smith said that would not be favorable. Mr. Knapp asked whether"complete streets"would be destroying traffic flow for a few bicyclists. Mr. Smith said it could be a case of"if you build it they will come,"but he noted the seasonal nature of biking in Vermont. An audience member said he would love the complete street concept but understands the limitations. He would love to see Market St. paved and a frontage road. He cited the dangers of cycling under present conditions. He liked the proposed changes at Dorset Street but felt it might reduce"gaps" for cyclists to cross. Mr. Bresee said if something isn't done now, it won't ever get looked at again. He noted that most traffic on Williston Rd. is not"South Burlington traffic" and asked what obligation South Burlington has to accommodate all this traffic. He asked whether the CITY COUNCIL 7 NOVEMBER 2011 PAGE 9 11. Consider approval offering Open Access Plan as a limited additional option for health care coverage: Mr. Miller reviewed the history. He noted that the current plan puts an employee coming on board late in the year at a great disadvantage. To address this, the plan is to offer these employees a different plan. It would be at no additional cost to the city and would be voluntary for the employee. The employee would then go on the same plan as everyone else after the first year. Ms. Emery moved to approve the offering on a voluntary basis, of an open access plan to employees hired after 31 March in any given year, effective immediately. Mr. Knapp seconded. Motion passed unanimously. 12. Minutes of 17 October 2011: Ms. Emery noted she had expressed strong reservations regarding ordinance changes concerning nuisance behaviors and shoplifting. Ms. Emery moved to approve the Minutes of 17 October with the above addition. Ms. Greco seconded. Motion passed unanimously. 13. Other Business: Ms. Dooley noted the City Council still has 4 outstanding issues with the Dorset Park Skating Association: 1. Responsibilities for paying for recent rink repairs 2. Establishing the value of the rink should it be destroyed 3. Allocation of time for public skating 4. Developing communication between rink management and the Recreation Director. These issues will be shared with the Association at a meeting tomorrow. 14. Sign Disbursement Orders: Disbursement orders were signed. 15. Executive Session: Ms. Emery moved the Council convene in executive session to discuss personnel and CITY COUNCIL 17 NOVEMBER 2011 The South Burlington City Council held a special meeting on Thursday, 17 November 2011, at 3:00 p.m., in the Medium Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair, J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; B. Rusten, Assistant City Manager 1. Call the meeting to order: Ms. Dooley called the meeting to order 2. Executive Session: Ms. Dooley moved the Council meet in executive session to discuss personnel, contract negotiations, real estate acquisition, and litigation. Ms. Greco seconded. Motion passed unanimously. Following the executive session, Mr. Knapp moved that the Council exit executive session. Ms. Greco seconded. Motion passed unanimously. 3. Resume Regular Session: Council returned to regular session. Mr. Knapp moved to approve the Agreement that the defense by PACIF is under a reservation of rights in the Hafter vs. City of South Burlington and the City Manager. Mr. Engels second. Motion passed 4-0. 4. Adjourn As there was no further business Mr. Knapp moved for Council adjournment. Ms. Dooley seconded. Motion passed unanimously. Council adjourned. Clerk