Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - City Council - 02/07/2022
AGENDA SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request: Reach out to staff or committee members before meeting begins Electronically/Virtually: https://www.gotomeet.me/SouthBurlingtonVT/city-council-meeting02-07-2022 You can also dial in using your phone. +1 (872) 240-3212 Access Code: 342-108-109 Regular Session 6:30 P.M. Monday, February 07, 2022 1.Pledge of Allegiance (6:30 PM) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:31 – 6:32 PM) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM) 4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM) 5.Announcements and City Manager’s Report (6:45 – 6:55 PM) 6.Consent Agenda: (6:55 – 7:00 PM) A.***Consider and Sign Disbursements B.***Approve 2022 Certificate of Highway Mileage Submission to State of VermontC.***Approve SW Grant Request - Lake Champlain Basin ProgramD.***Approve SW Grant Application - MARC Design & Implementation Block Grant E.***Approve the FY2021 TIF Annual ReportF.***Approve a resolution and certificate along with related legal documents necessaryfor the Vermont Bond Bank to issue general obligation bonds in a total amount of$1,400,000 ($ 0.43M of which is to be serviced with tax increment financing from theCity Center TIF District) for the construction of the South Burlington Public Libraryand City Hall as authorized by ballot November 6, 2018. 7.Opportunity for Councilors and the public to share information and resources on ClimateChange – Helen Riehle, City Council Chair (7:00 – 7:15PM) 8.***Public hearing on proposed amendments to the Land Development Regulations – Paul Connor, Planning and Zoning Director WARNED FOR 7:00 pm (7:15 – 8:15PM) 9.***Discussion and possible action to adopt proposed amendments to the Land DevelopmentRegulations – Paul Connor, Planning and Zoning Director (8:15 – 8:45PM) 10. ***Consider an extension of the Mask Mandate currently in place – Jessie Baker, City Manager (8:45 – 9:15PM) 11. ***Convene as South Burlington Liquor Control Commission to consider the following: (9:15 – 9:25PM) Applebees, First Class & Third Class Restaurant/Bar License; Charlie’s on Fire (Chicken Charlies)First Class Restaurant/Bar License; Chipotle Mexican Grill, First Class & Third Class Restaurant/Bar License; Dorset Hana, Inc., First Class & Third Class Restaurant/Bar License; Eagles Club, First Class & Third Class License for Club and Two (2) Outside Consumption Permits; Hannaford Supermarket #8357(Dorset St) Second Class License; Homewood Suites, First, Second & Third Class Restaurant/Bar License and Outside Consumption Permit; Interstate Shell Second Class License; #104 Jolley Shelburne Road South, Second Class License; #105 Jolley Williston Road, Second Class License;#107 Jolley Shelburne Road North, Second Class License; #146 Jolley Shelburne Road Center, Second Class License; Kinney Drugs #55 (Williston Road) Second Class License; Klinger’s Bread Company, Second Class License; Maplefields #52 (Williston Road) Second Class License; Maplefields at the Airport, Second Class License; Mimmo’s Pizza, First Class & Third Class Restaurant/Bar License; Pour House (The) First Class & Third Class Restaurant/Bar License and Outside Consumption Permit; Price Chopper #228 (Hinesburg Road) Second Class License; Quarry Hill Club,First Class & Third Class Restaurant/Bar License and Outside Consumption Permit; Red Barn Market & Deli, Second Class License; Shelburne Road Variety, LLC, Second Class License; Windjammer Restaurant, First Class & Third Class Restaurant/Bar License and Outside Consumption Permit; Zachary’s, First Class Restaurant/Bar License; Zen Garden,First Class & Third Class Restaurant/Bar License 12. Consider entering executive session for the purposes of discussing a proposed civil litigation settlement agreement (9:25 – 9:45 PM) 13. Consider approval of civil litigation Settlement Agreement – Colin McNeil, City Attorney (9:45 – 9:55 PM) 14. Reports from Councilors on Committee assignments (9:55 – 10:05 PM) 15. Other Business (10:05 – 10:15 PM) 16. Adjourn (10:15 PM) Respectfully Submitted: Jessie Baker City Manager *** Attachments Included Champlain Water District Check/Voucher Register - Check Report by Fund From 2/8/2022 Through 2/8/2022 Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number 2/8/2022 4362 E.J. Prescott Meter Gaskets for Tech Park 18.63 5976236 2/8/2022 4363 FirstLight Fiber Account 101167 20.95 10698663 2/8/2022 4364 Stephen Kershaw Refund Overpymt on Account 6902 72.01 REFUND-6902 2/8/2022 4365 Nancy Mathews Refund Overpymt on Account 8119 824.96 REFUND-8119 2/8/2022 4366 Office Essentials of Vermont Toner 187.99 38408 2/8/2022 Office Essentials of Vermont Envelopes 589.80 38455 2/8/2022 4367 Ti-Sales, Inc.Meters 2,056.26 INV0139231 2/8/2022 Ti-Sales, Inc.Meters 812.48 INV0139236 2/8/2022 Ti-Sales, Inc.Meters 1,646.00 INV0139489 2/8/2022 Ti-Sales, Inc.Meters 1,551.36 INV0139590 2/8/2022 Ti-Sales, Inc.Return Meters (4,066.80)RTN0008662 Total 70 - South Burlington Water Department 3,713.64 Report Total 3,713.64 70 - South Burlington Water Department SOUTH BURLINGTON CITY COUNCIL Page: 1 104 Landfill Road, South Burlington, VT 05403 www.southburlingtonvt.gov tel 802.658.7961 Memo To: South Burlington City Council From: Thomas J. DiPietro Jr., Interim Director of Public Works Cc: Jessie Baker, City Manager Andrew Bolduc, Deputy City Manager Date: February 2, 2022 Re: Certificate of Highway Mileage for the year ending February 10, 2022 _______________________________________________________________________________ The State of Vermont requires that South Burlington’s highway mileage be documented for the purpose of allocating the legislature’s appropriation of annual town highway aid. This is mandated by V.S.A. Title 19, Chapter 3, sections 305 and 306. Updating the City’s road mileage also enables VTrans to produce maps and data that are used by the public, local and state government, and VTrans. Municipal governing boards are asked to certify Class 1, 2, 3, and 4 town highways and legal trails by February 10 of each year using a form provided by VTrans during the first week in January. Attached to this memo please find South Burlington’s highway mileage certificate for the year ending on February 10, 2022. The following roads are being added on this year’s form: • Sommerfield Avenue –Accepted by council on February 3, 2020 • Willowbrook Lane –Accepted by council on August 5, 2019 • Windswept Lane – Accepted by council on December 17, 2018 Also included with this memo are location maps and warranty deeds for each road. I recommend that council make a motion to approve the attached South Burlington Certificate of Highway Mileage for the year ending on February 10, 2022. Memo To: South Burlington City Council From: Christine Gingras, Stormwater Project Manager CC: Jessie Baker, City Manager Tom DiPietro, Interim Director of Public Works Date: January 28, 2022 Re: Request to apply for grants to construct gravel wetlands for treatment of stormwater runoff from Burlington Country Club and Spear Street The City of South Burlington’s stormwater services has prepared the attached grant applications and associated grant request forms for City Council. Construction grant funding is being sought to implement a gravel wetland to treat approximately five acres of impervious surface from an approximately 80-acre drainage area that currently discharges untreated to Potash Brook. The proposed project will utilize available space on Burlington Country Club (BCC) property to treat runoff from the golf course (privately owned), Spear Street (City owned) and recreation path (City owned). This project has been identified in the Potash Brook Flow Restoration Plan (FRP) and the City’s Phosphorus Control Plans (PCP). In addition to abetting the City’s goal of MS4 compliance, the project supports Burlington Country Club’s obtainment of 3-9050 permit compliance. The project will reduce the amount of phosphorous going to Lake Champlain by 10.5 kg per year. The City, in partnership with Burlington Country Club, would like to apply for two construction grants, totaling $425,000, to implement the stormwater treatment practice. Construction costs not covered by grant funding will be split between the City and BCC at a rate previously determined and based on the contributing impervious area of each entity. I am requesting that City Council authorize staff to (1) apply for grant funding from the Lake Champlain Basin Program for construction phase services and (2) apply for grant funding from Mt. Ascutney Region Commission for construction phase services. If you have any questions, please contact me at (802)658-7961 Ext.6111 or cgingras@southburlingtonvt.gov. City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form – either blank or completed Christine Gingras January 24, 2022 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: Lake Champlain Basin Program Clean Water – Large Implementation Grant; October 11, 2021. 2. What specifically is the grant’s purpose? Funding shall be used for construction of a stormwater treatment system along Spear Street that will manage stormwater in Potash Brook watershed. 3. What does the grant fund and not fund (be specific) The grant will fund $125,000 of the project’s construction fees and engineering fees associated with the construction phase. 4. Total Project Cost: a. Amount of grant: We are applying for $125,000 in grant funding. b. Is there a City match required, how much and in what fiscal year(s)? The total project cost is estimated to be $620,700, so additional funds will be necessary to implement the proposed stormwater treatment practices. Although no match is required, we have pledged a City match of $125K. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? No, but we are also applying for a $300K grant from Mount Ascutney Regional Commission and have pledged a city match of $45,248 to those funds. 5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be paid through the stormwater utility’s capital improvement line item. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? No. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? Grant funding will be for construction of the project as a stand-alone project. 8. Length of grant - will the grant cross fiscal year(s)? Yes. Construction will likely occur in FY22 or FY23 9. Who will apply for grant (name/title)? Tom DiPietro, Deputy Director. 10. How much time will it take to complete grant application form? 4 hours. 11. How likely is it that we will receive grant? We have a good chance to receive this grant funding. The proposed project aligns with water quality intensions of the grant program and we have been awarded funding for similar projects via this funding mechanism in the past. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), Christine Gingras what are any grant compliance requirements, how much time will this take and how is that time available? Compliance with the grant will require the completion of set milestones and deliverables to be reviewed by LCBP Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Stormwater utility staff will handle grant related work and paperwork. No, In-kind service cannot be used as part of City match. 13. Describe grant payment process – method of cash flow: The City would pay construction expenses and then submit invoices to LCBP for reimbursement. 12) Project manager will update Assistant City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Assistant City Manager and Deputy Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Assistant City Manager based on actual grant conditions. 14) Deputy Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. LCBP Clean Water – Large Implementation Grant Burlington Country Club Gravel Wetland 1 Clean Water Project Proposal 2021 A. Summary Page Project Name/Title: Burlington Country Club & Spear Street Gravel Wetland Contact Information: South Burlington Stormwater Services Thomas J. DiPietro Jr., Deputy Director of Environmental Services 104 Landfill Road, South Burlington, VT 05403 (802) 658-7961 x6108 tdipietro@sburl.com Authorized Representative: South Burlington Stormwater Services Thomas J. DiPietro Jr., Deputy Director of Environmental Services 104 Landfill Road, South Burlington, VT 05403 (802) 658-7961 x6108 tdipietro@sburl.com Tracking Information: Federal Tax ID Number: 03-6002712 DUNS Number: 01-950-6690 Certified Disadvantaged business Enterprise: No South Burlington Stormwater Services Mission Statement: Having established the first Stormwater Utility in the State of Vermont, the City of South Burlington strives to be a leader in water quality restoration efforts. South Burlington Stormwater Services, a division within the City of South Burlington’s Department of Public Works, is the City’s primary mechanism for adhering to regulatory stormwater requirements and minimizing adverse water quality impacts from stormwater runoff. Utilizing fees collected from every owner of developed property in South Burlington, the division provides technical support, infrastructure maintenance, and capital improvement project funding. Project Category: Clean water – Large Implementation Grant LCBP Clean Water – Large Implementation Grant Burlington Country Club Gravel Wetland 2 One-sentence summary: Implementation of a gravel wetland is proposed to treat stormwater runoff from five acres of combined municipal and private impervious area before it reaches Potash Brook, an impaired stream. Total Request Amount: $125,000 Non-Federal Match amount: $125,000 Project Match (+ $300,000 DIBG w/ $70,700 match) Total Project Cost: $620,700 Abstract: The City of South Burlington is applying for grant funding to implement a gravel wetland to treat approximately five acres of impervious surface from an approximately 80-acre drainage area that currently discharges untreated to Potash Brook. The proposed project will utilize available space on Burlington Country Club (BCC) property to treat runoff from the golf course (privately owned), Spear Street (City owned) and recreation path (City owned). This project has been identified in the Potash Brook Flow Restoration Plan (FRP) and the City’s Phosphorus Control Plans (PCP). In addition to abetting the City’s goal of MS4 compliance, the project supports Burlington Country Club’s advance toward 3- 9050 permit compliance. The project will reduce the amount of phosphorous going to Lake Champlain by 10.5 kg per year. Project Location: The project is located in South Burlington, Chittenden County, just north of the intersection of Spear Street and Country Club Road, on land owned by Burlington Country Club. The gravel wetland will treat runoff from road, suburban and golf course land types within the Potash Brook watershed (Lake Direct, HUC12 No.: 04150408). Latitude and longitude coordinates of the proposed gravel wetland are 44.4588, -73.1913. LCBP Clean Water – Large Implementation Grant Burlington Country Club Gravel Wetland 3 Proposal Content Background and Project Overview: Potash Brook is one of five stormwater impaired waterbodies located in South Burlington. Unmanaged stormwater runoff creates significant erosion of stream banks, along with discharging phosphorus, nitrogen and bacteria pollution to both Potash Brook and Lake Champlain. Implementation of stormwater treatment practices (STPs) throughout the watershed helps to filter out pollutants and nutrients, such as phosphorus, as well as providing a reduction in peak flow rates that cause stream bank erosion. The City has identified over 100 projects that are necessary to implement with in the Potash Brook watershed in order to meet the flow reduction requirements outlined in the approved Potash Brook Flow Restoration Plan (FRP). The Potash Brook Flow Restoration Plan originally identified a project on the Miller Research Farm to treat the stormwater generated from Spear Street. Through discussions with the University of Vermont, it was determined that the land to construct the stormwater treatment practice would not be granted to the City. After reviewing alternative locations, the City was granted permission by the Burlington Country Club to utilize its property to construct a subsurface gravel wetland to treat runoff from both the City’s roadway, as well as a portion of impervious surface located on the golf course. The implementation of this project is necessary for the Potash Brook watershed to meet the targeted flow reductions identified in the FRP. The project is also identified in the City’s Phosphorus Control Plan (PCP), which is required to meet the targets set in the Lake Champlain Phosphorus Total Maximum Daily Load (TMDL). In addition to abetting the City’s goals, the relocation of the project onto golf course land supports Burlington Country Club’s partial advance toward 3-9050 permit compliance. It should be noted that there is no financial reimbursement being requested by Burlington Country Club for use of their land for this project. The gravel wetland being constructed is classified by the Vermont Department of Environmental Conservation (VT DEC) as a Tier 2 Stormwater Treatment Practice (STP). While a Tier 1 practice was not feasible in this location due to soil type and depth to groundwater, a Tier 2 practice provides the second-best level of water quality treatment. The proposed gravel wetland will treat approximately five acres of impervious surface from an approximately 80-acre drainage area generally located to the north and west of the proposed treatment wetland. Runoff to be treated is from the golf course (privately owned), Spear Street (City owned) and recreation path (City owned). Existing stormwater drainage pipes under Spear Street will be re-routed to the gravel wetland for treatment prior to discharging to Potash Brook. The proposed gravel wetland will help to promote clean water in the Lake Champlain Basin that will sustain diverse ecosystems, support vibrant communities and working landscapes, and provide safe recreation opportunities. Hydrologic modeling shows the project will reduce the peak flow of the 1-year, 24-hour storm event by 97%, from 21.82 cubic feet per second (cfs) to 0.67 cfs. Utilizing the State’s BMP Tracking Table, a tool developed by the State to allow municipalities to calculate phosphorus reductions from proposed stormwater treatment practices included in their Phosphorus Control Plans, it is estimated that the proposed project will reduce the amount of phosphorous going to Lake Champlain by 10.5 kg per year. In addition to abetting the City’s MS4 LCBP Clean Water – Large Implementation Grant Burlington Country Club Gravel Wetland 4 permit compliance, the project also helps to support the Burlington Country Club’s advance toward its “three-acre” 3-9050 permit compliance. The South Burlington Stormwater Utility is comprised of three fulltime stormwater office staff and four fulltime stormwater maintenance personnel. The City has the capacity and experience to successfully implement, operate, and maintain the proposed gravel wetland. Over the past 15 years, the City has gained considerable experience managing STP construction projects that are competed on time, within budget and that utilize grant funding. The City maintains a website (http://www.sburlstormwater.com/stormwater-projects/) with explanations for over 30 stormwater capital improvement projects previously completed or currently underway. This website also demonstrates the City’s proactive approach to educating citizens and providing outreach to garner public support for stormwater projects. In addition to information being posted on the City’s stormwater website, the proposed project will be highly visible to users of the golf course and the adjacent rec path along Spear Street. The City plans to install an informational sign that will outline the benefits of the project and acknowledge grant funding agencies. The City has worked with an engineer to complete the final design for the gravel wetland and all necessary permits have been acquired. The likelihood that this project will be successfully implemented is very good. Permits include an Army Corp of Engineers permit for small wetland impacts, a construction general permit for stormwater, and an Act 250 permit amendment. The City is prepared to bid the project as early as January of 2022, an ideal time to receive competitive bids from contractors, or as early as possible following the award of grant funding. Construction is anticipated to be completed in one season and the treatment system could be online by the end of 2022. If for some reason a reasonable bid is not secured in 2022, the project will be put out to bid again and constructed in 2023. Implementing this project leverages the previous grant money (VT DEC’s Clean Water Block Grant) that supported final design of this project. As previously noted, this project is also mentioned in the following management/prioritization plans - Potash Brook Flow Restoration Plan and the City of South Burlington’s Phosphorus Control Plan (PCP). The City of South Burlington is partnering with Burlington Country Club on this project. Construction costs not covered by grant funding will be split between the City and BCC at a rate previously determined and based on the contributing impervious area of each entity. LCBP Clean Water – Large Implementation Grant Burlington Country Club Gravel Wetland 5 Project Task Table: Task Task Title Task Objective Deliverable/Output Timetable 1 Develop Work Plan Prepare Work Plan Work Plan Dec 2021 2 Award Construction Contract Prepare bid documents, publish RFP, reply to questions, host pre-bid meeting on site, select best value bid. Signed contract with construction contractor Jan 2022 (or ASAP) 3 Construct Gravel Wetland Complete construction of gravel treatment wetland Construction Completion June-Oct 2022 4 Prepare Quarterly and Final Reports The City will prepare quarterly reports and a final report in a format approved by the LCBP. Final Report Dec 2023 Project Task Descriptions: Task 1: Develop Work Plan The City will prepare a work plan for review and approval that will include the tasks outlined below along with quarterly reports. Task 2: Award Construction Contract Following LCBP’s and the City’s purchasing policy, the project will be put out to a public bid. This will include notifying the minority business development agency and the small business administration, advertisement of the work, meeting with prospective contractors, and reviewing all bids received. The City will secure at least three bids and the one that offers the “best value” will be chosen. The specifications for the project will include language which will require the contractor to take measures that will reduce the spread of invasive species. Task 3: Construct gravel wetland system The City will oversee the successful construction of stormwater improvements as detailed in the bid documents. This includes all work necessary to coordinate with the contractor and keep the project on schedule. This task will also include installation of a public-facing informational sign. Task 4: Prepare quarterly and final reports The City will prepare a final report in a format approved by the LCBP. This will include construction phase photos and a summary of any changes that occurred during the construction process. Following completion of the project, South Burlington Stormwater Services and Burlington Country Club will each maintain different components of the stormwater system, in accordance with a Stormwater Maintenance Agreement currently being developed by the two parties. It is estimated that gravel wetlands have an anticipated lifespan of approximately 20 years, but the City intends to maintain/repair/upgrade its stormwater infrastructure indefinitely. LCBP Clean Water – Large Implementation Grant Burlington Country Club Gravel Wetland 6 Anticipated Outcomes: The project will treat runoff from 5 acres of impervious surface within the Potash Brook watershed, thus reducing the peak flow of the 1-year, 24-hour storm event by 97%, from 21.82 cubic feet per second (cfs) to 0.67 cfs. Additionally, the project will reduce the amount of phosphorous going to Lake Champlain by 10.5 kg per year. These improvements will also help the City and towards compliance with the Potash Brook FRP and the City’s PCP. Budget Table and Detailed Budget Justification: Line Item Task 1: Workplan Task 2: Award Contract Task 3: Construct System Task 4: Prepare Reports Line Item Totals for All Tasks Proposed Match* (if any) Line Item Totals + Proposed Match Personnel $0 $0 $0 $0 $0 $0 $0 Fringe $0 $0 $0 $0 $0 $0 $0 Travel $0 $0 $0 $0 $0 $0 $0 Supplies $0 $0 $0 $0 $0 $0 $0 Professional Services $0 $0 $125,000 $0 $125,000 $495,700 $620,700 Total Direct $0 $0 $125,000 $0 $125,000 $495,700 $620,700 Indirect TOTAL BUDGET $0 $0 $125,000 $0 $125,000 $495,700 $620,700 All LCBP funds will be applied to professional services fees incurred in Task 3. Professional Services: The City will enter into a contract with an engineering consultant to provide construction administration services and record drawing services for an estimated $11,200. The City will also enter into a contract with the contractor selected in Task 2 to construct the gravel wetland, and stormwater infrastructure improvements, which has an estimated cost of $609,500. LCBP funds will be used to pay construction contractor (Task 3). The remaining $495,700 in construction and engineering costs will be shared between BCC and the City’s $125,000 in match funding, which will come from the City’s stormwater utility fee fund, along with $300,000 in grant funding being provided by the VT DEC’s Design Implementation Block Grant (DIBG), assuming grant funding is awarded, and $70,700 in match funding for the DIBG. TECHNICAL REFERENCES CITED: City of South Burlington, 2019. Potash Brook Flow Restoration Plan. South Burlington, Vermont. http://sburlstormwater.com/wp-content/uploads/2019/03/Potash-Brook-FRP-Final-Updated-2019.pdf Vermont Department of Environmental Conservation, 2006. Total Maximum Daily Load To Address Biological Impairment in Potash Brook (VT05-11). Montpelier, Vermont. https://dec.vermont.gov/sites/dec/files/wsm/stormwater/docs/Permitinformation/ResidualDesignationAuthority/sw_pot_tmdl_finalapproved.pdf LCBP Clean Water – Large Implementation Grant Burlington Country Club Gravel Wetland 7 U.S. Environmental Protection Agency, 2016. Phosphorus TMDLs for Vermont Segments of Lake Champlain. U.S. EPA New England Region, Boston, MA. https://www.epa.gov/sites/default/files/2016-06/documents/phosphorus-tmdls-vermont-segments-lake-champlain-jun-17-2016.pdf CURRICULUM VITAE/RESUME OF PRINCIPAL INVESTIGATORS: The resumes of Tom DiPietro, David Wheeler and Christine Gingras are attached. City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form – either blank or completed Christine Gingras January 24, 2022 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: Mount Ascutney Regional Commission (MARC) Clean Water Design & Implementation Block Grant (DIBG) - 5th Round; October 18, 2021. 2. What specifically is the grant’s purpose? Funding shall be used for construction of a stormwater treatment system along Spear Street that will manage stormwater in Potash Brook watershed. 3. What does the grant fund and not fund (be specific) We are applying for $300,000 to fund the project’s construction fees and engineering fees associated with the construction phase. 4. Total Project Cost: a. Amount of grant: $300,000 b. Is there a City match required, how much and in what fiscal year(s)? No, but we have pledged $45,248 in City match funds for FY22 or FY23. The total project cost is estimated to be $620,700, so additional funds will be necessary to implement the proposed stormwater treatment practices. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? No, but we are also applying for a 125K grant from Lake Champlain Basin Program and have pledged a city match of 125K to those funds. 5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be paid through the stormwater utility’s capital improvement line item. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? No. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? Grant funding will be for construction of the project as a stand-alone project. 8. Length of grant - will the grant cross fiscal year(s)? Yes. Construction will likely occur in FY22 or FY23 9. Who will apply for grant (name/title)? Tom DiPietro, Deputy Director. 10. How much time will it take to complete grant application form? 8 hours. 11. How likely is it that we will receive grant? We have a medium chance to receive this grant funding. The proposed project aligns with water quality intensions of the grant program. The City will need to acquire one more permit to be eligible to receive funds and anticipates this can be done before construction commences. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), Christine Gingras what are any grant compliance requirements, how much time will this take and how is that time available? Compliance with the grant will require the completion of set milestones and deliverables to be reviewed by MARC Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Stormwater utility staff will handle grant related work and paperwork. No, In-kind service cannot be used as part of City match. 13. Describe grant payment process – method of cash flow: The City would pay construction expenses and then submit invoices to MARC for reimbursement. 12) Project manager will update Assistant City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Assistant City Manager and Deputy Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Assistant City Manager based on actual grant conditions. 14) Deputy Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. Design/Implementation Block Grant Application Form Applicant Organization Information a. Applicant Organization Name: b. Organization Type: c. Physical Address: d. Point of Contact Name, Title: e. Point of Contact Phone #: f. Point of Contact Email Address: Project Information a. Project Title: b. Watershed Projects Database (WPD) Identification #: c. Project Location Town: d. Project Location Watershed: e. Project Latitude/Longitude Coordinates (Decimal-Degrees): f. Landowner Type: g. Is a Letter of Support from the landowner included with your application? Yes No h. Project Type/Sector: i. Project Phase: j. Does your project achieve compliance with the VT DEC 3-acre (3-9050) Stormwater Permit? If yes to “j.” above, AND your project is a public-school site in the Lake Champlain or Memphremagog Basins, please note that your project is ineligible for DIBG funding. MARC encourages the prospective applicant to seek funding through the DEC Clean Water Initiative Program’s Green Schools Initiative. Yes No k. Does your project contribute to a MS4 community achieving phosphorus and/or flow reduction targets identified through a Flow Restoration Plan (FRP) or Phosphorus Control Plan (PCP)? Yes No City of South Burlington - South Burlington Stormwater Services Municipality 104 Landfill Road, South Burlington, VT 05403 Tom DiPietro, Deputy Director of Environmental Services 802.658.7961 x 6108 tdipietro@sburl.com Burlington Country Club & Spear Street Gravel Wetland 10546 South Burlington & Burlington Potash Brook (Shelburne Bay) 44.4588 -73.1913 Private ✔ Stormwater Implementation ✔ ✔ l. Is your project a stormwater regulatory Public-Private Partnership (P3) proposal? If yes to “l.” above, please fill out the Stormwater Regulatory Public-Private Partnership Project Proposal Form included in Appendix A of this application. If your project is not a P3 proposal, please leave Appendix A blank. Yes No m. Is your proposal the next phase of a previously awarded Clean Water Design/Implementation Block Grant (DIBG) or DEC Ecosystem Restoration Program (ERP) grant? If yes to “m.” above, please list the previous subgrant agreement number: Yes No n. Is your project mandated under any regulatory mechanism? If yes to “n.” above, please explain: Yes No o. To the best of your knowledge, is your project eligible through any alternative funding source(s)? If yes to “o.” above, please list the other funding source(s) through which your project has been denied funding, and a brief rational for such denial: Yes No p. Project Description. Please provide a brief description of the project (Describe the sediment/nutrient pollution issue, how the pollutant issue will be addressed, anticipated project outcomes, and any other information that may demonstrate why this project is important in terms of sediment/nutrient pollutant reduction): ✔ ✔ SBurlington-2019DIBG-01 Potash Brook Flow Restoration Plan (FRP) South Burlington Phosphorus Control Plan (PCP) Burlington Country Club 3-9050 permit ✔ ✔ The City has also applied for funding through the Lake Champlain Basin Program (LCBP), however the maximum award for that grant program is $125,000 for large stormwater projects and therefore the City is seeking additional funding. The City of South Burlington is applying for grant funding to implement a gravel wetland to treat 5.2 acres of impervious area that currently discharges untreated to Potash Brook. The designed subsurface gravel wetland is classified by the Vermont Department of Environmental Conservation (VT DEC) as a Tier 2 Stormwater Treatment Practice (STP). While a Tier 1 practice was not feasible in this location due to soil type and depth to groundwater, a Tier 2 practice provides the second-best level of water quality treatment. The proposed gravel wetland will treat approximately five acres of impervious surface from an approximately 80-acre drainage area. Runoff to be treated is from the golf course (privately owned, 3-acre list), Spear Street (City owned, MS4 town) and recreation path (City owned, MS4 town). Existing stormwater drainage pipes under Spear Street will be re-routed to the gravel wetland for treatment prior to discharging to Potash Brook. q. Water Quality Benefits. (Describe why this project is important in terms of magnitude of sediment and/or nutrient pollution. Is there an urgent need for this project? Please quantify the sediment/nutrient pollutant reduction potential to the best of your ability): r. Project Type, Milestones & Deliverables. Please select your Project Type from the drop-down menu located at the top of the table below. Project Types are defined in Appendix B of the SFY21 Clean Water Initiative Program Funding Policy. Please select the Project Type that best describes your project. Upon identification of your Project Type, please enter the standardized Milestones and Deliverables associated with that Project Type in the table below, based on Appendix C of the SFY21 Clean Water Initiative Program Funding Policy. Please do not deviate from the standardized Milestones and Deliverables provided in the Funding Policy. Note that the table below may include more rows than is necessary for your project. Please leave extra rows blank. Project Type: Milestone Deliverable(s) 1 2 3 4 5 Project initiated; RFP issued and contractor selected Copy of RFP, signed contract, and statement of reasoning for contractor selection; photos of site pre-implementation Contractor selected Signed contract; statement of reasoning for contractor selection Required permits secured Permit documentation Implementation updates; BMPs implemented, Clean Water Project Sign installed during construction Interim reports (includes summary of work to date, percent progress, construction photos, including Clean Water Project Sign photo) Stormwater BMPs implemented Interim reports (includes summary of work to date, percent progress, construction photos, including Clean Water Project Sign photo) The implementation of this project is necessary for the impaired Potash Brook watershed to meet targeted flow reductions identified in the Flow Restoration Plan (FRP). The project is also identified in the City’s Phosphorus Control Plan (PCP), which is required to meet the targets set in the Lake Champlain Phosphorus Total Maximum Daily Load (TMDL). In addition to abetting the City’s goal of MS4 compliance, the project will enable obtainment of a “three-acre” 3-9050 permit for Burlington Country Club. The gravel treatment wetland has been designed to reduce the peak flow of the 1-year, 24-hour storm event by 97%, from 21.82 cubic feet per second (cfs) to 0.67 cfs and filters the water quality volume from 5 acres of impervious surfaces, reducing the amount of phosphorous going to Lake Champlain by 10.5 kg per year. Stormwater - Implementation 6 7 8 9 10 11 s. Performance Measures. Please enter the standardized performance measure(s) associated with your Project Type as defined in Appendix B of the SFY21 Clean Water Initiative Program Funding Policy. Please enter the anticipated quantitative value resulting from your project for each performance measure. Note that your Project Type may only have one standardized Performance Measure associated with it, in which case please leave the second-row blank. Performance Measure Anticipated Quantitative Value Performance Measure 1: Performance Measure 2 (if applicable): Example: Acres of Wetland Restored 3.5 t. Natural Resources Screening. Please complete the following steps to properly screen your project for natural resources impacts. Note that an incomplete natural resources screening process will result in denial of your funding application. Step 1: Please use the DEC Water Quality Project Screening Tool to screen your project for natural resources impacts. Upon entering your project information into the Screening Tool, the Tool will provide contact information for potentially applicable regulatory and non-regulatory DEC staff. Step 2: Please use the ANR Atlas to create a Natural Resources Screening Map for your project. Please use the Natural Resources Screening and Project Locator Map Instructions, updated 5/23/2017 to create your map. Note that on page 6 of the Mapping Instructions, the applicable map layer necessary to create your map is referred to as the “Ecosystem Restoration Grant Screening” layer. The name of the applicable map layer has since been changed to the “Clean Water Initiative Program Grant Screening” layer. Step 3: Using your Natural Resources Screening Map, please answer each of the questions provided in the table below. Anytime you answer “yes” to a question in the table below, please contact the applicable DEC staff person using the contact information provided in Step 1 above. Each applicable DEC staff person should complete and sign the Project Review Form included in Appendix C of this application. Completed Project Review Form(s) must be submitted with your application. O&M plan created and signed Project complete Acres of impervious surface treated 5.3 Signed 10-year (min) DEC Operation and Maintenance Plan and Agreement Final Performance Report; Stormwater BMP Report (indicate BMP status as constructed); press release; t i l t ti h t ( ) F 430 M Natural Resources Screening Form This form helps to identify any lakeshore, river, and/or wetland conflicts and permitting requirements at your project site. I. Act 250 Have any Act 250 Permits been issued within the same parcel as your project? If yes, please contact the applicable Act 250 District Coordinator and provide the permit number/any water resource issues or natural resource issues identified: Permit Number: Resource Issue(s) (if applicable): Yes No II. Lakeshore Is the project site located within 250’ of a lakeshore edge? Yes No If yes, please contact the applicable Lake and Shoreland Regional Permit Analyst. Please note that you may need a Shoreland Protection Act Permit or an Encroachment Permit. Project approved by DEC Lakes & Ponds Program? Yes No N/A III. River Corridor & Flood Hazard Area Is any portion of the project located within 100’ of a mapped river corridor and/or mapped FEMA flood hazard area? Yes No If yes, please contact the applicable River Scientist and Floodplain Manager. Project approved by DEC Rivers Program? Yes No N/A LUP Application 4C1278-2 primary ag soils ✔ ✔ ✔ ✔ ✔ If the project is not within or in close proximity to a mapped river corridor and/or flood hazard area, is there any portion of the project that may contribute point source stormwater runoff into a river or stream? Example: A stormwater pond overflow pipe discharging into a mapped river corridor. Yes No If yes, please contact the applicable River Scientist. Project approved by DEC Rivers Program? Yes No N/A Does any portion of the project involve work on a streambank? Yes No If yes, please contact the applicable DEC Stream Alteration Engineer. Please note that you may need a Stream Alteration Permit. The Stream Alteration Rule regulates activities that take place in or along streams. Activities that are regulated include streambank stabilization, road improvements that encroach on streams, bridge construction or repair, and other similar activities. Project approved by DEC Stream Alteration Engineer? Yes No N/A IV. Wetlands Is any portion of the project located in or within 100’ of a mapped wetland, wetland advisory layer, or hydric soil area? Yes No Is there any reasonably clear indication that there may be an unmapped wetland at the project site? Please see the Landowners Guide to Wetlands for additional information regarding identification of wetlands. Yes No If yes to either or both of the above, please contact the applicable District Wetland Ecologist. The District Wetland Ecologist can assist in determining the approximate location of a wetland and whether you need to hire a Wetland Consultant to conduct a wetland delineation. Any activity within a Class I or II wetland or wetland buffer zone (100’ and 50’ respectively) which is not exempt or considered an “allowed use” under the Vermont Wetland Rules requires a permit. Note that all permits must go through a public notice process. Project approved by DEC Wetland Ecologist? Yes No N/A ✔ ✔ ✔ ✔ ✔ ✔ ✔ V. Stormwater Will the project disturb more than one (1) acre of land during construction? Yes No Will this project add impervious surface, create new development or otherwise require a Stormwater Permit? Yes No If yes to either or both of the above, please contact the applicable Stormwater Analyst. Project approved by DEC Stormwater Program? Yes No N/A VI. Basin Planner Has the project received the support of the applicable DEC Basin Planner? Note that the Basin Planner need not complete the Project Review Form. However, a Letter of Support from the DEC Basin Planner is helpful. Yes No Step 4: Please include a PDF version of your Natural Resources Screening Map, and completed Project Review Form(s) with your final application submission. Please see “Required Application Content & Submittal Instructions” below for additional information. u. Project Budget. Please provide your requested grant budget, match funds, and total project cost below. You will be required to include more detailed budget information in the DIBG Budget Form. 1. Total Grant Funds Requested: 2. Eligible Match/Leverage Funds Provided: 3. Total Project Cost (Grant Funds Requested + Match Provided = Project Cost): v. Additional Information. If there is any additional information that the Review Committee should be aware of when reviewing your application (innovative water quality solutions, exciting or innovative partnerships, noteworthy site history, obscure sources of match/leverage funding, or any other information), please provide: ✔ ✔ ✔ ✔ $300,000 $70,700 (+$250,000) $620,700 Match: In addition to the DIBG, the City has applied for a clean water implementation grant from the Lake Champlain Basin Program (LCBP) for $125,000 and committed $125,000 in matching funds to the LCBP grant. The City and Burlington Country Club are committing $70,700 in matching funds towards the DIBG, bringing the total eligible match/leverage funds for this grant to $320,700. 3-9050 Permit: The Burlington Country Club will be submitting a Final Notice of Intent for a 3-9050 permit shortly. Watershed Consulting is contracted to do this work directly for BCC, which is not being funded through either the existing design grant or requested construction grant. Documentation of the 3-9050 permit will be provided to the grant agency once it is received. Required Application Content & Submittal Instructions Please ensure that your application includes each of the following elements, submitted in the following manner. Failure to properly submit your application as described in this Section may jeopardize your funding request. The following elements must be submitted as one (1) PDF document, arranged in the following order: Completed Application Form (this document); Completed Budget Form; Bid(s), Quote(s) or Estimate(s) from engineering and/or construction firms; Natural Resources Screening Map; Completed and signed Project Review Sheet(s) from applicable DEC staff; Landowner Letter of Support; Documentation of Operations & Maintenance (O&M) responsible party; Other Letter(s) of Support, if applicable (e.g., DEC Basin Planner, Watershed Groups, etc.); Site photograph(s) clearly demonstrating the water quality concern; Documentation of match/leverage funds, if applicable (e.g., grant award letter from eligible match source, municipal match commitment letter, etc.) The following must be submitted as a second, single PDF document: Preliminary or final engineering design plans, if applicable; Engineering design report, if applicable; Local, state and/or federal permit authorization(s) (if an implementation phase project1); Please submit your completed application via email (as two PDF attachments as described above) to cwbg@ŵĂƌĐǀƚ.org under the subject heading “DIBG Application Submission – Organization Name” by no later than Monday, October 18, 2021 by 4:30 pm Eastern Standard Time (EST). MARC staff will respond to your application submission email to provide confirmation of receipt. Late or incorrectly submitted applications will not be considered. If your organization intends to submit two or more applications, please submit each application by separate email. 1 Applicants are strongly encouraged to secure all required permit authorizations during the final design phase, or otherwise prior to applying for DIBG implementation funds. However, you may be eligible to receive implementation funds prior to securing permits. You must clearly demonstrate in your application all permitting requirements, and a plan to secure all necessary permit authorizations prior to commencement of any construction activities. X X X X X X X X X X X Last Updated: August 11, 2021 APPENDIX A – STORMWATER REGULATORY PUBLIC-PRIVATE PARTNERSHIP (P3) PROJECT PROPOSAL FORM Please complete this form only if your application is a stormwater regulatory public-private partnership (P3) proposal. If your project is not a P3 proposal, please leave this form blank. Applicant Organization: Project Title: Watershed Projects Database ID #: Date of Proposal Form Submission: Provide a brief description of stormwater best management practices (BMPs) to be designed and/or installed (Please specify type(s) of BMP(s), number of BMP(s), and what type of land they will be located on (i.e., public, private, etc.): Question 1: Does the project lead to a private landowner/permittee achieving compliance with the Three-Acre General Permit for a privately-owned site? Select One: Please provide the requested details: Yes Which private site(s) from the State’s “3-acre list” will this project serve? How many acres would be treated? No If no, this project does not meet the P3 definition, and thus cannot be considered a stormwater regulatory public-private partnership (P3) proposal. Please do not complete the rest of this form. Unsure Why are you unsure? Is parcel listed on the State’s “3-acre list”? Please provide details about the private site, current permitting conditions, and acre to be treated. Burlington Country Club Corporation --> 2.9 acres of Burlington Country Club impervious to be treated --> 2.4 acres of City of South Burlington roads and paths to be treated An updated list of 3-acre sites sent to the City from Emily Schelley (VT DEC) on Aug 18, 2021 includes the Burlington Country Club parcel. The State should update the list in the link above to reflect the most recent version. City of South Burlington - South Burlington Stormwater Services Burlington Country Club Gravel Wetland 10546 October 18, 2021 One subsurface gravel wetland to treat stormwater runoff from 5.3 acres of impervious area is to be installed. The project straddles the Burlington and South Burlington city line, just north of the intersection of Spear Street and Country Club Road. The gravel wetland will be constructed on land privately owned by Burlington Country Club; storm drains, manholes and most of the treatment system's appurtenances are located in City ROWs. ✔ Last Updated: August 11, 2021 Question 2: Does the project help a municipal landowner/permittee either a) achieve compliance with the Three-Acre General Permit for its municipally owned/operated site, or b) implement an MS4 permit regulatory project? Select One: Please provide the requested details: Yes Please explain which public permit obligation(s) will be met. How many regulated acres would be treated? No Skip to Question 3. Please note that in order for the project to be considered a stormwater regulatory public-private partnership you must select “yes” or “unsure” for either Question 2 or Question 3. If you select “no” for both Question 2 and Question 3, your project does not meet the P3 definition. Unsure Why are you unsure? Please provide details about the current permitting and stormwater management conditions and acres under jurisdiction. Question 3: Is the project sufficiently upsized to provide treatment of additional non-regulatory/sub-jurisdictional stormwater runoff sourced from offsite privately and/or publicly owned land? Select One: Please provide the requested details: Yes Please describe the additional stormwater runoff (where it’s coming from, number of proposed unregulated acres to be treated, why it’s sub-jurisdictional). No Please note that in order for the project to be considered a stormwater regulatory public-private partnership, you must select “yes” or “unsure” for either Question 2 or Question 3. If you select “no” for both Question 2 and Question 3, your project does not meet the P3 definition. Unsure Why are you unsure? Please provide any details about the additional stormwater load the BMP would treat and/or acres treated. MS4 regulatory project - Implementing this project is necessary to meet targeted flow reductions identified in the Potash Brook Flow Restoration Plan (FRP) and phosphorus reductions called out the South Burlington Phosphorus Control Plan (PCP). The gravel wetland is sized to treat impervious runoff from the entire 80-acre drainage area. This includes 2.9 acres of impervious on a 3-acre site and 2.4 acres of the impervious City roads and paths that are identified in a FRP. ✔ ✔ Last Updated: August 11, 2021 Question 4: What entity or entities have agreed to be responsible for ongoing operations and maintenance (O&M) of the proposed BMP(s)? Please describe the proposed responsible entity’s experience with maintenance of similar BMPs, and available equipment and resources. Please include documentation of the O&M responsible party’s commitment to O&M. Question 5: What entity or entities have agreed to pay for the operations and maintenance (O&M) of the proposed BMP(s)? Please include documentation of the commitment to fund O&M. The City will be responsible for everything in their right-of-way (ROW) and BCC will be responsible for everything on their property. This means that City will manage the swirl-separator, drainage structures, weir wall, pipes, and ditches in their ROW. BCC will manage the gravel wetland itself, including the stone inlets, wetland, vegetation, and outlet structure. The City will also perform routine inspections of the gravel wetland and assist BCC with any maintenance needs related to the performance and functionality of the gravel wetland. The City of South Burlington's Department of Public Works has four full-time stormwater maintenance staff who currently maintain 84 stormwater BMPs across the City. The Burlington Country Club has landscaping equipment and expertise to maintain the gravel wetland and vegetation in the same manner as other high quality landscaping on the golf course. See attached letter confirming commitment to O&M from BCC. See attached letter from the City committing to project leverage funds and O&M. Payment for O&M has been included with the responsibilities of each party explained in Question 4. APPENDIX B – PUBLIC-PRIVATE PARTNERSHIP (P3) GUIDANCE Stormwater Regulatory Public-Private Partnership (P3) definition: Collaboration of municipal and private landowners to complete stormwater treatment design and construction projects that maximize stormwater treatment and cost- effectiveness, resulting in a private landowner/permittee achieving compliance with the Three-Acre General Permit for its privately-owned site, and at least one of the following: 1. Municipal landowner/permittee a. achieves compliance with the Three-Acre General Permit for its municipally-owned/ operated site; and/or, b. implements an MS4 permit regulatory project (MS4 permit regulatory project definition: Project that contributes to an MS4 community meeting MS4 permit flow and/or phosphorus reduction targets, including projects identified by the MS4 community in a flow restoration plan (FRP) and/or phosphorus control plan (PCP). Excludes MS4 projects implemented to meet road standards. 2. Treatment of additional offsite non-regulatory/sub-jurisdictional stormwater from privately and/or publicly- owned land. Clarifying Points: 1. The existence of a stormwater regulatory public-private partnership (P3) in a project's proposed scope of work is incentivized in the following ways: x It allows access to implementation funds for Permit 3-9050 compliance for regulatory projects involving private land (without a partnership, private regulatory projects can only access design funds for Permit 3-9050 obtainment). x It removes the 50% leveraging requirement for MS4 community/private permittees. 2. Projects envisioned under this partnership are to address a single BMP or a cluster of BMPs on a single site or on adjacent sites. Multiple BMPs can be packaged under one stormwater regulatory public-private partnership project if more than one BMP is needed to cost effectively manage stormwater from the site(s). BMPs packaged under a single project must be geospatially and functionally related such that BMPs can progress through a single design and implementation plan fulfilling regulatory requirements, obtaining permit coverage and achieving permit compliance (construction) on the same timeline. Proposed projects may not “bundle together” geospatially distinct BMPs (for example, one project on a private site, and a second project on a public site far across town) to meet this stormwater regulatory public-private partnership (P3) definition. Goals for CWIP in incentivizing P3 partnerships: 1. Additionality. CWIP hopes that Vermont can achieve greater cost-effectiveness in the design and construction of stormwater treatment practices and operations and maintenance (O&M) of those practices and reduce the strain on existing engineering and construction capacity by combining projects or permit requirements or scaling up to include sub-jurisdictional treatment. 2. Agreed upon and technically competent O&M party. CWIP is clarifying that the O&M party does not have to be the municipality but would like to see a named entity with prior O&M or stormwater experience and access to the necessary equipment, staffing and tools to perform needed O&M tasks. If a permittee chooses to engage in a partnership that identifies a separate entity to perform O&M tasks, the permittee is still ultimately responsible for ensuring successful completion of this work. Depending on the nature of the partnership agreement with the O&M entity, the permit holder may or may not still be expected to finance the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ate: March 2021Estimated Construction CostTotalUnit EstimatedItem No. Description of Item UnitPrice Quantity CostA-STORM WATER MAINSA-112" Perforated PVC Pipe (0-10' Deep) L.F. $40.00 70 $2,800.00A-212" Solid PVC Pipe (0-10' Deep) L.F. $40.00 7 $280.00A-324" HDPE Storm Pipe (0-10' Deep) L.F. $130.00 65 $8,450.00A-424" Cured in Place Pipe Lining L.F. $130.00 335 $43,550.00A- 5 30" HDPE Storm Pipe (0-10' Deep) L.F. $140.00 59 $8,260.00B-STORM WATER APPURTENANCESB- 1 Hydrodynamic Seperator EA. $16,000.00 1 $16,000.00B- 2 Weir Wall EA. $1,500.00 2 $3,000.00B- 3 4' Diam Precast Drainage Structure V.F. $585.00 9 $5,265.00B- 4 5' Diam Precast Drainage Structure V.F. $640.00 12 $7,680.00B- 5 3' Diam Nyloplast Structure V.F. $770.00 10.5 $8,085.00B- 6 Remove Existing Storm Drain Structure EA. $850.00 1 $850.00B- 7 12" Solid PVC Riser L.F. $42.00 15 $630.00C-EARTH WORKC- 1 Rock Excavation C.Y. $125.00 25 $3,125.00C- 2 Boulder Excavation C.Y. $55.00 25 $1,375.00C- 3 Misc. Extra and Below Grade Earth Excavation C.Y. $40.00 50 $2,000.00C- 4 Cut & Fill Common Excavation C.Y. $13.00 100 $1,300.00C- 5 Cut & Disposal of Common Excavation C.Y. $20.00 9300 $186,000.00C- 6 Gravel Wetland Soil C.Y. $37.00 430 $15,910.00C- 7 Wetland Seed Mix S.Y. $2.50 2785 $6,962.50C- 8 Cedar Trees EA. $250.00 50 $12,500.00C- 9 3/8" Pea Stone C.Y. $43.00 215 $9,245.00C- 101 1/2" Crushed StoneC.Y. $40.00 1290 $51,600.00C- 11 TYPE I Stone C.Y. $65.00 175 $11,375.00C- 12 TYPE II Stone C.Y. $55.00 400 $22,000.00C- 13 Top Soil with Seed & Mulch C.Y. $40.00 100 $4,000.00C- 14 Geotextile Fabric S.Y. $13.00 400 $5,200.00D-ROAD WORKD- 1 Roadway Shoulder Repair S.Y. $25.00 25 $625.00D- 2 Permanent Bit. Pavement Repair – City Bikepath S.Y. $80.00 50 $4,000.00E-INCIDENTAL WORKE- 1 Class B Concrete C.Y. $375.00 5 $1,875.00E- 2 Calcium Chloride TON $700.00 1 $700.00E- 3 6' Tall Chain Link Fence L.F. $35.00 230 $8,050.00E- 4 Temporary Inlet Protection EA. $125.00 1 $125.00E- 5 Silt Fence L.F. $3.25 1400 $4,550.00E- 6 Check Dams EA. $300.00 2 $600.00F-LUMP SUM ITEMSF- 1 Preparation of Site and Miscellaneous Work (12%) L.S. 1 $54,884.10F- 2 Bonds (2%) L.S. 1 $9,147.35Total $521,999Use$530,000Notes:1Estimated Total$530,000215% Contingency$79,500.00Total Budgetary Construction Cost$609,500 11,633591.0 Burlington Country Club Gravel WetlandVermont Agency of Natural Resources8,812© Vermont Agency of Natural Resources448.01:WGS_1984_Web_Mercator_Auxiliary_SphereMeters448.00NOTESMap created using ANR's Natural Resources AtlasLEGEND224.00vermont.govDISCLAIMER: This map is for general reference only. Data layers that appear onthis map may or may not be accurate, current, or otherwise reliable. ANR andthe State of Vermont make no representations of any kind, including but notlimited to, the warranties of merchantability, or fitness for a particular use, norare any such warranties to be implied with respect to the data on this map.October 1, 2021THIS MAP IS NOT TO BE USED FOR NAVIGATION1" = 734 1cm = 88Ft. MetersShoreland 100' SetbackShoreland 250' SetbackWetland - VSWIClass 1 WetlandClass 2 WetlandBufferWetlands Advisory LayerRiver Main Stem WaterbodiesWBID WatershedsFlood Hazard Areas (Only FEMAE (1-percent annual chance floodpA (1-percent annual chance floodplaAO (1-percent annual chance zone feet)0.2-percent annual chance flood haRiver Corridors (Aug 27, 2019).5 - 2 sqmi..25-.5 sqmi.Soils - HydricParcels (standardized)Act250 Permits **INCOMPLETWaterbodyStream/RiverStreamIntermittent StreamTown Boundary 1 Christine Gingras From:Wilson, William <William.Wilson@vermont.gov> Sent:Thursday, October 7, 2021 1:01 PM To:Christine Gingras Subject:EXTERNAL: RE: Block Grant Appendix C for Project ID: 9109 ThismessagehasoriginatedfromanExternalSource.Pleaseuseproperjudgmentandcautionwhenopening attachments,clickinglinks,orrespondingtothisemail. HiChristine, TheDECStormwaterprogramissupportiveofthisproject.Thepermitauthorizationyouattachedauthorizestheearth disturbanceassociatedwiththeconstructionofthegravelwetland.WehavenottypicallyfiledouttheAppendixC formssincetheprojectwasalreadyapprovedintheFRPandanyfinalapprovalwouldbedonethroughpermittingor integrationwiththeMS4permit. Pleaseletmeknowifyouhaveanyquestions. Thankyou, Winn ȱ WinnȱWilsonȱ|ȱEnvironmentalȱAnalyst VermontȱDepartmentȱofȱEnvironmentalȱConservation WatershedȱManagementȱDivisionȱ|ȱStormwaterȱProgram Davisȱ3,ȱ1ȱNationalȱLifeȱDrȱ|ȱMontpelier,ȱVTȱ05620Ȭ3901 802Ȭ490Ȭ8019ȱȱȱȱ https://dec.vermont.gov/watershed/stormwaterȱ From:ChristineGingras<CGingras@southburlingtonvt.gov> Sent:Monday,October4,20211:03PM To:Wilson,William<William.Wilson@vermont.gov> Subject:BlockGrantAppendixCforProjectID:9109 EXTERNALSENDER:Donotopenattachmentsorclickonlinksunlessyourecognizeandtrustthesender. HiWinn, IampreparinganapplicationforMountAscutneyRegionalCommission’s–CleanWaterDesign&ImplementationBlock Grant(round5).SouthBurlingtonStormwaterServicesisseekinggrantfundstoimplementagravelwetlandonthe BurlingtonCountryClub(BCC)property–ProjectID:9109.Iseeyouhavehadpreviouscorrespondenceaboutthis projectwithEmmaleeCherington. IhaveattachedAppendixC:DECStaffprojectreviewform.Sincetheremaybemorethananacreofdisturbance,the grantapplicationrequiresyourreviewoftheproposedproject.Areyouabletoreviewreturntheattachedformtome, please?Ialsoattachedtheconstructiongeneralstormwaterpermit.Pleaseletmeknowifyouhaveanyquestionsor needadditionalprojectdetails. 2 Thankyouverymuchforyourtime. ChristineGingras ChristineGingras StormwaterProjectManager DepartmentofPublicWorks CityofSouthBurlington 104LandfillRoad SouthBurlington,VT05403 Cell(717)574Ͳ1018 (802)658Ͳ7961Ext.6111 www.sbvt.gov NoticeͲUnderVermont’sPublicRecordsAct,alleͲmail,eͲmailattachmentsaswellaspapercopiesofdocumentsreceivedorpreparedforuseinmattersconcerningCitybusiness, concerningaCityofficialorstaff,orcontaininginformationrelatingtoCitybusinessarelikelytoberegardedaspublicrecordswhichmaybeinspectedbyanypersonuponrequest,unless otherwisemadeconfidentialbylaw.Ifyouhavereceivedthismessageinerror,pleasenotifyusimmediatelybyreturnemail.Thankyouforyourcooperation. Please add this document to your land records for reference Wetland is Class III:Please be advised that I have confirmed that you have one or more Class III wetlands on your property. Class III wetlands are not protected under the Vermont Wetland Rules (VWR). No State Wetland permit is required for activities occurring in Class III wetlands. This report outlines the reasons for this decision. Because wetland character, size, and function can change over time, the Wetlands Program recommends seeking a reevaluation of wetland status every 5 years, to avoid a potential violation of the VWR. If you disagree with this decision you can petition for a formal wetland classification determination of Class II as outlined under the petition section of this report. The following table(s) document the reasons for this decision. Wetland Name: A Wetland Location:Spear Street; Across from Miller Farm Desktop Review Only? Yes No Site Visit Date:NA People Present:NA Wetland is Mapped: Yes No Wetland is contiguous to mapped wetland: Yes No Wetland was found to meet the following presumption(s) of significance: Presumptions have not been assessed. Wetland meets classification by other means. §4.6(a) over half an acre in size; §4.6(b) contains woody vegetation and is adjacent to a stream, river, or open body of water; §4.6(c) contains dense, persistent non-woody vegetation and is adjacent to a stream, river, or open body of water; §4.6(d) is a vernal pool that provides amphibian breeding habitat; §4.6(e) is a headwater wetland; §4.6(f) adjacent to impaired waters and the impairment is related to wetland water quality functions; §4.6(g) the wetland contains a species that appears in the NNHP database as rare, threatened, endangered or uncommon; or is a natural community type that is rare or uncommon; §4.6(h) has been previously designated as a significant wetland. Presumption Description Sketch Map of general wetland area (not a delineation): [Mapped wetland in teal, hydric soils in orange, advisory wetlands in green, wetland sketch in light blue, area #2020-763 Wetland Classification Report Tuesday, November 17, 2020 1:04 PM Classification Reports Page 1 reviewed in yellow] Photo: Preliminary Classification: Class II Class III Class III justification: Wetland is 1600 sf in size and isolated from other wetlands and waterbodies. Wetlands Determination Petition Process If you disagree with this report, you may request a formal determination of wetland classification, pursuant to Section 8 of the VWR. To request a §8 formal determination of wetland classification, please fill out and submit the petition form located on the Vermont Wetlands Program’s website “Permit Information” page. Formal determinations are appealable pursuant to 10 V.S.A. § 917. Pursuant to 10 V.S.A. chapter 220, any appeal of a formal wetland determination decision must be filed with the clerk of the Environmental Division of the Superior Court within 30 days of the date of the decision. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Division; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project, or facility with which the appeal is concerned; the name of the permittee; and any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Division is: 32 Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401 (Tel. # 802-951-1740). More Information is Available on the Wetlands Program Website For more on state wetland permitting and how to apply for a permit visit the Wetlands Permit Information Page, at http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info For more on wetland classifications visit the Jurisdictional Wetland Page at http://dec.vermont.gov/watershed/wetlands/jurisdictional For more about Allowed Uses visit the Allowed Uses Page at http://dec.vermont.gov/watershed/wetlands/bmps For more on wetland classification petitions and forms visit the Wetlands Permit Information Page, at http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info Classification Reports Page 2 To find a wetland consultant to help with applying for a permit or petitioning see our Wetland Consultant List Page at http://dec.vermont.gov/watershed/wetlands/what/id/wetland-consultant-list Other Wetland Permit Obligations In addition, the U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and/or fill material, including mechanized land clearing and grading, in all waters of the United States, including inland rivers, lakes, streams and wetlands. For detailed information on Corps permits and regulations call (802) 872-2893. It is the applicants responsibility to determine if your project also requires an Corps permit. In addition, your town may have local regulations regarding wetland protection. Please call your town clerk to verify any local regulations. Please add this document to your land records for reference Classification Reports Page 3 Please add this document to your land records for reference Wetland is Class III:Please be advised that I have confirmed that you have one or more Class III wetlands on your property. Class III wetlands are not protected under the Vermont Wetland Rules (VWR). No State Wetland permit is required for activities occurring in Class III wetlands. This report outlines the reasons for this decision. Because wetland character, size, and function can change over time, the Wetlands Program recommends seeking a reevaluation of wetland status every 5 years, to avoid a potential violation of the VWR. If you disagree with this decision you can petition for a formal wetland classification determination of Class II as outlined under the petition section of this report. The following table(s) document the reasons for this decision. Wetland Name: 2 Wetland Location:Just south of 655 Spear Street, South Burlington Desktop Review Only? Yes No Site Visit Date:8/3/2021 People Present:Tina Heath Wetland is Mapped: Yes No Wetland is contiguous to mapped wetland: Yes No Wetland was found to meet the following presumption(s) of significance: Presumptions have not been assessed. Wetland meets classification by other means. §4.6(a) over half an acre in size; §4.6(b) contains woody vegetation and is adjacent to a stream, river, or open body of water; §4.6(c) contains dense, persistent non-woody vegetation and is adjacent to a stream, river, or open body of water; §4.6(d) is a vernal pool that provides amphibian breeding habitat; §4.6(e) is a headwater wetland; §4.6(f) adjacent to impaired waters and the impairment is related to wetland water quality functions; §4.6(g) the wetland contains a species that appears in the NNHP database as rare, threatened, endangered or uncommon; or is a natural community type that is rare or uncommon; §4.6(h) has been previously designated as a significant wetland. Presumption Description: N/A Sketch Map of general wetland area (not a delineation): [Mapped wetland in teal, hydric soils in orange, advisory wetlands in green, wetland sketch in #2020-763 Wetland Classification Report Friday, August 6, 2021 10:53 AM Classification Reports Page 1 light blue, area reviewed in yellow] Photo: Preliminary Classification: Class II Class III Class III justification: Wetland is an isolated Phragmites patch, less than half acre in size. It is not connected to the wetlands associated with a tributary to Potash Brook. Wetlands Determination Petition Process If you disagree with this report, you may request a formal determination of wetland classification, pursuant to Section 8 of the VWR. To request a §8 formal determination of wetland classification, please fill out and submit the petition form located on the Vermont Wetlands Program’s website “Permit Information” page. Formal determinations are appealable pursuant to 10 V.S.A. § 917. Pursuant to 10 V.S.A. chapter 220, any appeal of a formal wetland determination decision must be filed with the clerk of the Environmental Division of the Superior Court within 30 days of the date of the decision. The Notice of Appeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Division; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and description of the property, project, or facility with which the appeal is concerned; the name of the permittee; and any permit involved in the appeal. The appellant must also serve a copy of the Notice of Appeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings. For further information, see the Vermont Rules for Environmental Court Proceedings, available on line at www.vermontjudiciary.org. The address for the Environmental Division is: 32 Cherry Street, 2nd Floor, Suite 303, Burlington, VT 05401 (Tel. # 802-951-1740). More Information is Available on the Wetlands Program Website For more on state wetland permitting and how to apply for a permit visit the Wetlands Permit Information Page, at http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info For more on wetland classifications visit the Jurisdictional Wetland Page at http://dec.vermont.gov/watershed/wetlands/jurisdictional For more about Allowed Uses visit the Allowed Uses Page at http://dec.vermont.gov/watershed/wetlands/bmps For more on wetland classification petitions and forms visit the Wetlands Permit Information Page, at http://dec.vermont.gov/watershed/wetlands/jurisdictional/permit-info To find a wetland consultant to help with applying for a permit or petitioning see our Wetland Consultant List Page at http://dec.vermont.gov/watershed/wetlands/what/id/wetland-consultant-list Other Wetland Permit Obligations In addition, the U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and/or fill material, including mechanized land clearing and grading, in all waters of the United States, including inland rivers, lakes, Classification Reports Page 2 streams and wetlands. For detailed information on Corps permits and regulations call (802) 872-2893. It is the applicants responsibility to determine if your project also requires an Corps permit. In addition, your town may have local regulations regarding wetland protection. Please call your town clerk to verify any local regulations. Please add this document to your land records for reference Classification Reports Page 3 TO: Jessie Baker, City Manager FROM: Ilona Blanchard, Community Development Director SUBJECT: TIF District FY21 Certification of Increment and Annual Report Presentation DATE: February 4, 2022 BACKGROUND: The City is required to report annually to the Vermont Economic Progress Council (VEPC) on the status of the South Burlington TIF District. Annual reports cover the prior fiscal year and the grand list against which taxes are levied in that fiscal year versus the TIF District’s Original Taxable Value (in 2012). The City Tax Assessor must also certify as to the increase or decrease in taxable value to the City Council. This Annual Report is on: • FY2021 (July 1, 2020 – June 31, 2021) expenditures, changes and events during that period. • 2020 Grand List (value and number of parcels/acres as of April 1, 2020) relative to the Original Taxable Value. Taxable Value Certification. Each year the City Assessor certifies the increase in taxable value of the TIF District as compared to the value on the April 1, 2012 (the Original Taxable Value). See attached certification for the 2020 Grand List. The taxable value for the 2020 Grand list was $50,887,100 in Municipal taxable value and $50,133,416 in Education taxable value, adding just over five million in taxable value over the 2019 Grand List. The difference in taxable value between municipal and education is due to how the state education fund values affordable housing. The Original Taxable Value is $35,387,700, thus, the increase in taxable value is $15,499,400 for Municipal taxable values and $14725,716 for Education taxable values. The increment for FY 2021 was $264,380. This is equal to 75% of the taxes levied on the increase in value on the April 1, 2020 Grand List. Memo, Continued, Page 2 This increment was moved into the TIF fund where it will be used to service TIF District financing debt for TIF District public projects. Annual Report. Staff completes a form which provides both information on the 2020 Grand List increment and changes to parcels and a FY 2021 district status report including development that has occurred, project expenditures that have been made, debt that has been incurred, expenditures to VT firms that have been hired by the City, employment created and businesses that have opened, and progress towards the criteria that were used to approve the TIF District. The TIF Fund Income “Interest Income on TIF Debt Proceeds” reported is interest from the bank account which holds the TIF District Financing debt proceeds prior to being requisitioned to fund a project expense. This revenue will be used to fund TIF eligible project costs similarly to TIF debt proceeds. Changes to Individual Parcels. In FY2021 there were numerous subdivisions of the South Burlington City Center, LLC property. These included the subdivision of lot B to create the site the South Burlington Public Library and City Hall is now on and the new road accessing the rear of this building and the RMCS site. The State Department of Taxes, as per statute, considers contiguous lots owned by the same entity to be one parcel. Thus, as land owners buy or sell off adjacent lots, these become inactive or active in terms of the Grand List. Inactive parcel’s value are added to that of the adjacent active parcel. Votes and Financing. At the completion of FY2021, the City had incurred $10,000,000 in TIF District financed debt. Voters have also authorized additional TIF District financing in March 2021 (Garden Street & Related Costs), which has not been issued. Only debt serviced with TIF District increment is reported. Improvements and Funding (Public Projects). Under public projects, the City has noted that in the year following this report, FY22, the Vermont Economic Progress Council approved a substantial change removing several projects from the plan and updating the timeline and costs. Furniture, Fixtures, and Equipment expenditures are excluded from South Burlington Public Library and City Hall (Municipal Building, Library, Senior Center) per State rules. While substantially constructed, additional expenditures will occur in FY22 on these projects. Memo, Continued, Page 3 Sources of Non-TIF Revenues. Note that the Reserve Fund line is to be updated. The amount listed in the “secured” column does not refer to reserve funds programmed to be used for direct project costs. Only reserve funds authorized for direct project expenditures, such as for 180 Market Street, should be classified with these non-TIF revenues directly funding project costs. Economic and Community Indicators. The City also reports on related costs (generally outreach, audits, and vote/bond legal support), TIF District real property (private) development, employment, funds paid to Vermont firms, transportation and business development, and as with last year, COVID-19 impacts. ATTACHMENTS: • Assessor and 2nd Party Reviewer Certification • FY 2021 Annual Report • TIF District at a Glance RECOMMENDATION: Accept Certification of Increment and presentation of Annual Report I. Municipality & District Reporting Period: Name of Person Completing Report Grand List Year: Title Email Address Telephone Date Report Completed II. OTV Total Acres OTV Total Parcels Current Acres Current Parcels Municipal (General Fund) Homestead Non Residential 1 2 3 4 5 6 Total TIF Revenue Source 1 2 3 4 5 $ 35,387,700 $ 1,094,200 $ 34,293,500 Municipal Homestead‐ Education Non Residential‐ Education Tax Increment Financing District Vermont Economic Progress Council Vermont Department of Taxes VEPC Staff Contact Information: Abbie Sherman, (802) 793‐0721, abbie.sherman@vermont.gov July 1, 2020 ‐ June 30, 2021South Burlington: City Center TIF District 2020Ilona Blanchard Community Development Director iblanchard@SouthBurlingtonVT.gov 802‐846‐4123 1/14/2022 NOTE: All information reported on this form by the municipality must be for the Reporting Period and Grand List Year identified above. Base Data (Original Taxable Value) 103.37 85 District Information: TIF District Data: Reports are due on or before January 15, 2022 Parcel Information 103.67 45 $ 35,387,700 Total Education Taxable Values as of April 1 Tax Rates Applied to the April 1 Grand List 0.5542$ 1.6337$ 50,887,100$ 1,094,200$ 49,019,216$ 50,113,416$ Municipal Homestead‐ Education Non Residential‐ Education Total Education 1.8105$ Increase (Decrease) in Taxable Values (auto‐calculated) List Special Municipal Tax Rates ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ 14,725,716$ 14,725,716$ Municipal Homestead‐ Education Non Residential‐ Education Total Education TIF Increment Revenue Retained for Reporting Year 64,423$ Non Residential‐ Education Total Education 0.5542$ ‐$ Total Special Municipal Tax Total Municipal (General Fund) & Special Rates ‐$ 199,957$ Other TIF Fund Income Education Municipal Total 15,499,400$ ‐$ Interest Income on TIF Debt Proceeds 1,406$ ‐$ ‐$ 199,957$ 264,380$ Municipal Homestead‐ Education Interest Earnings ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Total: ‐$ ‐$ 1,406$ 1/8 1 2 3 4 5 III. Public Vote Information. Check the appropriate box. Make sure to provide the date if information has been submitted to VEPC. Yes there were public votes and/or debt obligations during this reporting period. Vote and debt obligation documents were submitted to VEPC. (Enter date submitted) Vote and debt obligation documents are uploaded with this report. Term in Years Interest Rate Terminated1 30 3.39% 11 5.60% 2 17 2.21% 3 0 0.00% Total No Interest Paid Yes, please provide details. Fees/Other Costs Paid Total Paid Direct Payments: Enter the total amount of any TIF direct payments made during this period.‐$ Date Approved by Voters: Changes to Individual Parcels Describe Change Lots 0450‐00000.B1 and B2 were subdivided from 600‐188‐14489 (lot B) to build muni buildi Same owner and continguous lot B reduced in size with creation of lots B1, B2 ‐ difference Adjoining lots I, J, K under ownership of Blackbay Ventures XI continguous with H. Lots 0450‐00000.L, M1, M2, M3, and N were subdivided from 0450‐0000, and still contiguou Lot 0689‐00000.M2 subdivided from 0450‐0000 and still contiguous/same ownership SPAN Number 600‐188‐18279 600‐188‐14489 600‐188‐18253 600‐188‐18296, 18297, 6000‐188‐18257 1/1/2016‐12/31/2025Example: Main Street Lights ‐ General Obligation Bond 2017 TIF DEBT (Market St/CC Park) New Debt: 3,750,000$ 500,000$ 2,243,694$ Total Payment for Reporting Period Additional Information 600‐188‐14034 and 600‐188‐13157 are continguous but under different ownership (second partner is different) and so while these parcels were aggregated in 2019 under 600‐188‐14034, now they are reported separately. Votes and Financing: Debt Instruments Remaining Principal Balance TotalInterest Existing Debt: No public votes or debt obligations occurred during this reporting period. ‐ 3/12/2021; debt 9/16/ Principal Period (ie. 1/1/2016‐ 12/31/2026) Infrastructure and Debt March 2, 2021, voters approved TIF Financing in the amount of $4,002,500 for the Garden Street project and related costs. *** Debt materials were provided once signed documents were received from the Bond Bank (some delay from Bond Bank). 2020 TIF DEBT (City Hall/Senior Center/Public Library) 8/2/2017‐11/1/2037 8/6/2020‐11/1/2036 5,000,000$ 5,000,000$ ‐$ 10,000,000$ 71,374$ 5,000,000$ 3,250,000$ Refinancing. Was any portion of TIF District debt refinanced during this reporting period?Annual Debt Service Principal Paid ‐$ 233,507$ ‐$ 233,507$ Additional Information 1,032,165$ ‐$ 3,275,859$ 7,243,694$ ‐$ ‐$ 7,243,694$ ‐$ ‐$ 233,507$ 340,909 2,950,000$ 162,133$ 5,000,000$ 10,000,000$ 2/8 IV. Senior Center (Added by Substantial Change October 2018) ‐$ 3,575$ ‐$ ‐$ 3,467$ 203,375$ 43,898$ ‐$ Advanced plans for Dorset Street to Midas. Substantially completed and in use. Project substantially constructed. 4,275,533$ 4,168,332$ Approved to be removed from TIF District in FY 2022. ‐$ ‐$ 47,366$ 4 5 6 Williston Road Streetscape ‐ Build streetscape on Williston Road from Dorset Street to Hinesburg Road, north and south side to reduce pedestrian/bicycle vehicular conflicts, reduce the number of access points, and make alternative mode facilities more comfortable and safe. In the future, this roadway will serve as a gateway to City Center. Preliminary work for stormwater design got underway. ‐$ 900$ 900$ 7 Public Parking ‐ Build a public parking garage to serve parking needs in City Center. Approved to be removed from TIF District in FY 2022. ‐$ ‐$ ‐$ Garden Street ‐ Design, obtain right‐of‐way for and construct a street between Dorset Road at the Healthy Living access drive to Midas Drive, reconstruct Midas Street as needed as a commercial street and reconstruct the White Street/Williston Road intersection so that it functions as a standard cross intersection. Market Street ‐ Reconstruct Market Street from Dorset Street to Hinesburg Road. Street will be reconstructed with a streetscape, utility infrastructure, and street furniture. 203,375$ 785,766$ 5,426,545$ 6,306,622$ 11,733,167$ Check Total 386,301$ 399,465$ 8,443,865$ Municipal Building ‐ Construct a downtown City Hall which includes City functions related to the City Manager's Office, City Clerk, Planning and Zoning, and the Tax Assessor's Office. Project substantially constructed. 541,731$ 1,686,427$ 2,228,158$ 11,733,167$ 10 Library ‐ Provide a downtown Public Library separate from the High School as an integral part of the community by providing informational resources for educational and recreational needs of the community in an atmosphere that is welcoming and accessible to all, where communication of ideas, enlightenment of its citizens and personal enrichment can occur. 12 Name of Improvement ‐$ ‐$ 3,575$ ‐$ ‐$ Stormwater and Wetland Mitigation ‐Consolidated stormwater control and quality treatment system including stream and wetland restoration and mitigation. City Center Park/Dumont Park ‐ Create a City Center park with entries and permeable and hardscape trails through the Dumont Park Property and potentially Tributary 3 vicinity serving City Center. Improve stream as necessary to utilize area within the 100 ft. onservation zone, and provide bridge crossings. Add landscaping and furniture to enhance and protect natural area and make park inviting.City Center Park (Dumont & Tributary 3) ‐ Develop passive recreational infrastructure to build value into surrounding developments by providing adjacent greenery and natural area (woods and stream) park infrastructure. Central Urban Park ‐ Install a Central Green surrounded by Festival Streets on two sides of the Central Green that may be closed for events. Will include walkways, pedestrian oriented lighting, landscaping, and possibly an open air structure such as for markets. 1 2 3 Phase I substantially completed and in use. Approved to be removed from TIF District in FY 2022. Project substantially constructed. 9 11 Recreation Center ‐ This center will provide an indoor multi‐generational recreation facility for the community and surrounding area. The center will feature an indoor gymnasium, food prep, multi‐purpose activity space, class and meeting rooms, locker rooms, storage, offices and separate program areas for preschool, teens, and senior citizens, and performance space. Approved to be removed from TIF District in FY 2022. ‐$ 8 Improvements and Funding: Improvement Expenditures Total Improvement Expenditure for this report period The amount paid with Non‐TIF Revenues The amount paid with TIF Revenues Of the Total Expenditure listed: Pedestrian/Bicycle Bridge over I89 ‐ Design and build a pedestrian/bicycle bridge over I‐89 in the vicinity of Williston Road so that these alternative modes are not crossing four accesses to I‐89 and traveling directly adjacent to traffic. City applied for grant funding and refreshed cost benefit analysis. 12,563$ 7,600$ 20,163$ 3/8 Closed1 2 3 X 4 5 6 X 7 X 8 9 10 11 12 13 14 15 16 1 2 3 4 5 6 V. Other Reserves $ ‐ $ 323,160 $ 323,160 Recreation Impact Fee (City Special Fund) $ 123,364 $ 123,364 CCRPC ‐ Williston Road Streetscape (Federal, 2016) $ 100,000 $ 67,579 3,678,400$ No development occurred. There was no increase in assessed value. Dorset Square Associates (Blue Mall) ‐ A portion of the Dorset Square Associates is available for redevelopment on Dorset Street. Mary Street LLC (Russell Properties Only) ‐ 40,000 to 50,000 square feet to be developed as a hotel or residential housing. ‐$ Total Check ‐$ Performance Indicators: Standard Real Property Development South Burlington City Center ‐ Approximately 800,000 square feet to be developed over 20 years. Conceptualized several years ago as 50% commercial, likely to be 75% residential, 25% commercial if built now. The 800,000 square feet may include 75,000 square feet of institutional development (non‐taxable). 13,799,800$ Snyder‐Braverman continues to permit property for development. In FY21, the reporting year corresponding to the 2020 Grandlist, activity was limited to permitting, roadway stormwater pond construction. The 2020 GL reflects occupancy of the Garden Street Apartments, an affordable housing project and subdivision of lots L, N, M1, M2 and M3 (increase in value per the 2020 Grand list‐municipal shown edu is ‐$773 684) Timeline adjusted in 1 Malone Properties (Trader Joes and Healthy Living) ‐ Malone Properties is obtaining permits to develop 12,800 square feet of retail for a Trader Joes and 14,000 square feet for retail and office tenants to be determined. Should market demand in the area increase and parking/stormwater be resolved there may be infill development. 6,575,300$ Project completed in prior years. 2020 Grand List increase in assessed value shown (note that past year report had a typo and should have been this value which is unchanged). 2 3 ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ The amount paid with Education RevenueList and describe the related cost(s) RHR Smith and Company‐Annual TIF Audit‐$3,500 Stitzel, Page & Fletcher ‐legal ‐ $2,936.75 $ 4,512,985 $ ‐ $ 680,075 $ 680,075 $ 21,777,797 $ ‐ $ 7,600 $ 694,246 $ 6,306,622 $ ‐ $ ‐ $ 9,142 $ 5,485,665 $ 1,547,195 $ 52,661 $ ‐ $ 83,497 The amount paid with Municipal Revenue Total Cost for this report period. Total General Fund (all years) Market Street Federal Grants (2010) Roadway Impact Fees (City Special Fund) $ 2,200,000 $ 9,142 $ 5,485,695 $ 1,547,195 Library Foundation (incl. Blanchette) $ ‐ Federal Aid‐Williston Road Streetscape $ 800,000 Non‐TIF Revenues Reported under Improvement Expenditures Related Costs $ 10,493,605 CCRPC ‐ Pedestrian Bicycle X‐ing over I‐89 Exit 14 (Federal, 2017) $ 51,276 $ 70,472 $ 720 Municipal Debt Proceeds $ 13,222,506 Total Amount Spent this Period Reserve Fund (City Funded each year, established 2013) $ ‐ $ ‐ $ ‐ $ 108,144 Federal Aid‐Iby Street City Center Park Sources of Non‐TIF Revenues Total Amount Secured for Each Source Total Amount Spent to Date $ 6,306,622 $ ‐ $ ‐ $ ‐ Efficiency Vermont Rebate $ 5,600 $ ‐ $ ‐ Electric Vehicle Supply Equipment Grant $ 87,836 $ 87,836 $ 87,836 4/8 111 212 313 41423 0 56 0 21 0 54 0 22 0 55 0 Jobs at June 30, 2021 NAICS Code Increase or (Decrease)Previous Location (if known) NAICS Code Increase or (Decrease)Previous Location (if known) 11 0 53 12 No development occurred. There was no increase in assessed value. Timeline adjusted in 2021 Substantial Change.1,666,000$ 4 Poon Trust LLC ‐ Approximately 60,000 square feet to be development as residential, with commercial on the ground floor should the market support it. As reported in prior years, interior renovations and changes in use to apartments and two service businesses added value to the property. Timeline adjusted in 2021 Substantial Change.1,000,800$ 44,446,400$ Total Employment Opportunities New employees fulfilling the performance standard for the TIF District were reported in 2014. In FY2021, no new direct employees were reported. One unreported additional business closed in FY 2020 (none noted for FY 2021) Outback Steakhouse, in May of 2020. Additional Information In the FY 2020 Annual Report, under Sources of Non‐TIF Revenues, the Efficiency Vermont Rebate (line 11) was recieved in in FY2020 after the City had been reimbursed for the expenditure. This City non‐TIF revenue amount has been netted out in a FY2021 Requisition. ** FFE has been been tracked within the Library Non‐TIF Expenditure & Revenue 280‐10‐3609 account related to the Library building and will show up in the Annual Audit for expenditures and revenues, but these expenditures and revenues have been excluded from the Annual Report. Mandated 5 Various San Remo Drive Properties ‐ 120,000 square feet to be developed in multiple projects on non‐designated San Remo Drive properties to meet existing business expansion needs or accommodate new businesses. Most would be 3,000‐4,000 SF, with one or two full scale redevelopments on larger parcels such as owned by Champlain Oil, Champlain Farms or PC Construction. No development occurred. Timeline adjusted in 2021 Substantial Change. 15,075,700$ 9 South Burlington School District ‐ There is sufficient land area on this site that an infill building of approximately 70,000 square feet could be located on this property. .7 acres was put in use to support the development of the new South Burlington Public Library and City Hall. As this is a public use, no increase in value was recorded. This property was removed as a development potential in the 2021 Substantial Change.‐$ 8 Chastenay Estates ‐ Approximately 100,000 square feet of residential development is likely to occur on this parcel. No development occurred. 545,700$ 7 Sonrise Partnership ‐ Approximately 66,000 square feet of infill apartment development. No development occurred. Timeline adjusted in 2021 Substantial Change. 2,104,700$ 6 5/8 515 616 717 818 919 10 20 111 212 313 414 515 616 717 818 919 10 20 52 0 92 0 Total Jobs Increase (Decrease) (8) 48‐49 0 72 0 51 0 81 0 42 0 62 0 44‐45 (20) 71 0 31‐33 0 61 0 Additional Information Represents all project funding sources, not just TIF. Firms with offices in VT were counted as Vermont firms where the work was known to be completed in VT offices. Firms with only offices outside of VT were not counted, even if employees were in VT. TIF District Specific Transportation Enhancements Identify Source/Method for Obtaining Jobs Information The City checked with the City permitting and zoning office for records of new buildings and permits related to businesses that would indicate closures and openings within the TIF District during the report timeframe. The City also checked available records (news reports, google maps etc.) and made phone calls to individual businesses to acertain whether they had changed employment status in FY 2021. Noted decreases in employment were open unfilled positions. Vermont Firms Name of Vermont Firm Total amount of work performed Name of Vermont Firm Total amount of work performed Comcast, Comcast 345$ Stantec 55,308$ Consolidated 205$ Stitzel, Page & Fletcher 2,937$ Design Signs 3,575$ SunCommon 278,486$ Engelberth Construction 10,721,022$ S.W. Cole 9,531$ VHB 22,438$ Fuzzbuzz 16,998$ Third Sector 11,220$ Maja 1,000$ Vermont Gas 15,901$ Atlantic Art ‐ Phil Godenschwager 20,000$ Wiemann Lamphere 187,010$ Total Amount of Work Performed 11,643,039$ Signarama 10,029$ Wood & Wood 3,063$ South Burlington Realty 29,305$ JA McDonald 168,491$ Spafford 86,175$ 6/8 Market Street has been substantially completed (reported 2020). Required site improvements in the development of 180 Market Street created a shared use path between the RMCS Elementary School, expanding accessability to not only school children, but for after hours and weekend access from City Center and surrounding neighborhoods to the RMCS's extensive playgrounds and playing fields. As part of Library City Hall Senior Center development, the City also recieved a State grant to install an Electric Vehicle Charging Station "bank" that is open to the public 24‐7 in the building parking lot. Onsite covered bicycle parking (including a GreenRide BikeShare e‐bikeshare hub) was also integrated into the site. Business Development The new business employees fulfilling this performance standard for the South Burlington TIF District were reported in 2014. Since then, Allard Square has moved some offices to the TIF District and added an employee. In FY 22, the City of South Burlington will complete 180 Market Street, resulting in new jobs and services (government, not private sector). One additional business is known to already have opened in FY 22. Additional businesses would be expected to open as several sites remain vacant. It is unclear how likely they are to be filled in the near term ongoing pandemic conditions as they are well suited for large retail or restaurant operations. Over the this decade, additional commercial space is expected to develop bringing new opportunities for businesses. 7/8 Impact of COVID‐19 on Public and Private Improvement Projects Projects were delayed due to COVID‐19: • Garden Street – connect Trader Joes/Healthy Living to the Midas/White Street by Al’s French Fries and to Hinesburg Road. • Completion of City Center Park ‐ a boardwalk connection between City Center Park and City Center. • Williston Road Streetscape – Add bicycle facilities and identity to South Burlington’s front door (and a gateway to Vermont). Several projects will not be built due to the inability to hold conversations regarding public/private partnerships (these were removed by substantial change in calendar year 2021). Especially in the first year and a half of the COVID‐19 pandemic, the economic uncertainty made it impossible to have the types of conversations and obtain commitments to investments required for the public‐private partnerships that are preliminary to a public vote on debt. Private development company Snyder‐Braverman had planned (and for which they have the requisite subdivision approval) to have opened a 134 unit two‐building market rate project. Instead they broke ground on a smaller, third building that will have 40 below‐market rate (affordable) units. A fourth project that included commercial units and home ownership as a mixed use project has not advanced. They are also permitting (subdividing) a second parcel which will have smaller buildings then the 134 unit project that they have stated is next in the queue for development. Housing Changes (optional) Affordable Housing Market Rate Housing Total New000 Elminated000 Additional Information The following projects were removed by Substantial Change in December 2021 (outside this reporting year): Stormwater & Wetland Mitigation, Urban Park (Central Green), Recreation Center, and Parking Garage. Costs, timelines and revenues were adjusted. Net Total 0 0 0 8/8 180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.SouthBurlingtonVT.gov TO: Jessie Baker, City Manager FROM: Ilona Blanchard, Community Development Director CC: Colin McNeill, City Attorney SUBJECT: Consent Agenda item approving a resolution and certificate along with related legal documents necessary for the Vermont Bond Bank to issue general obligation bonds in a total amount of $1,400,000 ($ 0.43M of which is to be serviced with tax increment financing from the City Center TIF District) for the construction of the South Burlington Public Library and City Hall as authorized by ballot November 6, 2018. DATE: February 4, 2022 BACKGROUND: Recently the City Council authorized staff to apply to the Vermont Bond Bank for a bond in the amount of $1,400,000 to fund improvements related to the South Burlington Public Library and City Hall located at 180 Market Street (including the Senior Center). The City has been approved for $1,400,000 in bonded debt as part of an issuance that the Bond Bank will be making in February. The City’s Bond Counsel (Robert Fletcher) has provided a package of documents including for the City Council’s review and consideration for approval. Once signed, executed documents will be held by the City’s Bond Counsel to be released at closing. ATTACHMENTS: • Documents for approval and signature. RECOMMENDATION: Approve the resolution and certificate and authorize execution of the documents provided related to the issuance of general obligation bonds in the amount of $1.4 million. RESOLUTION AND CERTIFICATE (General Obligation) WHEREAS, at a meeting of the City Council of the City of South Burlington (herein called the “Municipality”) at which all or a majority of the members were present and voting, which meeting was duly noticed, called and held, as appears of record, it was found and determined that the public interest and necessity required certain public improvements to be constructed within the limits of the Municipality’s City Center Tax Increment Financing District (“TIF District”) herein described by reference to Exhibit A attached, and it was further found and determined that the cost of making such public improvements, after application of available funds and grants-in-aid from the United States of America or the State of Vermont, would be too great to be paid out of the operating revenues and other funds of the Municipality but that the same may be payable from then available, unallocated incremental tax revenue attributable to private property development in the TIF District retained by the City pursuant to the TIF District Financing Plan approved by the Vermont Economic Progress Council in March, 2015 (generally “TIF Funds”), and that a proposal for providing such improvements and the issuance of bonds of the Municipality to pay for its share of the cost of the same should be submitted to the legal voters at a special meeting thereof, and it was so ordered, all of which action is hereby ratified and confirmed; and WHEREAS, pursuant to the foregoing action, a special meeting of the Municipality was warned and held at the place and time appointed therefor, submitting an article of business to be voted upon by ballot between the hours stated in the Warning, all as appears by reference to Exhibit A attached hereto; and WHEREAS, the said Warning was duly recorded, published and posted, and said special meeting was duly convened and conducted, or was subsequently validated in the manner provided by law, all as appears of record, and which proceedings are hereby ratified and confirmed in all respects; and WHEREAS, immediately upon closing of the polls and after counting of the ballots cast, the results as set forth in Exhibit A hereto were declared by the Moderator, all as appears of record, and pursuant to which the Municipality is carrying forward the authorized improvements and pursuing the same diligently to completion; and WHEREAS, pursuant to powers vested in them by law the City Council is about to enter into a Loan Agreement (Exhibit B) on behalf of the Municipality with the Vermont Bond Bank (the “Bank”) respecting a Loan from the Bank in the amount of $1,400,000.00 repayable, and with interest, as follows: Payment Due Principal Amount Interest Rate As per Exhibits C1 and C2 attached AND WHEREAS, the bonds to be delivered by the Municipality to the Bank at the time of receiving the proceeds of said Loan (the “Bonds”) shall be substantially in the form attached hereto as Exhibits D1 and D2, which Bonds are hereby awarded and sold to the Bank at a price of par and accrued interest; THEREFORE, be it resolved that the City Council proceed forthwith to cause the Bonds to be executed and delivered to the Bank upon the prices and terms stated, and be fully registered as the law provides; and BE IT FURTHER RESOLVED that the Bonds, when issued and delivered pursuant to law and this Resolution, shall be the valid and binding general obligations of the Municipality, payable according to law and the terms and tenor thereof from TIF funds and from unlimited ad valorem taxes on the grand list of all taxable property of said Municipality as established, assessed, apportioned and provided by law; and BE IT FURTHER RESOLVED, that in addition to all other taxes, after taking into account TIF Funds allocated to pay the Bonds and other bonds issued by the City also to be repaid primarily from TIF funds, or any bond or bonds issued to refund or replace the same, and the interest thereon, annually there shall be assessed and collected in the manner provided by law until the Bonds, or any bond or bonds issued to refund or replace the same, and the interest thereon, are fully paid, a tax, user fee, charge or assessment sufficient to pay the interest on the Bonds or bonds and such part of the principal as shall become due; and BE IT FURTHER RESOLVED, that execution of the above-referenced Loan Agreement between the Municipality and the Bank is hereby authorized, the City Manager of the Municipality being hereby directed to execute the Loan Agreement on behalf of the Municipality and the City Council thereof; and BE IT FURTHER RESOLVED, that the Municipality expressly incorporates into this Resolution each and every term, provision, covenant and representation set forth at length in the Loan Agreement, the Loan Application made by the Municipality to the Bank (Exhibit E), and the Tax Certificate of the Municipality and the Post-Issuance Compliance Procedures included therein (Exhibit F) to be delivered to the Bank in connection with the issuance and sale of the Bonds, execution and delivery of each of which is hereby authorized, ratified and confirmed in all respects, and the covenants, representations and undertakings set forth at length in the Loan Agreement, Loan Application and Tax Certificate are incorporated herein by reference; and BE IT FURTHER RESOLVED, that all acts and things heretofore done by the lawfully constituted officers of the Municipality, and any and all acts or proceedings of the Municipality and of its City Council in, about or concerning the improvements hereinabove described and of the issuance of evidence of debt in connection therewith, are hereby ratified and confirmed. BE IT FURTHER RESOLVED, that in connection with the pending sale of the Bonds to the Bank, execution and delivery of the Bonds, this Resolution and Certificate, Loan Agreement, Tax Certificate, and incidental documents, all attached hereto, are authorized; and BE IT FURTHER RESOLVED, that Stitzel, Page & Fletcher, P.C., bond counsel to the Municipality, be authorized and empowered to take possession of said documents for delivery to the Bank, and to complete said documents by the inclusion of appropriate dates and ministerial changes at the direction of the City Council or its designated officers; and to acknowledge receipt of the proceeds of the Bonds on behalf of the Municipality; and BE IT FURTHER RESOLVED, that, to the extent required by the covenants, undertakings, representations and certifications for the benefit of the Bank set forth in the Municipality’s Tax Certificate, the Municipality's Treasurer and its bond counsel, after consultation with the Bank and its bond counsel, are authorized to order for purchase by the Municipality out of the proceeds of the Bonds such federal and state obligations as may be required to limit or restrict investment yield on the Bonds proceeds, (and, accordingly, to limit the yield on the proceeds of the bonds of the Bank issued to finance the purchase of the Bonds), thereby avoiding rebate payments by the Bank to the United States; and BE IT FURTHER RESOLVED, that to the extent proceeds derived from the sale of the Bonds will be used to reimburse the Municipality for capital expenditures previously made described in Exhibit A, this Resolution shall serve as a declaration of official intent under Section 1.150-2 of the Treasury Regulations (or a re-publication of any previously made declaration of official intent) to effect a reimbursement in an amount not to exceed the total of all previous capital expenditures; and BE IT FURTHER RESOLVED that the proceeds derived from the sale of the Bonds be deposited to the credit of the Municipality for requisition and disbursement as provided in the Loan Agreement. And we, the undersigned officers, as indicated, hereby certify that we as such officers have signed the Bonds dated as of February 24, 2022, payable as aforesaid, and reciting that they are issued under and pursuant to the vote hereinabove mentioned, and we also certify that the Bonds are duly registered in the office of the Treasurer of the Municipality as prescribed by law. And we, the officers of the Municipality, hereby certify that we are the duly chosen, qualified and acting officers of the Municipality as undersigned; that the Bonds are issued pursuant to said authority; that no other proceedings relating thereto have been taken; and that no such authority or proceeding has been repealed or amended. We acknowledge that information the Municipality has furnished to the Bank and others will be relied upon in the public offering of securities for sale. We represent that all information the Municipality has provided in connection with the Loan, the Bonds, the Loan Agreement, the Loan Application, the Tax Certificate and all certifications, statements, representations and records identified or referred to therein are true, accurate and complete to the best of our knowledge. We further represent that the Municipality has disclosed to the Bank and others all information material to the Loan, and the public offering of securities by the Bank, and has not failed to disclose any information it deems material for such purpose. We further certify that no litigation is pending or threatened affecting the validity of the Bond nor the levy and collection of taxes, charges or assessments to pay it, nor the works of improvement financed by the proceeds of the Bond, and that neither the corporate existence of the Municipality nor the title of any of us to our respective offices is being questioned. We further certify that all actions set forth in this resolution were proposed, considered and approved in a public meeting duly called, noticed and held in compliance with all applicable open meeting, public records access, and public procurement, bid and solicitation statutes. Dated: February __, 2022 ATTEST: SOUTH BURLINGTON CITY COUNCIL ______________________________ By: _________________________________ Clerk _________________________________ (Seal) _________________________________ _________________________________ _________________________________ All or a Majority of the City Council And By: _________________________________ Its Treasurer SON22-002 (Bond) REF RESOLUTN & CERT 22-02-27 (325PM) BONDS.docx EXHIBIT C1 / SCHEDULE A1 MATURITY SCHEDULE City of South Burlington Municipal Bonds Due November 1 Principal Amount 2022 $-0-2023 $-0- 2024 $ -0-2025 $-0- 2026 $-0-2027 $ 35,279.00 2028 $ 35,996.002029$ 36,726.002030$ 37,742.00 2031 $ 38,232.002032$ 39,009.00 2033 $ 39,801.002034$ 40,608.00 2035 $ 41,433.0020362037$ 42,274.00 $ 43,132.00 Total: $429,962.00 SON22-003 (Bond) EXHIBIT A1 (Amort Sch) REF 22-02-03 (300PM) BONDS.docx EXHIBIT C2 / SCHEDULE A2 MATURITY SCHEDULE City of South Burlington Municipal Bonds Due November 1 Principal Amount 2022 $38,802.002023$ 38,802.00 2024 $ 38,802.002025$ 38,802.00 2026 $ 38,802.002027$ 38,802.00 2028 $ 38,802.002029$ 38,802.002030$ 38,802.00 2031 $ 38,802.002032$ 38,802.00 2033 $ 38,802.002034$ 38,802.00 2035 $ 38,802.002036$ 38,802.002037$ 38,802.00 20382039 2040 2041 2042 2043 2044 2045 2046 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 Total: $970,038.00 SON22-004 (Bond) EXHIBIT A2 (Amort Sch) REF 22-02-03 (3PM) BONDS.docx 1 LOAN AGREEMENT (General Obligation) THIS LOAN AGREEMENT, dated as of February 24, 2022, between the VERMONT MUNICIPAL BOND BANK, a body corporate and politic constituted as an instrumentality of the State of Vermont exercising public and essential governmental functions and doing business as the Vermont Bond Bank (hereinafter referred to as the “Bond Bank”), created pursuant to the provisions of 24 V.S.A., Chapter 119, as amended (hereinafter referred to as the “Act”), having its principal place of business at Burlington, Vermont, and the CITY OF SOUTH BURLINGTON, a Vermont municipal entity (hereinafter referred to as the “Municipality”): W I T N E S S E T H: WHEREAS, pursuant to the Act, the Bond Bank is authorized to make loans of money (hereinafter referred to as the “Loan” or “Loans”) to Governmental Units; and WHEREAS, the Municipality is a Governmental Unit as defined in the Act, and pursuant to the Act is authorized to accept a loan from the Bond Bank, to be evidenced by its municipal bond purchased by the Bond Bank, and the proceeds of which will be held for the benefit of the Municipality by U.S. Bank, National Association, as disbursing agent (the “Disbursing Agent”) subject to requisition as set forth herein; and WHEREAS, the Municipality has applied to and has requested of the Bond Bank a loan as described herein (the “Loan”) and the Municipality will apply the proceeds of the Loan to pay the costs (the “Project Costs”) of financing or refinancing certain capital improvements (the “Project”), as described below, and the Municipality has duly authorized the issuance of two (2) bonds (the “Municipal Bonds”) to be purchased by the Bond Bank as evidence of the Loans in accordance with this Agreement, which Municipal Bonds shall be in substantially the form appended hereto by the Municipality as Exhibit B1 and B2; and WHEREAS, to provide for the issuance of bonds of the Bond Bank (the “Bond Bank Bonds”) in order to obtain from time to time monies with which to make such Loans, the Bond Bank has adopted the General Bond Resolution on May 3, 1988, as amended (herein referred to as the “Bond Resolution”) and will adopt a supplemental resolution authorizing the making of such Loan, inter alia, to the Municipality and the purchase of the Municipal Bond; NOW, THEREFORE, the parties agree: 1. The Bond Bank hereby makes the Loan, and the Municipality accepts the Loan. As evidence of the Loan, the Municipality hereby sells to the Bond Bank one (1) Municipal Bond in the principal amount of $ 429,962.00 at a price of $429,962.00 and one (1) Municipal Bond in the principal amount of $ 970,038.00 at 2 a price of $970,038.00. The Municipal Bonds shall each bear interest from the date of delivery to the Bond Bank at the rates per annum set forth in Exhibit A1 and Exhibit A2 hereto. Notwithstanding the foregoing, the Bonds shall bear interest at such rate or rates as shall be required for the Bonds to each comply with Section 601(2) of the Bond Resolution. 2. (a) The Municipality hereby acknowledges that the Bond Bank has entered into, or will enter into, a disbursing agent agreement with the Disbursing Agent for the deposit and disbursement of the proceeds of the Municipal Bonds. (b) Pending their disbursement, the proceeds of the Municipal Bonds shall be held by the Disbursing Agent. From time to time the Municipality shall requisition from the Disbursing Agent portions of the proceeds of the Municipal Bonds necessary to pay Project Costs. Such requisitions shall be made in the form attached hereto as Exhibit C. The Municipality shall certify to the Bond Bank and to the Disbursing Agent the name(s) and the title(s) of the person(s) authorized to execute and submit such requisitions. (c) Proceeds of the Municipal Bonds held by the Disbursing Agent shall be invested by the Disbursing Agent at the direction of the Municipality in accordance with the provisions of the Tax Certificate and consistent with the Investment Policy of the Bond Bank. (d) At the time of submission of the final requisition for Project Costs relating to the Project, including all retainage of Project Costs, the Municipality shall provide to the Disbursing Agent and the Bond Bank a Completion Certificate, in accordance with the provisions of Section 2(e). (e) The Municipality shall proceed with due diligence to complete the Project. Completion of the Project shall be evidenced by a certificate signed by the Municipality delivered to the Disbursing Agent and Bond Bank stating that the Project has been substantially completed so as to permit efficient use in the operations of the Municipality and setting forth any Project Costs remaining to be paid from the Project Fund established with the Disbursing Agent. 3. The Municipality has duly adopted or will adopt, prior to the Bond Bank’s purchase of the Municipal Bonds, all necessary resolutions and has taken or will take, prior to the Bond Bank’s purchase of the Municipal Bonds, all proceedings required by law to enable it to enter into this Loan Agreement and issue its binding obligations to the Bond Bank. 4. The Municipality shall make funds sufficient to pay interest as the same becomes due available to the Bond Bank on the first (1st) day of the month prior to each payment date for the Bond Bank Bonds. The Municipality shall make funds sufficient to pay the principal as the same matures (based upon the maturity schedules provided by and for the Municipality and appended hereto as Exhibits A1 and A2, respectively) available to the Bond Bank on the first (1st) day of the month prior to each principal payment date for the Bond Bank Bonds. All payments shall be made by Automated Clearing House (ACH) unless otherwise directed by the 3 Bond Bank. 5. The Municipality is obligated to pay fees and charges to the Bond Bank (hereinafter referred to as the “Fees and Charges”) within thirty (30) days of demand by the Bond Bank. Such Fees and Charges actually collected from the Municipality shall be in an amount sufficient, together with other monies available therefor, including any grants made by the United States of America or any agency or instrumentality thereof or by the State or any agency or instrumentality thereof: (a) To pay, as the same become due, the administrative expenses of the Bond Bank; (b) To pay an allocable share of financing costs incurred with respect to a series of Bond Bank Bonds, including fees and expenses of the attorney or firm of attorneys of recognized standing in the field of municipal law selected by the Bond Bank, trustees’ and paying agents’ fees and expenses, costs and expenses of financial consultants, underwriters or placement agencies, printing costs and expenses, the payment to any officers, departments, boards, agencies, divisions and commissions of the State of Vermont of any statement of cost and expense rendered to the Bond Bank pursuant to Section 4556 of the Act, and all other financing and other miscellaneous costs. (c) To pay an amount equal to a reasonable estimate of the interest that could have been earned by the Bond Bank on any funds advanced by the Bond Bank for the purposes described in 5(a) and 5(b) above, calculated at a rate equal to the highest rate on the Bond Bank’s unrestricted investments for the period during which such advances remain outstanding. 6. The Municipality is obligated to make the principal portion of each Municipal Bond payment scheduled by the Bond Bank on an annual basis and is obligated to make the interest portion of each Municipal Bond payment on a semi-annual basis and to pay the Fees and Charges imposed by the Bond Bank as set forth in Section 5 hereof. 7. The Bond Bank shall not sell and the Municipality shall not redeem any part of the respective Municipal Bonds prior to the date on which all outstanding bonds of the Bond Bank issued with respect to such Loan are redeemable, and in the event of any sale or redemption prior to maturity of the respective Municipal Bonds thereafter, the same shall be in an amount equal to the aggregate of (i) the principal amount, interest accrued to the redemption date and redemption premium, if any, needed to redeem a sufficient amount of Bond Bank Bonds to assure Bond Bank compliance with Section 601(2) of the Bond Resolution and (ii) the costs and expenses of the Bond Bank in effecting the redemption of the Bond Bank Bonds so to be redeemed, less the amount of monies available in the applicable sub-account(s) in the redemption account established by the Bond Resolution and available for withdrawal from the Reserve Fund and for application to the redemption of Bond Bank Bonds so to be redeemed in accordance with the terms and provisions of the Bond Resolution, as determined by the Bond Bank. 4 In no event shall any such sale or redemption of the Municipal Bonds, or either of them, be affected without the written agreement and consent of both parties hereto, which agreement shall specify the dollar amount to be paid by the Municipality. 8. Simultaneously with the delivery of the Municipal Bonds to the Bond Bank, the Municipality shall furnish to the Bond Bank an opinion of bond counsel satisfactory to the Bond Bank which shall set forth among other things the unqualified approval of the Municipal Bonds then being delivered to the Bond Bank and that the Municipal Bonds will constitute a valid and binding general obligation of the Municipality. 9. The Municipality shall be obligated to inform in writing the Bond Bank and the corporate trust office of the trustee for the Bond Bank Bonds at least thirty (30) days prior to each June 1st and December 1st of the name of the official to whom invoices for the payment of interest and principal should be addressed. 10. Notwithstanding Paragraph 13 hereof, prior to payment of the amount of the Loan, or any portion thereof, and the delivery of the Municipal Bonds to the Bond Bank or its designee, the Bond Bank shall have the right to cancel all or any part of its obligations hereunder if: (a) Any representation made by the Municipality to the Bond Bank in connection with its application for Bond Bank assistance shall be incorrect or incomplete in any material respect. (b) The Municipality has violated commitments made by it in its application and supporting documents or has violated any of the terms of this Loan Agreement. 11. If any provision of this Loan Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Loan Agreement and this Loan Agreement shall be construed and enforced as if such invalid or unenforceable provision had not been contained herein. 12. This Loan Agreement may be executed in one or more counterparts, any of which shall be regarded for all purposes as an original and all of which constitute but one and the same instrument. Each party agrees that it will execute any and all documents or other instruments, and take such other actions as are necessary, to give effect to the terms of this Loan Agreement. 13. No waiver by either party of any term or condition of the Loan Agreement shall be deemed or construed as a waiver of any other terms or conditions, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, clause, phrase, or other provision of this Loan Agreement. 14. This Loan Agreement merges and supersedes all prior negotiations, 5 representations, and agreements between the parties hereto relating to the subject matter hereof and constitutes the entire agreement between the parties hereto in respect thereof. 15. (a) The Municipality covenants that it will not take any action, or fail to take any action, if any such action or failure to act would adversely affect the exclusion from gross income of interest on the Bond Bank Bonds under section 103(a) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (collectively, the “Code”). In furthermore of the foregoing covenant, Municipality covenants to comply with covenants in its Tax Certificate. (b) The Municipality agrees to provide to the Bond Bank such information and detailed records as is required, and not otherwise available from the Disbursing Agent, for the calculation by the Bond Bank of the rebate requirement imposed by Section 148 of the Code which, in part, will require a determination of the difference between the actual aggregate earnings of the investment of the proceeds of an issue of Bond Bank Bonds (including proceeds of the Municipal Bonds, or either of them) and the amount of such earnings assuming a rate of return equal to the yield on such issue of Bond Bank Bonds. (c) In the event the proceeds of the Municipal Bonds are no longer expected to be expended for the purpose(s) for which they were issued, the Municipality shall endeavor to find an alternative expenditure of such proceeds that complies with the requirements of the Code, the covenants in the Municipality’s Tax Certificate and the other tax covenants contained in the Agreement for lawful purposes which may be financed by tax-exempt bonds. Any such proposed substitute expenditure shall be reported promptly to the Bond Bank before it is made and shall be accompanied by Counsel’s Opinion (as defined in the Bond Resolution) certifying to the legality of such substitute expenditure and to the effect that the substitution shall not have an adverse effect on the continuing exclusion of interest paid and to be paid on the related Bond Bank Bond for federal income tax purposes. (d) The Municipality shall comply with and perform its undertakings set forth in its Tax Certificate executed coincident with the delivery of the Municipal Bond to the Bond Bank, including Schedule D thereof (Municipal Bond Post-Issuance Compliance Procedures). The Municipality shall retain all records of expenditures for a period of not less than 3 years after the payment of the Bond Bank Bond and furnish the Bond Bank with any and all documents necessary upon its request in order to show the compliance of each of the Municipal Bonds with the provisions of the Code and applicable regulations. (e) Notwithstanding anything in this Loan Agreement to the contrary, the obligation of the Municipality to comply with all tax covenants contained or referenced in this Loan Agreement and the Municipality’s Tax Certificate shall survive the defeasance or payment of the respective Municipal Bonds. 16. The Municipality agrees to provide to the Bond Bank upon request such certifications and information as the Bond Bank may reasonably request for 6 the Bond Bank to verify at any time the representations, expectations, procedures and covenants set forth in: (a) The Municipality’s Tax Certificate to be executed coincident with the delivery of the Municipal Bonds to the Bond Bank; and (b) The Bond Bank’s Tax Certificate executed coincident with the delivery of the Bond Bank Bonds to the purchaser(s) thereof. 17. The Municipality shall provide to the Bond Bank annually upon publication a copy of the annual report on the finances and administrative activities of the Municipality generated and distributed in accordance with 24A V.S.A. Ch. 13, §§ 110 and 904(e) and any independent auditor’s report on the financial statements of the Municipality. In addition, within thirty (30) days following a request by the Bond Bank, or such shorter period as prescribed under Securities Exchange Commission Rule 15c2-12, the Municipality agrees to furnish the Bond Bank with its most recent financial statements, explanatory notes and other financial and operating information as the Bond Bank may request. In addition, the Municipality agrees to notify the Bond Bank within ten (10) days of the occurrence of any notice event which has or may have an effect upon its financial condition or its ability to perform fully and timely any covenant, obligation or undertaking set forth in this Loan Agreement or the respective Municipal Bonds. As used in this paragraph, a notice event is any one of the following: (a)Actual or anticipated delinquency or default of payment of principal of or interest on either or both of the Municipal Bonds or any other debt obligation of the Municipality; (b)Any actual or anticipated default or breach on the part of the Municipality with respect to any term or provision of this Loan Agreement or like agreement to which the Municipality is a party; (c)Unscheduled draws on debt service reserves which reflect financial difficulties for the Municipality; (d)Unscheduled draws on any letter of credit, guarantee or similar credit enhancement which reflects financial difficulties for the Municipality; (e)Substitution of any entity furnishing the Municipality with credit or liquidity enhancement, or the failure of such entity to perform; (f)Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determination of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Municipal Bond, or other material events affecting the tax status of the Municipal Bond; (g)Material modifications of the rights of any person owning a legal or beneficial interest in the Municipal Bond; 7 (h)The actual or contemplated call, redemption, refunding or defeasance of either or both of the Municipal Bonds, or the sale, release or substitution of the improvements financed by the Municipal Bond; (i)Any change in the credit rating of the Municipality; (j)Tender offers with respect to either or both of the Municipal Bonds; (k)Bond Bankruptcy, insolvency, receivership, or similar event of the Municipality; (l)The merger, consolidation, or acquisition of the Municipality; (m)The sale or transfer of all or substantially all of the assets of the Municipality, whether absolute or pursuant to a management or operating agreement, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms; (n)The sale or disposition of assets financed by the respective Municipal Bonds, or a change of use thereof constituting "deliberate action" as defined in the Code; (o)A change in the identity or name of the Municipal Bond trustee, or the appointment of a successor or additional trustee, if material; (p)The incurrence of a financial obligation of the Municipality, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the Municipality, any of which affect security holders, if material; and (q)The default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the Municipality, any of which reflect financial difficulties. For the purposes of the event identified in subparagraph (k), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the Municipality in a proceeding under the U.S. Bond Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Municipality, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Municipality. For purposes of the events identified in subparagraphs (p) and (q), the term “financial obligation” means (i) a debt obligation, (ii) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (iii) a guarantee of (i) or (ii). 8 18. The Municipality acknowledges that information it has furnished the Bond Bank and others will be relied upon in the public offering of Bond Bank Bonds for sale. The Municipality represents that all information it has provided in connection with the Loan, the Municipal Bonds, this Loan Agreement, the Loan Application, the Municipality’s Tax Certificate and all certifications, statements, representations and records identified or referred to therein are true, accurate and complete to the best of the knowledge of the Municipality and its officers. The Municipality further represents that it has disclosed to the Bond Bank and others all information material to the Loan, and the public offering of Bond Bank Bonds, and has not failed to disclose any information it deems material for such purpose. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: VERMONT MUNICIPAL BOND BANK ________________________________ By: ________________________________ Vermont Municipal Bond Bank Chair Executive Director (SEAL) Attest: CITY OF SOUTH BURLINGTON ________________________________ By: _________________________________ South Burlington City Clerk Chair, City Council (SEAL) SON22-005 (Bond) LOAN AGRMT REF 22-01-31 (244 PM) BONDS.docx MUNICIPAL TAX CERTIFICATE (General Obligation) This Tax Certificate (this “Tax Certificate”) is being delivered as of February 24, 2022 (the “Closing Date”) by the City of South Burlington, Vermont (the “Municipality”), to the Vermont Municipal Bond Bank (the “Bond Bank”) in connection with the sale to the Bond Bank of one (1) General Obligation Bond of the Municipality in the principal amount of $ 429,962.00, and one (1) General Obligation Bond of the Municipality in the principal amount of $ 970,038.00 each dated as of the Closing Date (the “Municipal Bonds”) pursuant to the Loan Agreement between the Bank and the Municipality dated as of February 24, 2022 (the “Loan Agreement”). The Bond Bank is simultaneously issuing bonds dated the Closing Date (“Bond Bank Bonds”) for the purpose, among others, of financing the purchase of the Municipal Bond. The Municipality understands and agrees that the certifications and expectations set forth herein will be relied upon by the Bond Bank and its bond counsel in establishing that interest on the Bond Bank Bonds will be excluded from the income of the holders thereof for federal income tax purposes. The undersigned Treasurer and at least a majority of the City Council of the Municipality do hereby certify as follows: 1. We are the officers of the Municipality duly charged and responsible for issuing the Municipal Bond. The certifications and expectations set forth in this document are being given to enable the Bond Bank to make certifications and to have certain expectations pursuant to Sections 141 and 148 of the Internal Revenue Code of 1986, as amended, (the “Code”), and the Treasury Regulations promulgated thereunder (the “Regulations”). 2. The Municipality is a political subdivision of the State of Vermont and is an entity with general taxing powers, the power to incur debt, the power of eminent domain, and the power to enact and enforce police power measures. 3. The date(s), maturities, denominations and rates of interest of the Municipal Bond are as shown and more fully described in Schedules A1 and A2, attached hereto. 4. The proceeds of the Municipal Bonds will be used to provide funds for the purpose of financing the construction of specific public improvements located in South Burlington, Vermont, specifically capital improvements related to the construction of a City Hall, Senior Center and Library at 180 Market Street (the “Project”), as shown on Schedules B1 and B2 attached. No other amounts have a sufficiently direct nexus (within the meaning of Regulations Section 1.148-1(c)) to the Municipal Bonds or the Project to conclude that the amounts would have been used to finance the Project in the absence of the proceeds of the Municipal Bonds. 5. No proceeds of the Municipal Bonds will be applied to retire existing obligations (“Prior Obligations”) unless such Prior Obligations were used to finance Project costs on a “new money” basis, including timely reimbursement of Project costs advanced under a duly adopted notice of official intent, or as a part of a chain of exclusively current refundings of obligations issued on a “new money” basis (“Original Obligations”). No proceeds of the Municipal Bonds will be used to retire any Prior Obligations more than 90 days after the Closing Date. Proceeds, if any, invested during such 90-day period, pending application to retire Prior Obligations, may be invested without regard to yield. 6. The Municipality reasonably expects that at least 85% of the proceeds of the Municipal Bonds will have been expended within three years from the earlier of the Closing Date or the date of issuance of any Original Obligations. The Municipality has or will have incurred a binding obligation to a third party to expend on Project costs at least 5% of the proceeds of the Municipal Bonds and, if applicable, of the proceeds of each issue of Original Obligations within six months after the respective issue date(s) thereof. Work on the acquisition, construction or accomplishment of the Project will proceed with due diligence to the completion thereof. There are no unspent proceeds of any Prior Obligations. Proceeds not expended within three years shall be invested at a yield not in excess of the yield on the Bond Bank Bonds. 7. The total proceeds (including interest earnings therefrom) received from the sale of the Municipal Bonds with respect to the Project do not exceed the total cost of the Project. All proceeds of the Municipal Bonds will be deposited with the Disbursing Agent pursuant to the Loan Agreement. All such funds will be maintained in a segregated fund and not commingled with amounts from other sources and shall be requisitioned: (i) to reimburse the Municipality for Project costs advanced under a duly adopted notice of official intent; (ii) to retire Prior Obligations; or (iii) to pay Project costs after the date hereof, all as provided in the Loan Agreement. 8. Any reimbursement of an expenditure made prior to the issue date of the Municipal Bonds or any Original Obligations is pursuant to a declaration of official intent. In addition, any declaration of official intent of the Municipality to reimburse itself out of such proceeds for Project expenditures incurred before the Closing Date or the date of issuance of any Original Obligations, was adopted not later than 60 days after the date such expenditures were made. No expenditure has been or will be so reimbursed (a) more than 18 months after the later of the date the expenditure was made or the Project component to which it relates was placed in service and (b) more than three years after such expenditure was made. 9. No portion of the Project will be sold or otherwise disposed of in whole or in part, except due to normal wear and tear and obsolescence, while the respective Municipal Bonds are outstanding. Public use of the Project will continue for so long as the respective Municipal Bonds remain outstanding. The Municipality will notify the Bond Bank immediately in the event of any change in use or disposition of the Project. In such event, the Municipality will cooperate with the Bank to undertake remediation measures under Regulation Section 1.141-12 at the earliest opportunity so as to preserve the tax-exempt character of the Bond Bank Bonds. 10. Principal of and interest on the respective Municipal Bonds will be paid from taxes and other revenues of the Municipality. Funds designated for payment of the principal of and interest on the Municipal Bonds, whether or not deposited into a segregated debt service fund, will be expended within thirteen (13) months of the date of such designation. Any amounts received from the investment of such designated amounts will be used to pay debt service on the respective Municipal Bonds within one (1) year of the date of receipt. The debt service fund, if any, will be used to achieve a proper matching of revenues with principal and interest payments within each bond year and will be depleted at least once each bond year except for a reasonable carryover amount not to exceed the greater of (i) the earnings on the fund for the immediately preceding bond year or (ii) one-twelfth of principal and interest payments on the issue for the immediately preceding bond year. 11. Except for the debt service fund described in paragraph 10, if any, the Municipality has not created or established, and does not expect to create or establish, any sinking fund or other similar fund which the Municipality reasonably expects to use to pay principal or interest on the Municipal Bonds, or from which there is a reasonable assurance that amounts therein will be available to pay debt service on the Municipal Bonds. The Municipality has established a Capital Improvement Program Reserve Fund (“Reserve Fund”) that is intended to be used to pay costs related to the Municipality’s Capital Improvement Program projects. No portion of the Reserve Fund is specifically set aside to pay principal or interest on the Municipal Bonds and there is no reasonable assurance that amounts will be available in the Reserve Fund to pay debt service on the Municipal Bonds. If and to the extent any portion of the Reserve Fund is expected to be used to pay debt service on the Municipal Bonds, such portion will be invested in a yield that does not exceed the yield on the Bond Bank Bonds. 12. No portion of the proceeds of the Municipal Bonds will be invested, directly or indirectly, in federally insured deposits or accounts other than (a) investments of unexpended Bond proceeds for an initial temporary period until the proceeds are needed for the Project; and (b) investment of moneys on deposit in a bona fide debt service fund. No portion of the proceeds of the Municipal Bonds will be loaned or otherwise made available to any private person, nor shall any of such proceeds be expended or invested in a manner which will contribute to or result in the Bond Bank Bonds being classified as “hedge bonds” under Section 149(g) of the Code. 13. The Project is and will be owned by the Municipality and will not be leased to any person which is not a state or local government unit, or an instrumentality thereof. In addition, the Municipality will not enter into any contracts or other arrangements, including without limitation, management contracts, capacity guarantee contracts, take or pay contracts, or put or pay contracts, pursuant to which any persons have any right to use or make use of the Project on a basis not available to members of the general public or which confers special economic benefits on any private person. No private business use of the Project will be made without consent of the Bond Bank, which consent may be conditioned on the Bond Bank receiving an opinion of nationally recognized Bond Counsel that such use will not have an adverse effect on the tax-exempt status of interest on the Bond Bank Bonds. 14. The Municipality will do and perform all acts and things necessary or desirable in order to assure that interest paid on the Bond Bank Bonds shall, for purposes of federal income taxation, be excludable from the gross income of the recipients thereof. In that regard, the Municipality understands that the Bond Bank will be required to comply with arbitrage rebate and yield restriction requirements of Code Section 148 with respect to the Bond Bank Bonds and the Municipality agrees to fully cooperate with the Bond Bank in providing requested information and otherwise as set forth in the Loan Agreement. 15. In furtherance of the foregoing covenant with respect to the maintenance of the tax-exempt status of interest on the Bond Bank Bonds, the Municipality covenants to adhere to the record-retention requirements of Section 6001 of the Code and the Regulations and, in addition, adopts and commits to implement the procedures set forth in Schedule C which are intended to provide the following: (a) Assignment of tax-exempt compliance responsibilities to appropriate departments, officers, or employees. (b) Establishment and maintenance of books and records all obligations of the Municipality financed by a particular issue of Bond Bank Bonds. (c) Establishment of Code Section 148 compliant procedures for the investment of gross proceeds for all of the Municipality’s obligations financed by a particular issue of Bond Bank Bonds. (d) Maintenance of records relating to all allocations of expenditures of proceeds of all of the Municipality’s obligations financed by a particular issue of Bond Bank Bonds. (e) Periodic monitoring of use of proceeds of each issue of the Municipality’s obligations financed by a particular issue of Bond Bank Bonds, the investment and reinvestment of proceeds from the temporary investments thereof and the use of property acquired or financed by the proceeds of such obligations. 16. This Tax Certificate has been delivered to the Bond Bank as part of the record of proceedings and accompanying certificates with respect to the issuance of the Bond Bank Bonds. 17. On the basis of the foregoing, it is not expected that the proceeds of the Municipal Bonds will be used in a manner which would cause the Bond Bank Bonds to be “arbitrage bonds” or “private activity bonds” under Sections 103, 141 and 148 of the Code and the Regulations. To the best of our knowledge and belief, there are no other facts, estimates or circumstances that would materially change the foregoing conclusions. 18. There are and will be no other obligations of the Municipality: (a) sold within fifteen (15) days of the date of sale of the Bond Bank Bonds; (b) sold pursuant to a common plan of financing as was employed in the sale of the Bond Bank Bonds; and (c) expected to be paid from substantially the same source of funds. IN WITNESS WHEREOF, we have hereunto set our hands on behalf of the Municipality this 24th day of February 2022. CITY OF SOUTH BURLINGTON By: ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ All or a Majority of Its City Council And By: ____________________________ Its Treasurer SON22-006 (Bond) Draft MUNI TAX CERT REF 22-01-31 (248PM) BONDS.docx Schedule B1 1. Title of Bonds: $ 429,962.00 City of South Burlington TIF District General Obligation Registered Bond Total Principal Amount: $ 429,962.00 Dated: February 24, 2022 Maturity Date(s) Principal Amount(s) Interest Rate(s) As per attached specimen bond. 2. Title of Authorizing Resolution(s) or Ordinance(s) Resolution and Warning of City Council - September 5, 2018. City Council Motion Approving VBB Application - December 6, 2021. Resolution and Certificate of City Council - February 7, 2022. 3. Project Estimated Date Estimated Date of Completion All Proceeds Expended 180 Market Street TIF District Public Capital Improvements Funded with Proceeds December 1, 2021 December 30, 2022 SON22-007 (Bond) Sch B1 22-01-31 (323 PM) BONDS.docx Schedule B2 1. Title of Bonds: $ 970,038.00 City of South Burlington General Obligation Registered Bond Total Principal Amount: $ 970,038.00 Dated: February 24, 2022 Maturity Date(s) Principal Amount(s) Interest Rate(s) As per attached specimen bond. 2. Title of Authorizing Resolution(s) or Ordinance(s) Resolution and Warning of City Council - September 5, 2018. City Council Motion Approving VBB Application - December 6, 2021. Resolution and Certificate of City Council - February 7, 2022. 3. Project Estimated Date Estimated Date of Completion All Proceeds Expended TIF District Public Capital Improvements Funded with Proceeds December 1, 2021 December 30, 2022 SON22-007 (Bond) Sch B2 22-02-03 (929AM) BONDS.docx Schedule C1 1. Title of Bonds: $ 429,962.00 City of South Burlington TIF District General Obligation Registered Bond Total Principal Amount: $ 429,962.00 Dated: February 24, 2022 Maturity Date(s) Principal Amount(s) Interest Rate(s) As per attached specimen bond. 2. Title of Authorizing Resolution(s) or Ordinance(s) Resolution and Warning of City Council - September 5, 2018. Resolution of City Council to Apply to VBB – December 6, 2021. Resolution and Certificate of City Council – February 7, 2022. 3. Project Estimated Date Estimated Date of Completion All Proceeds Expended 180 Market Street TIF District Public Capital Improvements December 31, 2021 December 31, 2022 SON22-008 (Bond) Sch C1 22-01-31 (341) BONDS.docx Schedule C2 1. Title of Bonds: $ 970,038.00 City of South Burlington General Obligation Registered Bond Total Principal Amount: $ 970,038.00 Dated: February 24, 2022 Maturity Date(s) Principal Amount(s) Interest Rate(s) As per attached specimen bond. 2. Title of Authorizing Resolution(s) or Ordinance(s) Resolution and Warning of City Council - September 5, 2018. Resolution of City Council to Apply to VBB – December 6, 2021. Resolution and Certificate of City Council – February 24, 2022. 3. Project Estimated Date Estimated Date of Completion All Proceeds Expended TIF District Public Capital Improvements December 31, 2021 December 31, 2022 SON22-008 (Bond) Sch C2 22-01-27 BONDS.docx No. R-1 UNITED STATES OF AMERICA $ 429,962.00 STATE OF VERMONT CITY OF SOUTH BURLINGTON GENERAL OBLIGATION BOND The City of South Burlington (hereinafter called the “Municipality”), a body corporate and a political subdivision of the State of Vermont, promises to pay to the Vermont Municipal Bond Bank, or registered assigns, the sum of Four Hundred Twenty-nine Thousand Nine Hundred Sixty-two and 00/100 Dollars ($ 429,962.00) in installments on November 1 of each year as set forth below, with interest on each installment at the rate per annum set forth below opposite the year in which the installment becomes due: Year Principal Amount Interest Rate Year Principal Amount Interest Rate 2022 $ -0-%2030 $ 37,472.00 % 2023 $ -0-%2031 $ 38,232.00 % 2024 $ -0-%2032 $ 39,009.00 % 2025 $ -0-%2033 $ 39,801.00 % 2026 $ -0-%2034 $ 40,608.00 % 2027 $ 35,279.00 %2035 $ 41,443.00 % 2028 2029 $ 35,996.00 $ 36,726.00 % % 2036 2037 $ 42,274.00 $ 43,132.00 % % The interest rate of each installment shall run from the date of the original delivery of this Bond to the Vermont Municipal Bond Bank and payment therefor and until payment of each installment and such interest shall be payable semi- annually on November 1 and May 1 of each year in the amounts set forth in Exhibit A1 of the Loan Agreement with respect to this Bond between the Municipality and the Vermont Municipal Bond Bank. Both principal and interest on this Bond are payable in lawful money of the United States at U.S. Bank, National Association, in Everett, Massachusetts, or at its successor as Trustee under the General Bond Resolution of the Vermont Municipal Bond Bank. Final payment of the interest and principal of this Municipal Bond shall be made upon surrender of this Bond for cancellation at the bank or trust company at which this Bond is then payable. This Bond is issued by the Municipality for the purpose of financing specific, municipally owned capital improvements under and by virtue of Chapter 53 of Title 24, Vermont Statutes Annotated, the vote of its legal voters duly passed on November 6, 2018, and resolutions duly adopted by its City Council. This Bond is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted hereon by the Treasurer with a record of payments as provided hereon. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuing of this Municipal Bond have been done, have happened, and have been performed in regular and due form, as required by such law and vote, and for the assessment, collection and payment hereon of a tax to pay the same when due the full faith and credit of the Municipality are hereby irrevocably pledged. IN TESTIMONY WHEREOF, the Municipality has caused this Municipal Bond to be signed by at least a majority of its City Council and its Treasurer and its seal (if it has a seal) to be affixed hereto as of February 24, 2022. (Absence of a seal hereon means that the Municipality has no seal and no seal is required.) CITY OF SOUTH BURLINGTON _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ Attest: Treasurer SON22-009 (Bond) Bond Form1 22-02-03 BONDS.docx No. R-2 UNITED STATES OF AMERICA $ 970,038.00 STATE OF VERMONT CITY OF SOUTH BURLINGTON GENERAL OBLIGATION BOND The City of South Burlington (hereinafter called the “Municipality”), a body corporate and a political subdivision of the State of Vermont, promises to pay to the Vermont Municipal Bond Bank, or registered assigns, the sum of Nine Hundred Seventy Thousand Thirty-eight and 00/100 Dollars ($ 970,038.00) in installments on November 1 of each year as set forth below, with interest on each installment at the rate per annum set forth below opposite the year in which the installment becomes due: Year Principal Amount Interest Rate Year Principal Amount Interest Rate 2022 $ 38,802.00 %2034 $ 38,802.00 % 2023 $ 38,802.00 %2035 $ 38,802.00 % 2024 $ 38,802.00 %2036 $ 38,802.00 % 2025 $ 38,802.00 %2037 $ 38,802.00 % 2026 $ 38,802.00 %2038 $ 38,802.00 % 2027 $ 38,802.00 %2039 $ 38,802.00 % 2028 $ 38,802.00 %2040 $ 38,802.00 % 2029 2030 2031 2032 2033 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 % % % % % 2041 2042 2043 2044 2045 2046 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 $ 38,802.00 % % % % % % The interest rate of each installment shall run from the date of the original delivery of this Bond to the Vermont Municipal Bond Bank and payment therefor and until payment of each installment and such interest shall be payable semi- annually on November 1 and May 1 of each year in the amounts set forth in Exhibit A2 of the Loan Agreement with respect to this Bond between the Municipality and the Vermont Municipal Bond Bank. Both principal and interest on this Bond are payable in lawful money of the United States at U.S. Bank, National Association, in Everett, Massachusetts, or at its successor as Trustee under the General Bond Resolution of the Vermont Municipal Bond Bank. Final payment of the interest and principal of this Municipal Bond shall be made upon surrender of this Bond for cancellation at the bank or trust company at which this Bond is then payable. This Bond is issued by the Municipality for the purpose of financing specific, municipally owned capital improvements under and by virtue of Chapter 53 of Title 24, Vermont Statutes Annotated, the vote of its legal voters duly passed on November 6, 2018, and resolutions duly adopted by its City Council. This Bond is transferable only upon presentation to the Treasurer of the Municipality with a written assignment duly acknowledged or proved. No transfer hereof shall be effectual unless made on the books of the Municipality kept by the Treasurer as transfer agent and noted hereon by the Treasurer with a record of payments as provided hereon. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuing of this Municipal Bond have been done, have happened, and have been performed in regular and due form, as required by such law and vote, and for the assessment, collection and payment hereon of a tax to pay the same when due the full faith and credit of the Municipality are hereby irrevocably pledged. IN TESTIMONY WHEREOF, the Municipality has caused this Municipal Bond to be signed by at least a majority of its City Council and its Treasurer and its seal (if it has a seal) to be affixed hereto as of February 24, 2022. (Absence of a seal hereon means that the Municipality has no seal and no seal is required.) CITY OF SOUTH BURLINGTON _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ Attest: Treasurer SON22-009 (Bond) Bond Form 2 22-02-03 (119PM) BONDS.docx No. R-1 CITY OF SOUTH BURLINGTON $ 429,962.00 GENERAL OBLIGATION BOND DATED FEBRUARY 24, 2022 CERTIFICATE OF REGISTRATION It is hereby certified that this bond is a registered bond, the principal and interest due thereon payable only to the holder of record as appears in the office of the Treasurer of the issuing Municipality. This bond may be transferred by presentation of the same with an assignment in writing signed by the registered holder. Presentation shall be made to the Treasurer of the Municipality at the office of the Treasurer of the Municipality who shall record such transfer in the records of the Municipality and on the bond. The name and address of the original registered owner of this bond is Vermont Municipal Bond Bank, 100 Bank Street, Suite 401, Burlington, VT 05401. Dated as of the 24th day of February 2022. ________________________________ Treasurer SON22-010 (Bond) Reg Cert R1 22-02-03 BONDS.docx No. R-2 CITY OF SOUTH BURLINGTON $ 970,038.00 GENERAL OBLIGATION BOND DATED FEBRUARY 24, 2022 CERTIFICATE OF REGISTRATION It is hereby certified that this bond is a registered bond, the principal and interest due thereon payable only to the holder of record as appears in the office of the Treasurer of the issuing Municipality. This bond may be transferred by presentation of the same with an assignment in writing signed by the registered holder. Presentation shall be made to the Treasurer of the Municipality at the office of the Treasurer of the Municipality who shall record such transfer in the records of the Municipality and on the bond. The name and address of the original registered owner of this bond is Vermont Municipal Bond Bank, 100 Bank Street, Suite 401, Burlington, VT 05401. Dated as of the 24th day of February 2022. ________________________________ Treasurer SON22-010 (Bond) Reg Cert R2 22-02-03 BONDS.docx IRC SECTION 148 CERTIFICATION NAME OF MUNICIPALITY: CITY OF SOUTH BURLINGTON, VERMONT FEDERAL EMPLOYER IDENTIFICATION NO: 03-6000692 (1)List all outstanding debt (bond anticipation, grant anticipation notes and interfund loan notes) issued by the Municipality to provide temporary construction or other financing for the project(s) being financed permanently by the proceeds of the Municipality’s Bonds dated February 24, 2022 and being sold to the Vermont Municipal Bond Bank and the unexpended proceeds, if any, for each: Principal Unexpended Issue Date Amount Maturity Date Proceeds N/A None N/A None Date: February 24, 2022 _______________________________ Treasurer SON22-011 (Bond) SECT 148 CERT 22-01-27 BONDS.docx ASSIGNMENT SEPARATE FROM BOND FOR VALUE RECEIVED, the Vermont Municipal Bond Bank (the “Bond Bank”) hereby pledges, assigns and transfers unto U.S. Bank, National Association, Everett, Massachusetts, as Trustee for the benefit of holders of bonds of the Bond Bank issued under the Bond Bank’s General Bond Resolution adopted May 3, 1988, as amended, general obligation bonds of CITY OF SOUTH BURLINGTON, VERMONT in the aggregate principal amount of $ 1,400,000.00, evidenced by two separate bonds identified as No. R-1 and R-2 herewith, outstanding in the name of the Bank on the books of said Governmental Unit. Dated: February 24, 2022 VERMONT MUNICIPAL BOND BANK By: __________________________________ Chair/Executive Director CERTIFICATE OF REGISTRATION OF TRANSFERS The Bond is registered in the name of the transferee noted hereon on the books of the Governmental Unit kept by the Treasurer as transfer agent. Date Name of Date of to Which Aggregate Balance of Signature Registered Registration Interest Principal Principal of Transferee of Transfer Paid Paid Due Treasurer U.S. Bank, National Association, as Trustee for the Vermont Municipal Bond Bank SON22-012 (Bond) ASSIGN SEP FROM BOND combined 22-02-03 BONDS.docx RECEIPT Received of the Vermont Municipal Bond Bank the sum of $1,400,000.00 being in full payment for bonds of the City of South Burlington dated February 24, 2022, this day sold and delivered to said Bank. Dated this 24th day of February 2022. CITY OF SOUTH BURLINGTON By: _________________________________ Duly Authorized SON22-013 (Bond) RECEIPT 22-01-27 BONDS.docx 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov MEMORANDUM TO: South Burlington City Council Jessie Baker, City Manager FROM: Paul Conner, AICP, Director of Planning & Zoning SUBJECT: Second Public Hearing and Possible Action on Draft Land Development Regulations DATE: February 7, 2022 City Council Meeting This week’s meeting will include the Council’s second public hearing on the draft amendments to the Land Development Regulations. This draft includes the changes recommended by Legal Counsel, as approved for incorporation by the City Council on December 20th, and the supplemental changes approved by the City Council on January 18th. Following the Council’s January 18th meeting, a copy of the changed draft was provided to the City Clerk and Planning Commission in accordance with 24 VSA 4442(b). In accordance with that same statute, the Planning Commission reviewed the changes at their January 25th meeting and updated their Report. The Report revision, approved 7-0, is enclosed. Enclosed with your packet are: 1. Public Hearing Notice for February 7, 2022 Public Hearing 2. Redline version of Draft Amendments to the Land Development Regulations as warned 3. Amended Planning Commission Report on draft amendments 4. Public Comments received by staff between January 3 (first public hearing) and the distribution of this packet Recommended Public Hearing Council Actions: Motion to open Public Hearing: I move to open the Public Hearing on the proposed amendments to the Land Development Regulations as warned for the February 7th, 2022 City Council meeting. Recommended motion to close Public Hearing: I move to close the Public Hearing on the proposed amendments to the Land Development Regulations as warned for the February 7th, 2022 City Council meeting. Council possible actions following the public hearing: Following closure of the hearing, the Council may elect to adopt the draft Regulations, or to make changes, which would require an additional public hearing. A possible motion for adoption would be: “I move to adopt the proposed amendments to the Land Development Regulations as warned for the February 7th, 2022 City Council meeting.” 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov PROPOSED AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS Public Hearing Monday, January 3rd, 2022 at 7:30 pm Public Hearing Monday, February 7th, 2022 at 7:30 pm PLEASE TAKE NOTICE that the City Council will hold two public hearings on Monday, January 3, 2022 at 7:30 PM and on Monday, February 7, 2022 at 7:30 PM to consider amendments to the Land Development Regulations. The amendments affect all parts of the City unless otherwise specified below. Each hearing will be held in person at City Hall Auditorium, 180 Market Street and remotely via GoToMeeting. Remote participation options on January 3, 2022: • Interactive Online: https://www.gotomeet.me/SouthBurlingtonVT/city-council-meeting01-03-2022 • Telephone: 1 (872) 240-3311; Access Code: 151-471-813 Remote participation options on February 7, 2022: • Interactive Online: https://www.gotomeet.me/SouthBurlingtonVT/city-council-meeting02-07-2022 • Telephone: (872) 240-3212; Access Code: 342-108-109 The purpose of each hearing is to consider the following: A. LDR-20-01: Replace Surface Water Protection Standards with Environmental Protection Standards, including existing 100-year floodplain, river corridor & stream buffer, wetland & wetland buffer, and stormwater management standards; establish standards regarding 500-year (0.2%) floodplain, habitat block, habitat connector, steep slope, and very steep slope standards; establish criteria to evaluate undue adverse effect; and related amendments referencing the above-listed resources. (Sections 2.02, 2.03, 3.01, 3.02, 9.06, 10.01, 10.06, Article 12) B. LDR-21-02: Generally amend or replace existing Subdivision, Master Plan, Planned Unit Development (PUD), Site Plan, Conservation PUD, Traditional Neighborhood Development PUD, Civic Space Types, Street Types, Building Type, and related zoning district, procedural, and site plan standards (Sections 2.02, 3.01, 3.06, 5.08, 6.05, 8.04, 17.08, Articles 9, 11, 11.A, 11.B. 11.C, 14, 15, 15.A, 15.C, 15.C, 11, Appendices C and E) C. LDR-20-08: Modify required setbacks applicable to arterial and collector roads (Section 3.06) D. LDR-21-04: Modify Southeast Quadrant sub-district boundaries including and between Natural Resource Protection, Neighborhood Residential, and Village Residential (Official Zoning Map) E. LDR-21-05: Change zoning of land to the west of Hinesburg Road, immediately south of I-89, from Industrial-Open Space to Residential 7-Neighborhood Commercial (Official Zoning Map) F. LDR-21-06: Modify Commercial 1- Residential 15 and Residential 4 boundaries in vicinity of Lindenwood Dr to more closely follow property lines (Official Zoning Map) G. LDR-21-07: Update city-wide stormwater standards, including for consistency with state regulations (Section 13.05, formerly 12.03) H. LDR-20-10: Establish maximum building envelopes for allowed development in the SEQ-NRP subdistrict, modify allowed building types (Section 9.12) I. LDR-20-17: Extend Southeast Quadrant zoning district residential building design standards city-wide, update standards (Section 13.17, formerly Sections 9.08, 9.09, 9.10) J. LDR-21-01 Require Solar-Ready Roofs for new buildings subject to Commercial Building Energy Standards (Section 3.18, formerly 3.15) K. LDR-19-07 Modify landscape requirements to allow for Solar Canopies in Parking Areas; (Section 13.04) L. LDR-20-22: Update to comply with Act 179 pertaining to accessory dwelling units, existing small lots, and conditional use criteria for multi-family housing (Sections 3.05, 3.10, 3.11, 14.11) M. LDR-20-25: Increase maximum allowed area of accessory structures and update for consistency with Act 179 (Section 3.10) N. LDR-20-28: Expand inclusionary zoning, offset, and bonus provisions city-wide, replacing existing bonus standards where existing (Sections 18.01, 18.02) O. LDR-21-03: Allow for “limited neighborhood commercial use” within a larger residential building for neighborhoods with Master Plan (Section 14.11) P. LDR-21-07: Exempt the conversion of a dwelling to a licensed child care facility from housing preservation requirements (Section 18.03) Q. LDR-20-21 Minor and technical amendments to include: o Modify retaining wall standards (Section 13.16, formerly 13.25); o Eliminate DRB review of Bus Shelters within city ROW (Section 13.09); o Amend RV Parking standards (Section 3.09); o Amend Traffic visibility standards for consistency (Section 3.06); o Update Airport Approach Cones & FAA review (Sections 3.07, 6.02, 6.03, 13.06 [formerly 13.03]); o Amend review standards of Earth Products (Section 14.11 [formerly 13.17]); o Amend review standards for Utility Cabinets and Similar (Section 13.12 [formerly 13.19]); o Re-organize standards for drive-throughs (Appendix C and Section 14.11 [formerly 5.01, 5.02, 13.11]); o Update & clarify height of Accessory Structures (Section 13.10); o Update additional Height Standards for consistency (Section 3.07); o Modify standards for structures requiring setbacks (Section 3.06); o Modify setbacks for pre-existing lots (Section 3.06); o Update setbacks and Buffer Strips for Non-Residential Uses Adjacent to Residential Districts for consistency (Section 3.06); o General re-organization, definitions updates, and corrections (throughout) Note: principal sections / articles affected or modified by each amendment are listed above; however, amendments are located throughout the regulations. A complete table of contents of the proposed articles is as follows: 1 Purpose and Title; 2 Definitions; 3 General Provisions; 4 Residential Districts; 5 Commercial Districts; 6 Industrial and Airport Districts; 7 Other Districts; 8 City Center Form Based Codes District; 9 Southeast Quadrant; 10 Selected Overlay Districts; 11.A Street Types; 11.B Civic Space Types 11.C Building Types; 12 Environmental Protection Standards; 13 Supplemental Regulations; 14 Site Plan & Conditional Use Review; 15.A Subdivisions; 15.B Master Plans; 15.C Planned Unit Developments; 16 Construction and Erosion Control Standards; 17 Administration and Enforcement; 18 Housing Standards; Appendices; Maps Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning, City Hall, 3rd Floor, 180 Market Street, and on the city website at www.sbvt.gov. Helen Riehle, City Council Chair, December 30, 2021 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sb vt.gov Land Development Regulations Adopted May 12, 2003 Amendments Adopted ************* Amendments Effective ****************** South Burlington Planning Commission Jessica Louisos, Chair Bernie Gagnon, Vice-Chair Monica Ostby, Clerk Paul Engels Duncan Macdonald Michael Mittag Ted Riehle South Burlington City Council Helen Riehle, Chair Meaghan Emery, Vice-Chair Tim Barritt, Clerk Thomas Chittenden Matt Cota Page 1 TABLE OF CONTENTS ii South Burlington Land Development Regulations Table of Contents 1 Purpose and Title 2 Definitions 3 General Provisions 4 Residential Districts 5 Commercial Districts 6 Industrial and Airport Districts 7 Other Districts 8 City Center Form Based Codes District 9 Southeast Quadrant (SEQ) / Transferable Development Rights 10 Overlay Districts 11.A Street Types 11.B Civic Space Types 11.C Building Types 12 Environmental Protection Standards 13 Supplemental Regulations 14 Site Plan & Conditional Use Review 15.A Subdivisions 15.B Master Plans 15.C Planned Unit Developments 16 Construction and Erosion Control Standards 17 Administration and Enforcement 18 Affordable Housing Standards Appendices Maps Consultants and Contributors: The City would like to acknowledge and thank all contributing consultants and expertise provided to the City in developing these Regulations and amendments. In addition, the City acknowledges the financial contributions made by the State of Vermont’s Agency of Commerce and Community Development through their Municipal Planning Grant Program. Page 2 ARTICLE 1 PURPOSE AND TITLE 1-1 South Burlington Land Development Regulations 1 PURPOSE and TITLE 1.01 Purpose and Compliance 1.02 Title 1.03 Separability 1.04 Effective Date of Implementation 1.01 Purpose and Compliance The purpose of these Land Development Regulations is to implement the Comprehensive Plan of the City of South Burlington; to promote the health, safety, and general welfare of the community; to secure safety from fire, panic, and dangers; to provide adequate light and air; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements, under and pursuant to the Vermont Planning and Development Act, as amended. 1.02 Title These provisions shall be known and may be cited as the South Burlington Land Development Regulations. 1.03 Separability Should any section, sub-section, paragraph, sentence, clause, provision, or phrase of these land development regulations be declared by any court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of any other portion of these land development regulations, except the section in question. 1.04 Effective Date and Implementation These regulations shall become effective twenty-one (21) days after the date of adoption by the City Council. On the date these regulations become effective, they will replace in its entirety the comprehensive revision of the City of South Burlington Land Development Regulations effective May 12, 2003 and as amended through October 7, 2019******, 2021. Page 3 ARTICLE 2 DEFINITIONS 2-1 South Burlington Land Development Regulations 2 DEFINITIONS 2.01 Rules of Construction, Intent and Usage 2.02 Specific Definitions 2.03 Definitions for Flood Hazard Purposes 2.01 Rules of Construction, Intent and Usage A. In the construction of these regulations, the following provisions and rules shall be applied, except when the context clearly requires otherwise: (1) The "City" is the City of South Burlington, Vermont. (2) Words used in the present tense shall include the future and words used in the future tense shall include the present. (3) Words in the singular number shall include the plural and words in the plural number shall include the singular number. (4) The words "shall" and "must" are mandatory and not optional or merely directory. (5) The words "may" and "should" are permissive. (6) The word "person" includes an individual, firm, association, corporation, partnership, trust, company or other organization, governmental body or agency, and any other legal entity. (7) The word "lot" includes the words parcel, plot, tract of land, or piece of land. (8) The words "used" or "occupied" include the words intended, designed or arranged to be used or occupied, employed for, constructed for, altered for, converted for, rented for, leased for, maintained for, utilized for, or occupied for. (9) The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (10) The terms “such as” and “for example” shall be considered as introducing typical or illustrative, rather than an entirely exclusive or inclusive designation of, permitted or prohibited uses, activities, conditions, establishments or structures. (11) A "building" or "structure" includes any part thereof. “Building” shall have the same meaning as “structure.” (12) The word "built" includes "erected," "constructed," "reconstructed," "altered," "enlarged," or "moved." (13) The word "premises" shall include land and buildings thereon. (14) The masculine gender shall include the feminine and neuter, and vice versa. (15) The words "adjacent" and "next to" shall have the same meaning as "abut." (16) The words "original" and “existing” mean the conditions existing on the effective date of these regulations. (17) Abbreviations. “SF” shall mean “square feet”, “GFA” shall mean “gross floor area”, “GLA” shall mean “gross leasable area”, “DU” shall mean dwelling unit, and “ROW” shall mean “right-of- way” Page 4 ARTICLE 2 DEFINITIONS 2-2 South Burlington Land Development Regulations B. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or," or "either...or," the conjunction shall be interpreted as follows: (1) "And" indicates that all the connected items, conditions, provisions, or events shall apply. (2) "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination. (3) "Either...or" indicates that the connected item, conditions, provisions, or events shall apply singly but not in combination. C. References made to officials and official bodies shall mean officials and official bodies of the City of South Burlington, unless the natural construction of the wording indicates otherwise. D. The word "regulation," "these regulations," "these land development regulations," "this ordinance," or “this bylaw” means the "City of South Burlington Land Development Regulations." E. Any word or phrase which is defined in this section, or elsewhere in these regulations, shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope. F. Any word or phrase that is not defined in this section, or elsewhere in these regulations, shall have its plain and commonly accepted meaning. G. Definitions contained in Title 24 of the Vermont Statutes Annotated, Chapter 117 shall be applicable throughout these regulations. 2.02 Specific Definitions Abandonment. The relinquishment of property, or a cessation of the use conducted on the property for a period of six (6) months within a twelve (12) month period, by the owner, tenant, or lessee, for reasons other than an act of God or access impeded by government action. Accessory structure or building. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. The accessory structure shall be located on the same lot. Prefabricated buildings may be regulated as accessory structures. Any portion of a principal building developed or intended to be devoted to an accessory use is not an accessory structure. Where an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, the accessory building shall be considered part of the principal building. Private garages must meet applicable setback requirements for principal structures. Utility cabinets that meet the requirements of Section 13.18 shall not be considered accessory structures. Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or purpose is incidental and subordinate to the principal use of the building or land. The accessory use shall be located on the same lot. An accessory use shall not be accessory to another accessory use. Adjacent. Either abutting or directly across the street. Page 5 ARTICLE 2 DEFINITIONS 2-3 South Burlington Land Development Regulations Administrative Officer. That person appointed by the City Council who has any authority these Regulations may confer upon him or her, and any Assistant Administrative Officer to administer the Regulations and to issue zoning permits. In the absence of a designated Administrative Officer, the City Manager shall function as the Administrative Officer. Adult use. An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or movie theater, cabaret, bookstore, or other) in which a person or persons appear in a state of nudity in the performance of their duties or material is available depicting person or persons in a state of nudity. Nudity shall be as defined in the South Burlington Public Indecency Ordinance. Affordable housing. A dwelling Unit: (A) Owned (1) The sales price for which does not exceed the maximum price for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan Statistical Area as defined by the United States Department of Housing and Urban Development (Burlington-South Burlington MSA); and (2) For which the total annual cost of ownership, including principal, interest, taxes, condominium association fees and insurance, does not exceed 30% of the gross annual income of a household at 80% of the median income for the Burlington-South Burlington MSA at the time of purchase; and (3) Which is owned by its inhabitants, whose gross annual household income at time of purchase does not exceed 100% of the median income for the Burlington-South Burlington MSA; and (4) The sales price for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA (B) Housing that is rented (1) The rent for which does not exceed the maximum price calculated for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; and (2) For which the total annual cost of renting, including rent, utilities, and condominium association fees, does not exceed thirty percent (30%) of the gross annual income of a household at 80% of the median income for the Burlington-South Burlington MSA at the time of initial occupancy; and (3) Which is rented by its inhabitants whose gross annual household income at time of initial occupancy does not exceed 80% of the median income for the Burlington-South Burlington MSA; and (4) The rent for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA This definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning). Page 6 ARTICLE 2 DEFINITIONS 2-4 South Burlington Land Development Regulations Affordable housing development. A housing development of which at least fifty percent (50%) of the dwelling units are Affordable Housing, pursuant to Section 18.02 of this ordinance. Agent of owner. Any person who can show written proof that he has authority to act for the property owner. Agriculture (Farming). Shall include any of the land use activities exempt from zoning regulation pursuant to 24 V.S.A. § 4413(d), as amended. Airport. A facility intended and used as the place where one or more fixed-wing or rotary-wing aircraft is regularly stored, maintained, or repaired while not in flight, and including an area that the aircraft may use to take off and land. Airport uses. Fixed- and rotary-wing operations together with retail sales and service operations related to public, private, and general aviation, including aircraft sales, repair, and storage, commercial shipping and storage, restaurants, rental vehicles, and other uses designed to serve aviation passengers and industry. Alteration. Any act or process that changes one or more of the exterior and interior architectural features or the exit facilities of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure, any change in doors or windows, any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another, any increase in height, and any change or rearrangement in the supporting members of an existing building or structure. The latter acts may involve bearing walls, columns, beams, girders or interior partitions. Alteration, Structural. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configurations of the roof or exterior walls. Animal shelter. A place where animals are provided with short-term shelter typically operated by a humane society or other non-profit organization. Such establishment may have either or both of an educational component or a residence, occupied by a household with at least one person employed full or part time in a caretaking capacity for the facility, as an accessory use or additional principal permitted use on the site. May or may not include associated outdoor exercise facilities. Apartment. See Dwelling, multi-family. Applicant. A person submitting an application. Application for development. The application form and all accompanying documents and exhibits required of an applicant by an approving authority for development review purposes. Approved plan. Prior to January 1, 1996, a plan that is conditionally approved under the provisions of this chapter, unless specifically provided otherwise. After January 1, 1996, a plan that has been granted final approval by the appropriate approving authority. Approving authority. The agency, board, group or other legally designated individual or authority that has been charged with review and approval of plans and applications. Area affected. (A) The area of land that is the subject of the proposed action; (B) as used under conditional use review, the vicinity of the land that is the subject of the proposed action, as defined by the purpose or Page 7 ARTICLE 2 DEFINITIONS 2-5 South Burlington Land Development Regulations purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan Artist production studio. A building or portion thereof used for persons engaged in the application, teaching or performance of fine arts such as, but not limited to, vocal or instrumental music, dance, or the creation of original handmade art or craft items. Assisted living facility. A multi-family, residential group facility that provides a combination of housing, supportive services, and personalized assistance for persons needing help with activities of daily living. Such activities may include bathing, grooming, and medical reminders. Meals are provided in a central location on site. Dwelling units may or may not have conventional kitchens. Attic. The part of a building that is immediately below and wholly or partly within the roof framing. Auto & motorcycle sales. A business enterprise engaged in the sale of automobiles or motorcycles. Auto & motorcycle sales, limited. A business engaged in the sale of automobiles and/or motorcycles not requiring a commercial drivers license (CDL) to operate, with not more than five (5) vehicles for sale on the premises at any one time. Auto & motorcycle service and repair. A business enterprise engaged in the servicing and repair of automobiles and/or motorcycles, including auto body repair or auto detailing, including the sale and installation of automobile and/or motorcycle parts and accessories. Includes Auto & Motorcycle Sales, Limited in conformance with these regulations. Auto rental, with private accessory car wash and fueling. A business enterprise engaged in the rental of automobiles. May include car wash facilities and fueling for the exclusive use by employees of the rental enterprise to clean and refuel the rental cars in preparation for a subsequent rental. Bar. (A) A business enterprise or part thereof used primarily for the retail sale or dispensing of liquor or alcoholic beverages for consumption on the premise, or (B) the part of a building, structure, or premise of a private club, association or organization that dispenses liquor or alcoholic beverage for consumption on the premises. Also known as a tavern or lounge. Basement. That portion of a building that is partly or completely below the average pre-construction level of the adjoining ground. A basement shall be considered as a story where the finished surface of the floor above the basement is: (1) More than four (4) feet above the average pre-construction level of the adjoining ground, or (2) More than twelve (12) feet above the pre-construction ground level at any point. Bed and breakfast. A detached single-family residence with four or fewer rooms for rent, accommodating a maximum of ten guests, for short-term overnight lodging by the day or by the week. The single-family residence must be the primary residence of the owner or operator of the bed and breakfast. Employment shall not exceed one (1) full-time employee in addition to the owner. Only a morning meal may be provided to guests. Bed and breakfasts are also known as tourist homes. Below market rate households. Households whose aggregate income does not exceed eighty percent (80%) of the county median income, as defined by the United States Department of Housing and Urban Development in the case of for-purchase housing, or does not exceed sixty-five percent (65%) of the county Page 8 ARTICLE 2 DEFINITIONS 2-6 South Burlington Land Development Regulations median income, as defined by the United States Department of Housing and Urban Development in the case of rental housing. Block. An area of land bounded by streets or by a combination of existing, planned, or proposed streets, or by physical features creating a barrier to the continuity of development such as public land, railroad rights-of- way, waterways, and municipal boundaries. Within the Transect Zones, street types applying under this definition shall include only existing public streets, planned streets, and street types listed as qualifying within the applicable Building Envelope Standards and Article 11. The perimeter of the Form Based Codes District also shall be considered an additional block delineation. Block length: The horizontal distance of a single block face, measured from the edge of the street right-of- way or other applicable feature. Block perimeter. The horizontal distance created by three or more block lengths in order to return to a point of origin that creates a land area. Buffer strip. Land area used to visually obstruct or spatially separate one use from another or to shield or block noise, light, or other nuisances. A strip may be required to include fencing, berms, shrubs, and/or trees. A buffer is typically placed between a structure or use and a side or rear property line. Build-to zone. The area on the lot where a building façade must be located, measured as a minimum and maximum range from the closest street line of an existing or planned street right-of-way. Build-to-zone, Primary. The build-to-zone where a specified percentage of a building’s façade must be located, as determined by the Building Envelope Standards for the applicable District. Build-to-zone, Secondary. The build-to-zone where a specified percentage of a building’s façade may be located, as determined by the Building Envelope Standards for the applicable District. Buildable Area. See Section 15.A.11 Building. A structure having a roof supported by columns or walls, and used or intended for the shelter or enclosure of persons, animals, or equipment, goods, or materials of any kind. The connection of two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or without a roof, shall not be deemed to make them one building. Buildings shall be classified as Principal or Accessory. Building Break. Variations in a building façade that include: building height variation, building vertical plane shift (bump outs / step backs), and building section variation that protrude or step back from the front or top of the building by at least two (2) feet for a minimum width of five (5) feet, and major material change (such as brick to stone or hardi-plank) extending the majority of the vertical plane of the building for a width of at least twenty (20) feet. Such an interruption in the continuous line of a building facing a street may include variations in the façade of the building as well as stoops, porches, permanent structural awnings, inverted dormers and picture windows. See the diagrams contained within Article 8 for examples. This term also may apply to structures where specifically referenced in these Regulations. Building Envelope. A designated area or portion of a lot, delineated on a subdivision plat, within which all structures, parking and loading areas, and clearing of land must be located, with the exception of driveways Page 9 ARTICLE 2 DEFINITIONS 2-7 South Burlington Land Development Regulations and utility lines. A building envelope shall be defined by minimum setback and maximum height requirements unless otherwise specified in these Regulations. Building Envelope Standards (BES). Standards for the design of structures and related site features within these Regulations. Building coverage. The ratio of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area. Building façade. The face of a building that delineates the edge of enclosed floor space. For example, the building face of a two-story structure with a one-story porch is the two-story elevation of the building. Building footprint. The area of land physically occupied by a building on the ground, including any deck, porch, or other appurtenant structure attached to the building, and any area of land over which any portion of a building or appurtenant structure overhangs. The building footprint does not include uncovered patios, walkways, driveways, landscaping or other unattached structures. Building line. Front. The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line. A lot with two or more front lot lines shall have a front building line for each front lot line. Rear. The line, parallel to the rear lot line, that passes through the point of the principal building nearest the rear lot line. In the event that a property has two or more front lot lines and no rear lot lines, the rear building line shall be the line that is both (a) parallel to the side lot line that passes through the point of the principal building nearest the side lot line and (b) parallel to the Primary Building Façade. Building, principal. A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any building that contains one or more dwelling units, except an Accessory Dwelling Unit, shall be deemed to be a principal building on the lot on which it is located. Building width. The average length of a building measured along the side most closely parallel to its adjacent public street(s). Bulk requirements. Standards that control the height, density, and location of structures. Bulk storage. The storage of chemicals, petroleum products, and other materials in above ground containers or areas for subsequent resale to distributors or retails dealers or outlets and not directly to the consuming public. Bulkhead line. A line along a navigable water offshore from which no fill or structure is permitted. Bus terminal. Any premises for the short term parking (i.e., fewer than 12 hours) of motor-driven buses and loading and unloading of passengers. Bus terminals may include ticket purchase facilities, but shall not include bus maintenance facilities. Bus terminals may also include hubs where three or more routes converge and allow the transfer of passengers between routes. Page 10 ARTICLE 2 DEFINITIONS 2-8 South Burlington Land Development Regulations Bylaws. Zoning regulations, subdivision regulations, or an Official Map adopted under the authority of 24 VSA Chapter 117. Caliper. The diameter of a tree trunk measured at six (6) inches above the ground for trees up to and including four (4) -inch caliper size, and as measured at twelve (12) inches above the ground for larger sizes. Campus. The premises of a public or private college, university, school, hospital, or other institution. Cannabis Dispensary. a nonprofit entity registered under section 18 VSA 4474e which acquires, possesses, cultivates, manufactures, transfers, transports, supplies, sells, or dispenses marijuana, marijuana-infused products, and marijuana-related supplies and educational materials for or to a registered patient who has designated it as his or her center and to his or her registered caregiver for the registered patient’s use for symptom relief. A dispensary shall not be located within 1000 feet of the property line of a preexisting public or private school or licensed or regulated child care facility. Cannabis Dispensary (dispensing only). A portion of a cannabis dispensary providing marijuana for symptom relief to registered patients. Cannabis Dispensary (cultivation only). A portion of a cannabis dispensary where the marijuana is cultivated. Canopy tree. Any large maturing tree which at maturity provides a crown width sufficient to shade a minimum of twelve hundred (1,200) square feet. Capacity study. An inventory of available natural and human-made resources, based on detailed data collection, which identifies the capacities and limits of those resources to absorb land development. Data gathered, relevant to the geographic information system, shall be compatible with, useful to, and shared with the geographic information system established under 3 V.S.A. § 20. Car wash. A building or premises or portion thereof used for washing motor vehicles, whether by automatic device or self-service. Cellar. A space partially or fully below ground level and with a floor-to-ceiling height of less than six and one- half (6.5) feet. Cellars shall not be counted as a story in the computation of the intensity of land use development or of gross floor area. See also Basement. Certificate of occupancy. A required permit allowing occupancy of a building, structure, or premise after it has been determined that all requirements of applicable ordinances have been met. Change of use. The modification of a use of a building or land, or the replacement of a use of a building or land with another use or uses, or the addition of a use or uses to a building or land, or the cessation of a use or uses of a building or land. Child care facility. An establishment operated as a business or service on a regular or continual basis, whether for compensation or not, to provide care, protection, supervision and/or education for children under the age of 16 outside their homes for periods of fewer than 24 hours a day by a person other than a child's own parent, guardian or relative as defined by rules adopted by the Vermont Department for Children and Families, but Page 11 ARTICLE 2 DEFINITIONS 2-9 South Burlington Land Development Regulations not including a kindergarten approved by the State Board of Education. Licensed family child care home: A child care facility which provides care on a regular basis in the caregiver’s own residence for not more than 12 children at any one time and which complies with all State of Vermont requirements for licensure of child care facilities. Licensed non-residential child care facility: A child care facility operated outside of the caregiver’s own residence which complies with all State of Vermont requirements for licensure of child care facilities. Registered family child care home: a child care facility which provides for care on a regular basis in the caregiver's own residence for not more than 10 children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. For the purpose of this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours a day. These limits shall not include children who reside in the residence of the caregiver; except: (A) these part-time school-age children may be cared for on a full-day basis during school closing days, snow days and vacation days which occur during the school year; and (B) during the school summer vacation, up to 12 children may be cared for provided that at least six of these children are school age and a second staff person is present and on duty when the number of children in attendance exceeds six. These limits shall not include children who are required by law to attend school (age 7 and older) and who reside in the residence of the caregiver. Chimney. A structure containing one or more flues for drawing off emissions from stationary sources of combustion. Church. See place of worship. Civic Space. Civic Space: an outdoor area dedicated for public or neighborhood use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their adjacent features such as streets, buildings, and/or natural areas. Civic Space Qualifying or Site Amenity, Qualifying. Civic Space or Site Amenity that meets all of the requirements of Table 8-1 (Civic Space / Site Amenity Requirements) and the requirements of Article 11.B, Civic Space/Site Amenity. Civic Space / Site Amenity, Qualifiable. Civic Space or Site Amenity that meets the requirements of Table 8-1 (Civic Space / Site Amenity Requirements) and the following elements of Article 11.B, Civic Space/Site Amenity: Type allowed in the applicable Transect Zone, Description & Service Intent, Size, and Location & Access. Club. See membership associations. Commercial. (A) Uses listed within the Table of Uses as Commercial and Industrial Uses, (B) A term referring broadly to non-residential uses of land involving the provision of goods and services. Page 12 ARTICLE 2 DEFINITIONS 2-10 South Burlington Land Development Regulations Commercial greenhouse. A structure and the land surrounding it in and on which plants, vegetables, flowers, and similar materials are grown for sale or are sold. Such land and greenhouses are also known as nurseries. Commercial vehicle. Any motor vehicle licensed as a commercial vehicle. Community center. A building or structure used for recreational, social, educational, health, cultural, or other similar activities. Services within the facility may be offered by one or more public or nonprofit entities. Community garden. One or more garden plots located on public or private property managed collectively by a group that grows food primarily for the members’ home consumption. Complete application. An application form completed as specified by a bylaw and the rules and regulations of the City and all accompanying documents required by the bylaw for approval of the application. The application shall be certified as complete as soon as all requirements specified in the bylaw and rules and regulations have been met. Conditional use. A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with and conform to all the conditions and standards for the location or operation of such use as specified in these land development regulations and authorized by the Development Review Board. In granting approval for a conditional use, the Development Review Board may attach such additional reasonable conditions and safeguards as it may deem necessary to implement the purposes of these Land Development Regulations. Condominium. A building, or group of buildings, in which dwelling units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis. There shall be an association of building owners organized for the purposes of maintaining, administering, and operating the common areas and facilities. Condominium is a legal form of real property ownership and not a building style. The purchaser shall have title to his or her dwelling unit and an undivided interest in parts of the interior of the building, the exterior, and other common elements. The property shall be identified in a master deed and officially recorded on a plat. The common elements shall comprise the land underneath and surrounding the building, certain improvements on the land, and such items as plumbing, wiring, and major utility systems, the interior areas between the walls, the public interior spaces, exterior walls, streets, and recreational facilities. Condominiums may be used for residential and non-residential uses. Congregate care facility. A housing facility that has significant facilities and services specifically designed to meet the physical and/or social needs of older persons. Significant facilities and services may include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, emergency and preventive health care programs, congregate dining facilities, and transportation to social, medical, or personal services. This is not a group home; see definition below. Consolidation. The removal of lot lines between contiguous parcels. Construction. The act of adding to, altering, or extending an existing structure or the erection of a new principal or accessory structure on real property. Page 13 ARTICLE 2 DEFINITIONS 2-11 South Burlington Land Development Regulations Continuum of care facility. A multi-family, residential group facility with a range of accommodations and services in one structure or one campus. This type may include full apartments for independent residents, an assisted living facility, and/or a skilled nursing facility. This definition excludes group homes. Contractor or building trade facility. A facility, including offices, used for the conduct of building, contracting and related trades that conduct a majority of business activity off-site. Such use may include the indoor storage, maintenance, and processing of vehicles, equipment, merchandise and materials used in the conduct of the business, and other customary and incidental activities directly related to the conduct of the business. Contractor’s yard. An establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. A contractor’s yard is typically a wholesale trade operation, but may also have retail trade or have some portion allocated to retail trade. Typical uses include lumber yards, mill work yards, and stone or masonry yards and may also include storage of materials, merchandise and equipment incidental to the principal business and not necessarily for sale. Conversion. A change in the use of land or a structure. Core Habitat Block Area. Contiguous forested area that includes all land within the center of a Habitat Block. This area excludes all land within the first 328 feet as measured from the edge of a Habitat Block into the center of the Habitat Block. Court. Any open, uncovered, and unoccupied area, other than a yard, that is bounded by two or more attached building walls and unobstructed from ground to sky. This definition shall not preclude the inclusion of "court" in the name of a building or buildings. (A) Inner Court. An open area, unobstructed from the ground to the sky that is entirely within the exterior walls of a building. (B) Outer Court. An open area, unobstructed from the ground to the sky which is bounded on not more than three sides by the exterior walls of one or more buildings OR Any court that is not an inner court. Covenant. A restriction on the use of land set forth in a written document or plat. The restriction runs with the land and is binding upon subsequent owners of the property. Cultural facility. An indoor or outdoor auditorium, theater, or other building or structure designed for or primarily used for music, drama, dance, or other live performances, or museum or gallery operated primarily for the display and not sale of works of art. Curb. A boundary usually marking the edge of the roadway or paved area. (A) Curb cut. The opening in the curb, measured at the property line, at which point vehicles may enter or leave the property. Figure 2-01 - Core Habitat Block Area Page 14 ARTICLE 2 DEFINITIONS 2-12 South Burlington Land Development Regulations (B) Curb level. The permanently established grade of the curb top in front of the center of the building, the lot, or portion thereof under consideration. Where no curb level has been established, the level of the ground at the center of the traveled portion of the street shall be considered the equivalent of the curb level. Where the building does not adjoin the street, the average level of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered the curb level. (C) Curb return. The connecting link between the street curb and the ramp curb. Cut. A portion of land surface or area from which earth has been removed or will be removed by excavation. Cut shall also refer to the depth below the original ground surface or excavated surface. Day care facility, adult. An establishment operated as a business or service on a regular or continual basis, whether for compensation or not, to provide care, protection, supervision and/or education for adults with physical, emotional or cognitive impairment who require assistance and supervision or those who need restorative or rehabilitative services. Such services are provided outside the adult's home for periods of fewer than 24 hours a day by persons other than the adult's parent, guardian or relative. An adult day care facility shall constitute a day care center. The center shall be licensed and operated in accordance with state law. Delivery channel. Public alley or other street providing access to the loading facilities of buildings; typically located to the rear and sides of buildings. Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or improvement. Density increase. For the purposes of the Transfer of Development Rights, the allowable increase in the amount of residential development of a receiving parcel, expressed as a higher maximum average number of dwelling units per acre of a receiving parcel than would be allowable on that parcel if it were part of a PUD that did not use TDR; allowing a higher average number of dwelling units for each acre of a receiving parcel also increases building bulk and lot coverage. Design vehicle. The type of vehicle used to determine the geometric design of the roadway. Detached Mixed-Use Storefront. A building with a single, ground-level walk-in non-residential use. The building may also include separate occupant(s), residential or non-residential, on upper stories where permitted. Development. (A) The carrying out of any change to improved or unimproved land, including but not limited to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any structure or parking area; (B) any mining, excavation, dredging, filling, grading, drilling or any land disturbance; (C) any use or extension of the use of the land, or (D) the subdividing of land into two or more parcels. Development Review Board. The Development Review Board or "DRB" of the City of South Burlington created pursuant to 24 VSA Chapter 117. Development Rights. See Transferrable Development Rights Dilapidation. A deterioration of structures or buildings to the point of being unsafe or unfit. Page 15 ARTICLE 2 DEFINITIONS 2-13 South Burlington Land Development Regulations Dish antenna. Any parabolic or part-spherical device, also known as a satellite dish antenna or earth station, whose purpose is to receive and/or transmit microwave or other electronic communication signals from and/or to satellites or other instruments for television, radio, data, imagery, or other forms of telecommunications. A typical device contains a combination of four main elements: the antenna or dish, its support structure, the amplifier, and a cable that carries the signal to and/or from a receiver and/or transmitter inside the building. District. A part, zone, or geographic area within the City of South Burlington within which certain zoning or other land development regulations apply. Disturbed land. Any soil on a construction site or associated support activities (e.g., staging area, borrow area, disposal site for excess fill) that is exposed to the erosive effects of wind, rain, or runoff due to construction or construction related activities. Dooryard: a building entry with a shallow setback and front garden or patio, usually with a low wall at its front. Domicile. A residence that is a permanent home to an individual. Dormer. A window vertical in a roof or the roofed structure containing such a window. The height of a dormer shall be from its base to its peak, inclusive. Dormitory. A building containing bathroom facilities for the common use of residents of the building which is occupied or intended to be occupied as a dwelling by persons not related by blood, marriage, fosterage or adoption but who are enrolled, affiliated with, or employed by the same educational, religious, or health institution. Dormitory shall not include a rooming house, guest home, tourist home, bed and breakfast, hotel, motel, group home, congregate housing, or health institution. A dormitory is a type of group quarters; see definition below. Drainage. (A) Surface water runoff; (B) the removal of surface water or groundwater from land by drains, grading, or other means which include runoff controls to minimize erosion and sedimentation during and after construction or development; or (C) the means for preserving the water supply and the prevention or alleviation of flooding. Drainage area is also known as a ‘sub-watershed.’ Drainage area. That area in which all of the surface runoff resulting from precipitation is concentrated into a particular stream, water body, or other discharge point. Drainage system. Pipes, swales, natural features, and manmade constructed improvements designed to carry drainage. Drainage way. With the exception of major and minor streams, all other streams, watercourses or drainage ways natural in origin and having a clearly defined channel with intermittent or full year flow of water. Drive-through. An establishment or structure which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, goods, or be entertained while remaining in their vehicles. A drive through shall include all components thereof, including any outdoor menu boards, order windows or service windows. Page 16 ARTICLE 2 DEFINITIONS 2-14 South Burlington Land Development Regulations Driveway. A private vehicular access from a street to a parking space, garage, dwelling, or other structure and generally subordinate in nature to a street. A driveway may be shared among structures, but its function is generally subordinate to a street. Duplex. See Dwelling, two-family. Dwelling unit. A building or portion thereof designed, used, constructed or occupied as separate living quarters for one (1) household which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. Dwelling, single-family. A building that contains one (1) principal dwelling unit and that is not attached to any other dwelling by any means and has no roof, wall, or floor in common with any other dwelling unit. This is also known as a detached or one-family dwelling. Dwelling, multi-family. A structure containing three (3) or more dwelling units, with the number of families in residence not exceeding the number of dwelling units provided. Access to units may be from a common hall or from individual entrances. This may also be known as an apartment house, apartment building, or garden apartment. Dwelling, two-family. A building containing two (2) principal dwelling units that are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar. The units may share a common stairwell exterior to both dwelling units and with access to the outside. There may be a common cellar but not a common basement. Each dwelling is located on its own separate lot. This type of dwelling shall also be known as a duplex. Dwelling, townhouse or rowhouse. A dwelling unit located in a row of at least three (3) attached such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls. The row of dwelling units shall be designed and built as a single structure facing upon a street. Dwelling unit, attached. A dwelling unit sharing a common side or rear wall(s) with another dwelling unit or units and having its own separate entrance or entrances to the outside. This may also be known as a townhouse or rowhouse. Easement. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity. Edible Landscaping. The use of food-producing plants in the design of private and public outdoor spaces. Educational facility. A facility used for or in support of education, instruction, or research in any branch of knowledge including private and public elementary and secondary schools, colleges, and universities. Element. A component of a plan. Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of the front, rear, or side of a building. Page 17 ARTICLE 2 DEFINITIONS 2-15 South Burlington Land Development Regulations Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a combination thereof, or the detachment and movement of soil or rock fragments. Establishment. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed. Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit, or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to meet the required pollutant reductions in a TMDL. Excavation. Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged. Existing grade or elevation. See pre-construction grade. Existing use. The use of a lot or structure at the time these land development regulations were enacted. Exterior architectural features. The architectural character and general composition of the exterior of a structure, including but not limited to, the kind and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, other appurtenant elements and natural features when they are integral to the significance of the site, all of which are subject to public view from a public street, way or place. Facade: See Building Façade. Family. See household. Farm. A parcel, or dedicated portion of a parcel, used primarily for agriculture or urban agriculture as defined in these regulations. Farmer’s Market. A site or structure used primarily for the direct sale of farm and food products to consumers. Subject to definition, regulations, and restrictions in South Burlington Peddlers Ordinance. Farm Structure. A building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as “farming” is defined in 10 VSA Section 6001(22), but excludes a dwelling. Fence. Any material or combination of materials erected to enclose, screen, or separate areas of land. Fences may be of an open (e.g., picket), semi-open, or closed (e.g., brick or stone) style. Closed fences may also be known as walls. Fill. Sand, gravel, earth or other materials of any composition whatsoever placed or deposited by humans, for purposes of creating a new elevation of the ground. Page 18 ARTICLE 2 DEFINITIONS 2-16 South Burlington Land Development Regulations Final approval. The last official action of the approving agency or board taken on a development plan which has been given preliminary approval, after all conditions and requirements have been met, and the required improvements have been installed or guarantees properly posted for their installation, or approval conditioned upon the posting of such guarantees. Financial institution. A use of structure in which financial, pecuniary, fiscal, or monetary services are made available to the public, including but not limited to depository institutions (e.g., banks, credit unions, savings and loans), non-depository institutions (e.g., credit agencies, loan brokers), holding companies (but not predominantly operating companies), other investment companies, brokers and dealers in securities and commodities contracts, and security and commodity exchanges. Finish elevation. The proposed elevation of the land surface of a site after completion of all site preparation work. See also grade, finished. Fire access. Means of access to a building, neighborhood or street for the purpose of fire and public safety. Flag lot. See lot, flag. Floating zone. An unmapped zoning district. Requirements are contained in the relevant article. The floating zone is fixed on the map only when an application for development, meeting the zone requirements, is approved. Floor area. The sum of the gross floor area of all floors of all principal and accessory buildings on a lot, measured from the exterior face of the exterior walls, or in the case of a common wall separating two buildings, from the center line of such common walls. Gross floor area shall include such features as porches, balconies, breezeways, walkways, and raised platforms, if each is enclosed. Gross fFloor area, gross. The sum of all floor areas of all stories of a building, measured from the exterior face of the exterior walls, or from the centerline of a common wall separating two attached units or structures. Gross floor area shall include such features as porches, balconies, breezeways, walkways, and raised platforms, if each is enclosed. Floor area ratio (FAR). The allowable proportion of total gross square feet of principal and accessory buildingfloor area to total lot size. The ratio is an expression of the intensity of development. For example, an F.A.R. of 1.0 would allow one square foot of building area to be constructed for each square foot of lot area; an F.A.R. of 4.0 would allow four square feet of building area for each square foot of lot area. A floor area ratio (FAR) of 1.0 could be a 40,000 square foot building on a 40,000 square foot lot. It could be a 10,000 square foot building on 4 floors or a 20,000 square foot building on 2 floors. An FAR of 0.5 would be a 20,000 square foot building on a 40,000 square foot lot. Food hub. A facility that serves as the central location for the aggregation, storage, processing, distribution, and/or marketing of local and source-identified food. A food hub is closely aligned with a farm stand with respect to the types of products available. The principal function of a food hub shall be to provide local farmers and food producers predictable and coordinated access to individuals, retailers, and institutions. This is encouraged to be a distribution point for shares in Community Supported Agriculture (CSAs). A Food Hub is not a “Retail Sales” use. A food hub is not intended for consumers to shop through a wide variety of goods, Page 19 ARTICLE 2 DEFINITIONS 2-17 South Burlington Land Development Regulations especially those goods or food products that are neither processed nor grown locally, throughout most of the day, week, and year. A food hub may also constitute an organization responsible for the roles listed herein, and may include technical assistance to local farmers in conjunction with its duties as a central location. Frontage. (A) The boundary of a lot abutting a street; (B) the front lot line. Frontage buildout. The percentage of the total length of the front lot line that is the same length as the total horizontal length of the building façades of principal buildings, or portions thereof, that: (A) Are located within the lot’s build-to-zone, and (B) Are parallel with the front lot line, and (C) Do not have any portion of another principal building located between it and the front lot line. Fuel storage. The containment of liquid fuel, including but not limited to heating oil, diesel fuel, gasoline, or kerosene above or below ground. Garage, private. A detached or attached accessory building, or part thereof, used or intended to be used only for the storage of private passenger vehicles belonging to the residents, employees, or visitors of the premises. Glazing. The amount of window and door coverage over the specified portion of a building. Glazing, Transparent. A type of glazing provided by see-through windows that provide visual access to space within the building intended for human occupancy and use, and by doors that are used as operable or public entrances, regardless of whether see-through or opaque. Grade. The elevation of the land or land level at a specific point. (A) Grade, finished. The final, average elevation of the ground immediately adjacent to the exterior walls of a building after development, measured as the degree of rise or descent of a sloping surface. (B) Grade, pre-construction. The elevation of the ground level in its natural state, before construction, filling, or excavation. This is also known as natural grade, and shall be defined as the grade existing on property on the date of an application under the South Burlington Land Development Regulations for any development approval (variance, conditional use approval, zoning permit, site plan approval), unless another grade has been established as the pre-construction grade pursuant to regulations for the Alteration of Existing Grade. Where land receives subdivision approval from the Development Review Board, the grade shown on the approved subdivision plat shall constitute the pre-construction grade, unless modified in accordance with regulations for the Alteration of Existing Grade. Within the City Center Form-Based Codes District, the grade of the adjacent approved street. (C) Grade, average pre-construction. The grade measured as the average of the pre-construction grade of each of the four (4) [or more as applicable] principal corners of the building. Within the City Center Form Based Codes District, the average of the pre-construction grade along the frontage of the adjacent street(s). Grading. Any stripping, cutting, filling, stockpiling of earth or land, including the land in its cut or filled condition. Greenbelt. The landscaped and maintained vegetative portion of the street right-of-way. Where applicable under specific street types contained in Article 11, may include hardscape elements. Page 20 ARTICLE 2 DEFINITIONS 2-18 South Burlington Land Development Regulations Greenbelt width. The distance between the curb or other edge of the roadway pavement to the sidewalk, recreation path, or edge of the street right-of-way (whichever is closest). Gross floor area. The sum of all floor areas of all stories of a building, measured from the exterior face of exterior walls, or from the centerline of a wall separating two attached units or structures. Group home. A therapeutic community residence as defined by 33 V.S.A. §7102 (11) Group quarters. A dwelling that houses individuals who are unrelated by marriage, blood, adoption, fosterage, or guardianship in a group living arrangement of intentionally structured housing by an organization or institution. This may include fraternities, sororities, dormitories, or living and learning complexes for a student body or religious order, army barracks, or other similar institutional use. This definition excludes group homes. Groundcover. Groundcover refers to any plant that grows over an area of ground, used to provide protection from erosion and drought, and to improve its aesthetic appearance. Habitable Area. The finished areas or spaces of a dwelling unit that are heated (and, where air conditioning is available, cooled) with the rest of the dwelling unit. Habitat Block. Areas identified and demarked as “Habitat Block” on the Habitat Block & Habitat Connector Overlay Districts Map. Habitat Connector. Areas identified as “Habitat Connector” on the Habitat Block and Habitat Connector Overlay Districts Map. Hardscape / Hardscaping. The non-living materials, and their use and design, that constitute one component of landscaping. This includes paving material, walls or fences, concrete, asphalt, stone or other hard surface that may be used to construct retaining walls, paths, walkways, decks, terraces, accent features, and fences or enclosures. Hazard: Floodplain overlay districts A, AE, A1-30, and 0.2% B2, River Corridors except those along intermittent streams, Very Steep Slopes, Class I and Class II wetland and associated buffers. Health club. See recreation facility, indoor. 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 not include minor rooftop apparatus such as solar collectors, chimneys, elevator and mechanical penthouses, air conditioning equipment, satellite dishes, and similar apparatus that project from the roof. For other larger rooftop apparatusapparatuses such as steeples, spires, towners, water tanks, radio and television antennas, see Section 3.07 of these Regulations. Chimneys (as defined in these Regulations) for residential structures shall be exempt from the height limitations. Height of a structure that is not a building shall be measured from the average preconstruction grade level at the base of the structure to the highest point of the structure. Home occupation. An occupation or activity carried out for gain secondary to and typically incidental to the use of the dwelling unit by a resident thereof. The conduct of the home occupation is clearly accessory to the Page 21 ARTICLE 2 DEFINITIONS 2-19 South Burlington Land Development Regulations use of the dwelling unit for living purposes and does not change the character of the dwelling unit or accessory structure in which it is located. See Section 13.02 3.12 for home occupation regulations. Hospital. A licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other physical or mental conditions requiring medical treatment, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, and training facilities. It may include the retail sale of pharmaceuticals and medical supplies as an accessory use. Hotel. A building or part of a building in which (a) living or sleeping accommodations are used primarily for transient occupancy on a daily basis and for compensation to the general public, and (b) one or more common entrances serve all such living or sleeping units, and (c) twenty- four four-hour desk service is provided, in addition to one or more of the following services: housekeeping, telephone, or bellhop service, or the furnishing or laundering of linens. Permitted accessory uses are restaurants or other public dining facility, bars or lounges, public banquet halls, ballrooms, or meeting rooms. Hotel, extended stay. A residential hotel containing (1) small furnished apartment type units rented on a short term basis each with a kitchen (including stove with an oven or a microwave oven, minimum twelve (12) cubic foot refrigerator, dishwasher, sink and cooking and eating utensils), bath, living space and separate bedroom/sleeping space, and (2) a common area which shall include three (3) or more of the following: business support facilities, guest only breakfast facilities, lobby, and recreation space and amenities; but specifically excludes public restaurant(s), cocktail lounge(s), and banquet meeting rooms containing more than fifty (50) seats. No more than fifteen percent (15%) of the units shall contain more than one bedroom. Units must be available on a daily, weekly and monthly basis and shall not be rented to the same occupant for more than one hundred eighty (180) days in any three hundred sixty-five (365) day period. Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size is the total number of individuals (adults and children) in the household that will occupy an Inclusionary Unit, regardless of each individual household member’s relationship, if any, to other members of the household. Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary Unit is the total combined annual cash income, whether earned (for example, salary, wages, tips, or commissions) or unearned (for example, benefits, unemployment compensation, interest, dividends) of each household member. Housing unit. See dwelling unit. Impervious Surface. Those human-mademanmade surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which water runs off rather than infiltrates. Impervious surface shall also include, but is not limited to, compacted gravel or soil surfaces, storage areas, awnings (and other fabric or plastic coverings). Properly installed and maintained pervious pavement shall not be considered Impervious Surfaces for stormwater purposes. Improvement. Those human-made surfaces including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. Page 22 ARTICLE 2 DEFINITIONS 2-20 South Burlington Land Development Regulations Inclusionary ownership unit. A dwelling unit: (1) The sales price for which does not exceed the maximum price for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as calculated using a United States Department of Housing and Urban Development (HUD) formula that defines a unit-specific household size based on dwelling unit size (i.e. number of bedrooms); and (2) Which is owned by its inhabitants, whose gross annual household income at time of purchase does not exceed 100% of the median income for the Burlington-South Burlington MSA, adjusted for athe household size; and (3) The sales price for which shall remain perpetually affordable atto households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; Note the unit-specific household size based on the number of bedrooms and the actual household size of the purchasing household do not have to be the same. Inclusionary rental unit. A dwelling unit: (1) The rent for which does not exceed the maximum price calculated for a household with a gross annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA, to which the unit is targeted, as calculated using a HUD formula that defines a unit-specific household size based on dwelling unit size (i.e. number of bedrooms) to which the inclusionary unit is targeted; and (2) Which is rented by inhabitants whose gross annual household income at time of initial occupancy does not exceed 80% of the median income for the Burlington-South Burlington MSA, adjusted for the household size; and (3) The rent for which shall remain perpetually affordable to households with a gross annual household income that does not exceed 80% of the median income for the Burlington-South Burlington MSA; Note the unit-specific household size based on the number of bedrooms and the actual household size of the renting household do not have to be the same. Inclusionary Unit. A dwelling unit that is either an Inclusionary Ownership Unit or an Inclusionary Rental Unit. Indoor theater. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Indoor vehicle storage. Indoor facility used to store motor vehicles, such as cars, pick-up trucks, RVs, motor cycles, snowmobiles and boats, but not including aircraft or any vehicle requiring a CDL operator’s license. Vehicle storage is typically seasonal, and vehicles are not typically accessible to their owners during the storage period. Industry. Those fields of economic activity including, mining, construction, manufacturing, transportation, communication, electric service, gas service, sanitary service, and wholesale trade. Inclusionary Zoning. Provisions under Section 18.01 of these regulations, as authorized under 24 VSA Section §4414(7), which establish minimum requirements and incentives for the construction of housing to meet the needs of low- and moderate-income households. Page 23 ARTICLE 2 DEFINITIONS 2-21 South Burlington Land Development Regulations Inclusionary Unit. A housing unit that is affordable to a low- or moderate income household under inclusionary zoning requirements. Inn. See hotel. Institutional use. A non-profit or quasi-public use or facility such as a place of worship, library, public or private school, hospital, or municipally owned or operated building, structure, or land used for public purpose. Junk. Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal, or other use or disposition. It may include old or scrap metal, rope, rags, batteries, paper, rubber glass, building materials, household appliances, brush, wood, lumber, plastic, dismantled or wrecked automobiles or parts thereof, and other old or scrap ferrous or nonferrous materials. Junk yard. An establishment, place of business, lot, land, parcel, building or structure that is maintained or operated for the purpose of storing, keeping, processing, abandoning, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. The latter is the presence of two (2) or more unregistered, inoperable motor vehicles. Kennel, commercial. A lot, premises, use, or structure intended and used for the breeding, training, sale, and overnight boarding of well dogs, cats, or other small domestic animals belonging to a person or persons other than the owner of the lot, but not including a veterinary hospital. Includes pet grooming. May or may not include associated outdoor exercise facilities. Kennel, private. A structure used for the outdoor accommodation of small domestic animals and not operated on a commercial basis. Land development. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. Land development shall also include the connection of any dwelling unit located within the Dorset Street Waterline Service Area as depicted on a plan dated January 30, 1998, to the Dorset Street water line. Land development shall not include any structural alteration or interior remodeling project that does not exceed five thousand dollars ($5,000) in construction cost. This exemption does not apply to a structural alteration which results in an exterior addition or enlargement of any size or value. Landscaping. The installation and maintenance of, usually, a combination of trees, shrubs, and plants, but not including bare soil, uncultivated vegetation, impervious surfaces, and gravel. Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets the specification of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also canopy tree. Legislative body. The City Council of the City of South Burlington. Level I Resources: A Habitat Block or Habitat Connector. Page 24 ARTICLE 2 DEFINITIONS 2-22 South Burlington Land Development Regulations Level II Resources: River Corridors along intermittent streams, Floodplain Overlay District Zone 0.2% B1 (500- year floodplain, Class III wetlands (greater than 5,000 square feet in size) and associated buffers, and steep slopes. Light manufacturing. The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission exceeding the City’s performance standards or other regulations therefor. Light manufacturing includes but is not limited to the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods, musical instruments; novelties; wood products; printed material; lithographical plates; type composition; machine tools; dies and gages; ceramics; apparel; lightweight non-ferrous metal products; plastic goods, pharmaceutical goods; and food products, but not animal slaughtering, curing, nor rendering of fats. Liner Building. A building or portion thereof which is specifically designed to mask and enliven the edge of a parking lot, garage or structure or a large retail facility (big box), which is located between the front lot line and the parking lot, garage or structure or large retail facility. Loading space. A space or berth available for the loading and/or unloading of goods from commercial vehicles. Long Term Bicycle Storage. Also called protected bicycle storage. Bicycle parking spaces intended for employees, tenants, and their visitors and intended to provide a high degree of security and protection from the weather when a bicycle is unattended for a period of time in excess of four hours. Lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in common ownership and designated as a single parcel, established and recorded by plat, subdivision, or otherwise permitted by law to be used or intended to be used by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by these land development regulations. Lot boundaries are (A) established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or (B) shown on a plat approved by the South Burlington Development Review Board pursuant to subdivision and/or land development regulations, provided such approval has not expired. Lot, Building. A lot containing, or intended to contain, a principal building. Lot, Civic Space. A lot consisting of a Civic Space. Lot, Conservation. A lot consisting of land that has been conserved. Lot, corner. A lot located at the intersection of two or more streets or abutting a curved street in such a way that the front building line meets either side lot line at interior angle of less than 135 degrees. The point of intersection of the front lot lines is the corner. A corner lot shall be deemed to have two front yards and two side yards and no rear yard. Lot, flag. (A) A lot with no frontage on or abutting a public road and where access to the public road is by a narrow right-of-way usually granted by easement over another lot with the normally required frontage, or (B) A lot for which access is provided by a narrow projection of the lot at least fifteen (15) feet in width connecting said lot to a public street. A driveway accessible by emergency equipment must be located on the projection. Page 25 ARTICLE 2 DEFINITIONS 2-23 South Burlington Land Development Regulations Lot, interior. A lot other than a corner lot and with frontage only on one street. Lot, Infrastructure. A lot consisting of infrastructure such as stormwater, parking, or utilities. Lot, non-standard. When a lot owner owns a lot which fails to meet minimum lot size requirements and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single lot, except that: (A) contiguous lots which as of June 7, 1947 were devoted to separate and independent uses shall constitute separate lots so long as such lots continue to be devoted to separate and independent uses; or (B) contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land Development Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or (C) contiguous lots which are shown on a plat approved by the South Burlington Development Review Board or Planning Commission pursuant to City regulations shall constitute separate lots provided such approval has not expired. Lot, through. A lot other than a corner lot with frontage on more than one street. Lot area. The total area within the lot lines of a lot, excluding any street rights-of-way. Lot coverage. The total area covered by all principal and accessory buildings and impervious surfaces on a lot, unless otherwise specified in these Regulations. See also ‘building coverage.’ Lot depth. The distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, the lot depth shall be measured by drawing lines from the front to rear lot lines at right angles to the front lot line, every ten feet and averaging the length of these lines. Page 26 ARTICLE 2 DEFINITIONS 2-24 South Burlington Land Development Regulations Figure 2-1, Lots, Yards, and Lot Lines Lot line. A property line of record bounding one lot from another lot or from a public or private street or any other public or private space. Lot line, front. The lot line separating a lot from a street right-of-way. Refer to Figure 2-1 for examples of lot lines for non-standard lots. Lot line, rear. The lot line opposite and most distant from the front lot line. If the rear lot line is ten (10) feet or less in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed Page 27 ARTICLE 2 DEFINITIONS 2-25 South Burlington Land Development Regulations to be a line parallel to the front lot line. In this case, the rear lot line shall be a line not less than ten (10) feet long at the greatest distance from the front lot line and lying wholly within the lot. Lot line, side. Any lot line other than a front or rear lot line. Lot owner. A lot owner is the record owner of fee title to a lot. Lot size. See lot area. Lot width. The distance between the side lot lines, or for a corner lot, between the side lot line and the intersection of the two front lot lines, measured along a minimum front setback / build-to zone, as established by these land development regulations. If no setback is required for the lot according to these land development regulations and neither setback nor build-to zone has been established on a previously recorded plat or site plan, lot width is the distance between the side lot lines, or for a corner lot, between the side lot line and the intersection of the two front lot lines, measured along the street right-of-way. Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly on the dwelling site, which is at least eight (8) feet in width and at least thirty (30) feet in length, which bears a seal that it was built to the standard pursuant to the “National Manufactured Housing and Construction Safety Standards Act of 1974,” 42 U.S.C. Sec.5401 et seq., which is placed upon a permanent foundation which meets the installation and foundation requirements of the State of Vermont, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A manufactured home shall be connected to required utilities. Manufacturing. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacture of products, and the blending of materials. Master deed. A legal instrument under which title to real estate is conveyed and by which a condominium is created and established. Master plan. A plan intended to guide the arrangement of developed and undeveloped areas and streets within a land development project. Membership association or organization. A group of people organized for a common purpose to pursue common goals, interests, or activities, usually for social, recreational, or educational purposes. Such association or organization is usually characterized by certain formal membership qualifications, payment of fees or dues, regular meetings, and a constitution and/or by-laws. Such associations or organizations may also be known as clubs, civic, social, fraternal organizations, trade associations, professional organizations, unions, political organizations, and religious organizations, and may include such groups as local civic clubs and associations or local chapters of national associations, and fraternal organizations. Association or organization shall also refer to the land, establishment, or facilities owned, leased, occupied, and/or operated by the organization. The members of the organization shall have a financial interest in and method of control over the assets and management of the association or organization. The building or facility may have accessory uses such as recreational facilities or banquet facilities and overnight lodging for members but not including the sale of goods and services to the public on the premises on a regular basis or commercial outdoor Page 28 ARTICLE 2 DEFINITIONS 2-26 South Burlington Land Development Regulations recreational or entertainment activities. Associations or organizations shall not include establishments operated for pecuniary gain, such as tennis or health clubs. Mid-block. The segment of a block length that is located a distance from each corner that is equal to at least 1/3 of the block length. Mixed-rate housing development. A housing development that has both market rate and Affordable Housing dwelling units, pursuant to Section 18.02 of these regulations. Mixed use. A structure or development that is occupied by a nonresidential use and a residential use, or by a mix of non-residential uses such as office, manufacturing, retail, public, or entertainment uses. Mobile home. A movable or transportable dwelling unit of at least eight (8) feet in width and thirty-two (32) feet in length, constructed to be transported on its own chassis and including one or more components for transporting the unit. Modular home. A dwelling unit that is constructed in compliance with the State Building Code and composed on components substantially manufactured and assembled in an off-site manufacturing facility and transported to the dwelling site for final assembly and a permanent foundation and connection to the required utilities. Motel. A building or group of buildings which (A) contains living and sleeping accommodations used primarily for transient occupancy to the general public on a daily basis for compensation, with the exception of the manager's or caretaker's unit, and (B) has convenient access to parking spaces for the use of the unit's occupants by way of separate entrances or groups of separate entrances, outside the main building, into the individual units. Motor freight terminal. A building, structure, or area in which trucks, including tractor or trailer units, are parked, stored, or serviced, including the transfer, loading, or unloading of goods. A terminal may include facilities for the temporary storage of loads prior to trans-shipment. Multi-family unit. See Dwelling, multi-family. Municipal land use permit. Any of the following whenever issued: A. A zoning, subdivision, site plan, zoning permit or other approval pursuant to these Regulations, any of which relate to “land development” as defined in this Article, which has received final approval from the applicable board, commission or officer of the municipality; or B. a septic or sewage system permit issued under any municipal ordinance; or C. final official minutes of meetings which relate to the permits or approvals described in (A) or (B) above which serve as the sole evidence of such permit or approval; or C. a certificate of occupancy, certificate of compliance or similar certificate which relates to the permits or approvals described in (A) or (B) above; or D. an amendment of any of the documents listed in (A) through (B) above. Municipal building. A building or structure owned and operated by a Vermont municipal corporation or union municipal district to house municipal functions, agencies, or offices, and which may or may not be open to the general public. Natural drainage flow. The pattern of surface and stormwater drainage from a particular site before the construction or installation of improvements or prior to any regarding. Page 29 ARTICLE 2 DEFINITIONS 2-27 South Burlington Land Development Regulations Natural materials. Indigenous materials such as plants, shrubs, trees, wood that is stained or painted a neutral brown or grey color, unpainted stone, and unpainted brick. “Natural materials” shall not include glass or concrete for purposes of these Regulations. Night club or private club. An establishment dispensing liquor and/or meals and in which music, dancing, or entertainment is conducted. Nonconforming lot or parcel. A lot or parcel that does not conform to the present Regulations covering dimensional requirements but that was in conformance with all applicable laws, ordinances and regulations prior to the enactment of the present bylaws, including a lot or parcel improperly authorized as a result of error by the administrative officer. Nonconforming use. A use of land that does not conform to the present bylaws but did conform to all applicable laws, ordinances, and regulations prior to the enactment of the present Regulations, including a use improperly authorized as a result of error by the administrative officer. Nonconforming structure. A structure or part thereof that does not conform to the present Regulations but was in conformance with all applicable laws, ordinances and regulations prior to the enactment of the present bylaws, including a structure improperly authorized as a result of error by the administrative officer. Nonconformity. A nonconforming use, structure, lot, or parcel. Non-point runoff. Surface water entering a stream or drainage way from no definable discharge source. Not-for-profit organization. An entity organized, managed, and existing as a nonprofit or not for profit corporation under Title 11B, Chapter 1, of the Vermont Statutes Annotated. Nuisance element. Any environmental pollutant, such as noise, radioactivity, vibration, glare, smoke, odor, air pollution, dust, liquid waste, solid waste, or heat. Nursery. See commercial greenhouse. Nursing home or convalescent home. See skilled nursing facility. Office, medical. Any establishment where human patients are examined and treated by doctors, dentists or other medical professionals but not hospitalized overnight. Medical office may include as an ancillary use the assembly, fitting, testing and sale of products directly related to the medical service provided in the same establishment. Office, general. A building or portion thereof used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, that may include ancillary services for employees and visitors such as a restaurant or coffee shop, and newspaper/candy stand as permitted by these Land Development Regulations. This may also be known as a professional building. Building occupancy may be limited to one tenant or more tenants and/or the building’s owner. Official Map. The legally adopted Official Map of the City of South Burlington pursuant to subsection 3 of section 4401 Title 24 VSA Chapter 117, as amended. Page 30 ARTICLE 2 DEFINITIONS 2-28 South Burlington Land Development Regulations Open space. Land maintained in essentially an undisturbed, natural state for purposes of resource conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor recreation and civic use, working lands, or local food production. Open space must be of a quality and size that supports its intended function or use. Open space specifically excludes streets, parking areas, driveways and other areas accessible to motor vehicles. See also Civic Space, Site Amenity. Open space, common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents or employees of the development, and may include such complementary structures and improvements as are necessary and appropriate. Open space, public. Open space owned in fee or by the City, a public agency, land trust, or non-profit organization and maintained for the use and enjoyment of the general public, health, safety, and welfare of the general public, habitat preservation, agriculture or urban agriculture, or preservation of other public goods such as landscape or scenic vista preservation. Open Space, or Open/Civic Space Qualifying. Open Space that meets all of the requirements of Table 8-1 (Open Space Requirements) and the requirements of Appendix F, Open/Civic Space. Open Space, Qualifiable. Open Space that meets the requirements of Table 8-1 (Open Space Requirements) and the following elements of Appendix F, Open/Civic Space: Type allowed in the applicable Transect Zone, Description & Service Intent, Size, and Location & Access. Operable entrance. An entrance to a building that is useable and open to the tenants / owners to access that portion of the building that is available for their use. An operable entrance may be to an individual residential or commercial unit, or to some or all of the building. Any such door must be available for entry and exit. Distances between and average frequency of operable entrances shall be measured per building. Outdoor display. An outdoor arrangement of products for sale, together with accompanying display structure, typically not in a fixed position and capable of rearrangement, and typically with products brought indoors when the business is closed. Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or unregistered vehicles for more than twenty-four hours. Owner. Any full or part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant in the entirety with legal title to the whole or to part of a structure or parcel of land. Parcel. A lot or tract of land or water that is capable of being described in definitive terms with respect to its location and boundaries. Park. Any land owned by the public and open for use by the general public for active or passive recreational purposes, urban agriculture, or as a refuge for wildlife. Parking area, facility, or lot. An off-street public or private land area designed and used or intended for use for the temporary storage of motor vehicles and usually surfaced and improved. Such facility may be a garage or multi-modal center. Page 31 ARTICLE 2 DEFINITIONS 2-29 South Burlington Land Development Regulations Parking, commercial or private. A parking area owned by a business establishment, membership association or organization, place of worship, or similar use and made available by the owners or occupants for the exclusive use of clients, customers, employees, members, owners, tenants, lessees, or occupants of said business establishment, membership association or organization, place of worship, or similar use. Such commercial or private parking may or may not exist on the same lot as the principal use. Parking, public. A municipally-owned parking area available to the public and therefore not for the exclusive use of the customers or employees of the lot on which the parking area is located. A public parking facility may or may not require payment of a fee. Parking, surface. A parking area that is located directly on the ground on a single level. Parking lane. The portion of the pavement width of a street dedicated primarily to the parking of vehicles, including striping and gutter pan if present. Pavement width. The width of the paved portion of a street not including any trails, sidewalks, or pullouts for transit vehicles. Performance standards. A set of criteria or limits established by these land development regulations relating to nuisance elements that a particular use or process shall not exceed. Permitted use. A use allowed in a zoning district and subject to the restrictions applicable to that zoning district. Person. (A) An individual, a corporation, a partnership, an association, and any other incorporated or unincorporated organization or group. (B) For the purposes of Inclusionary Zoning standards within these Regulations, person means an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership; a municipality or state agency; and, individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the development of land. The following individuals and entities shall be presumed not to be affiliated with a person for the purposes of profit, consideration, or other beneficial interest within the meaning of this definitions, unless there is substantial evidence of an intent to evade the purposes of the standards within these Regulations: (A) A stockholder in a corporation shall be presumed not to be affiliated with a person solely on the basis of being a stockholder if the stockholder owns, controls, or has a beneficial interest in less than five percent of the outstanding shares of the corporation; (B) An individual shall be presumed not to be affiliated with a person solely for actions taken as an agent of another within the normal scope of duties of a court-appointed guardian, licensed attorney, real estate broker or salesperson, engineer, or land surveyor, unless the compensation received or beneficial interest obtained as a result of these duties indicates more than an agency relationship; or (C) a seller or chartered lending institution shall be presumed not to be affiliated with a person solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community. Page 32 ARTICLE 2 DEFINITIONS 2-30 South Burlington Land Development Regulations Personal instruction facility. A commercial establishment primarily engaged in providing instruction. Such instruction may be in any branch of knowledge and may include business schools, trade schools, vocational schools, drivers’ education, and schools of dance, gymnastics, martial arts, and similar pursuits. Personal service. An establishment primarily engaged in providing services involving the care of a person or his or her apparel, such as barber, hairdresser, beauty or nail salon, shoe shine or repair, day spa, laundromat, or dry cleaner. "Personal service" shall not include establishments providing tattoo or body piercing services. Permeable surface. A material that permits full or partial absorption of stormwater into the ground. Pervious Surface. See permeable surface. Pet day care. A commercial service provided to pet owners whereby pets are cared for outside of their home by the business owner during normal business hours, with no overnight boarding, training, sale, or breeding of pets. Includes pet grooming. May or may not include associated outdoor exercise facilities. Pet grooming. Any establishment where domestic pets are bathed, clipped, combed, or otherwise cleaned for the purpose of enhancing their aesthetic value or health, but not including any outdoor exercise facilities. Place of lodging. See Hotel. Place of worship. A building or structure, or groups of buildings or structures, which by design, construction, or use are primarily intended for the conducting of organized religious services and associated accessory uses. May also include use of facilities for indoor or outdoor recreation, community center, or licensed non- residential child care as accessory uses. Plan. A municipal comprehensive plan adopted pursuant to subchapter 5, section 4385 of Title 24 VSA Chapter 117. Plan, final. A map and site plan representing a tract of land, showing all required elements of a site plan and which is presented to the Development Review Board or Administrative Officer for final approval. Plan, preliminary. A preliminary map and site plan indicating the proposed layout of the site which is submitted to the Development Review Board or Administrative Officer for consideration and preliminary approval. Plan, sketch. A concept map of a proposed site plan of sufficient accuracy and detail to be used for the purpose of discussion with the Administrative Officer or Development Review Board. Planned unit development (PUD). One or more parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable to the area in which it is located with respect to the area, density or dimensional requirements or allowable number of structures and uses per lot as established in any one or more districts created under the provisions of these regulations. The specific requirements of a PUD and the area, density and dimensional provisions that may be modified are defined by the PUD Type. in each district in which PUDs are allowed. Page 33 ARTICLE 2 DEFINITIONS 2-31 South Burlington Land Development Regulations Planning Commission. The City of South Burlington Planning Commission, created pursuant to subchapter 2 of Title 24 VSA Chapter 117. Plant material. The trees, shrubs, plants, or other ground cover including grass that constitutes the plant component of landscaping. Plat. (A) A map representing a tract of land, showing the boundaries and location of individual properties and streets, or (B) a map of a subdivision. Plat, final. The final map of all or a portion of a subdivision which is presented to the Development Review Board for final approval and which, upon approval, shall be recorded with the City Clerk. Plat, preliminary. A preliminary map indicating the proposed layout of the subdivision which is submitted to the Development Review Board for consideration and preliminary approval. Plat, sketch. A concept map of a proposed subdivision of sufficient accuracy and detail to be used for the purpose of discussion with the Administrative Officer or Development Review Board. Porch: a covered but unenclosed projection from the main wall of a building. Porch, open: A porch, open on three sides. Railings or walls on the sides shall not exceed 40 inches in height from the porch floor. Porch, enclosed: A porch, enclosed on two or more sides by glass, plastic, netting, wire, walls, or similar temporary or permanent materials at a height above 420 inches from the porch floor, or the minimum required railing/wall height of the International Building Code, whichever is greater. Pre-construction grade. See grade, pre-construction. Preliminary approval. The conferral of certain rights, prior to final approval, after specific elements, as required in this ordinance, of a development site plan, master plan, planned unit development or subdivision have been approved by the Development Review Board. Primary Agricultural Soils. Soils classified by the Natural Resources Conservation Service as prime or statewide important soils for agriculture production. Principal building. A building in which is conducted or is intended to be conducted the main use or uses of the lot on which it is located. Principal use. The primary or predominant use of a lot. Private club. See membership association or organization. Processing and storage. The storage of materials in a facility where such materials may be combined, broken down, or aggregated for trans-shipment or storage purposes where the original material is not chemically or physically changed. Processing and storage is a single term and refers essentially to a storage and shipment place as opposed to a manufacturing establishment, distribution center, or truck terminal. Processing and storage shall not include the storage, maintenance or repair of trucks on a site as a principal or accessory use. Page 34 ARTICLE 2 DEFINITIONS 2-32 South Burlington Land Development Regulations Prohibited use. A use that is not allowed in a zoning district. Public drainage way. The land reserved, dedicated, or used for the installation of storm water sewers, swales or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water so as to safeguard the public against flood damage, sedimentation, and erosion. Public entrance. An entrance to a building that is useable and open to the public during business hours. Any such door must, at a minimum, be useable and open to the public for entry. Distances between and average frequency of public entrances shall be measured per building. Public notice. The form of public hearing notice prescribed by Title 24 VSA Chapter 117, Section 4464. Public realm. Includes all exterior places, linkages and built form elements that are physically and/or visually accessible to all members of the general public, during all business hours, or the majority of the day for residential buildings, regardless of ownership. These elements can include, but are not limited to, pedestrian ways, bikeways, plazas, nodes, squares, transportation hubs, playgrounds, parks, landmarks and are typically adjacent to the street or public place. The Public Realm shall be a physical place. Quasi-public use. A use owned or operated by a non-profit, religious, or charitable institution and providing educational, cultural, recreational, religious, or other similar types of public programs. Rare, Threatened or Endangered Species. A wildlife or plant species identified by the Vermont Department of Fish & Wildlife as being rare, threatened or endangered. Recreation facility. A place designed and equipped for the conduct of active and passive sports, participatory athletic activities, leisure time activities, and other customary and usual recreational activities. Excluded are facilities intended for spectator activities such as stadiums and arenas. Recreation facility, indoor. A recreational facility located wholly within an enclosed building(s). Activities are available on a fee or membership basis primarily for the benefit of persons not residing on the lot on which the facility is located. Indoor recreation structures may have accessory uses or structures such as snack bars, locker rooms, and pro shops that are designed and intended for use by the patrons of the primary use. Examples of such use include but are not limited to public or private health clubs, tennis or other racquet courts, swimming pools, YMCAs and YWCAs, health or fitness centers, indoor play areas, training studios for group recreation activities such as martial arts, gymnastics, and dance, bowling alleys, shooting ranges, roller rinks, rock climbing walls, and other similar uses. Recreation facility, outdoor. A commercial recreational facility for activities wholly or partially outside of any building or structure. Fields, trails, bodies of water, or other land may be used for recreational 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, skateboard parks, and other similar unenclosed recreation activities. Page 35 ARTICLE 2 DEFINITIONS 2-33 South Burlington Land Development Regulations Recreation path. A public path, any portion thereof, either existing or planned, that is used by the general public for recreation. Recreational vehicle. A motorized or non-motorized vehicle or piece of equipment usually used or stored on wheels or used in the water and used for leisure time for camping, boating, and traveling. "Recreational vehicle" shall include personal watercraft, (e.g. Jetskis). Redevelopment. (A) The demolition and reconstruction of a structure or portion of a structure. (B) For the purposes of stormwater standards within these Regulations, the demolition and reconstruction of a structure, impervious surface, or portion of a structure or impervious surface. Religious use or institution. See Place of Worship Removal. The relocation of a structure from one site to another site, whether intact or in separate pieces. Repair. Any change to a structure that is not construction. Required improvements. Capital improvements required by the Development Review Board or Planning Commission in conjunction with the subdivision or development of land, including without limitation, monuments, lot markers, streets, curbs, sidewalks, street signs, outdoor lighting, water mains, sanitary sewers, storm drains, stormwater facilities, fire hydrants, and landscaping. Research facility or laboratory. An establishment or other facility for carrying on basic and applied research into the natural, physical, or social sciences, or engineering and development as an extension of investigation with the objective of creating end products; and including any educational activities associated with and accessory to such research; but not including a medical office, dental, optical, or veterinary clinic, or a research facility or laboratory located on the principal site of a health or educational facility. Residence. The home, abode, or place where an individual is living at a specific point in time. Residential Care Home. A residential care home as defined by 33 V.S.A §7102(10) Residential Use. A use defined as a dwelling, dwelling unit, housing, or housing unit. Residential district. A zoning district established in these land development regulations which permits primarily residential uses and shall include the Residential 1, Residential 2, Residential 4, Residential 7, Residential 7 with Neighborhood Commercial, Residential 12, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant Districts, and any other subsequently adopted residential districts. Resource extraction. The removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances, or organic substances, other than vegetation, from water or land, on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged. Restaurant. An establishment where food and drink is available to the general public. Alcoholic beverages may or may not be served, but shall only be incidental to the serving of food. Page 36 ARTICLE 2 DEFINITIONS 2-34 South Burlington Land Development Regulations Restaurant, short-order. A restaurant where the principal business is the sale of a limited line of specialized, pre-prepared or rapidly prepared foods or beverages directly to the customer in a ready- to consume form and whose operation is characterized by (A) service of food or beverage principally in containers or in paper, plastic or other disposable containers or wrappers, (B) availability of food or beverages for consumption immediately or within a brief period after ordering, and (C) insufficient seating facilities within the restaurant building for the total volume of food sold. Short-order restaurants may also include food delivery services and shall include bakeries and delicatessens. Additional outdoor seating on a seasonal basis may be permitted in conjunction with a short-order restaurant, subject to all applicable standards in these Regulations. Restaurant, standard. A restaurant where the principal business is the sale of foods or beverages for consumption within the restaurant building and whose operation is characterized by service by a restaurant employee at the same table or counter at which food or beverage is to be consumed. Those restaurants principally characterized as standard restaurants but with a substantial take-out, delivery and/or short order component may be required to meet supplemental parking standards pursuant to these Regulations. Additional outdoor seating on a seasonal basis may be permitted in conjunction with a standard restaurant, subject to all applicable standards in these Regulations. Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at retail or wholesale for personal or household consumption or for business use and rendering services incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a short order restaurant as an accessory use with the following limitations on the short order restaurant: 1) it must be located entirely within the principal structure and with no dedicated exterior entrance of its own; 2) it is limited to 3,000 square feet 3) it is limited to sixteen (16) or fewer indoor seats; 4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short order restaurant. A Wholesale Club is considered to be Retail Sales in these Regulations. Retail warehouse outlet. Retail sales from a warehouse as an accessory use to the principal warehouse use. Retaining wall. A structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion. Right-of-way. (A) A strip of land created by conveyance, reservation, dedication, prescription or condemnation, and intended to be occupied primarily by a means of access or utilities, as such by road, path, crosswalk, sidewalk, recreation trail, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or drainage, utility line, and other similar uses; or (B) generally, the right to pass over the property of another. Runoff. See stormwater. School. A building or premise or part thereof that is designed, constructed, or used for education or instruction in a branch of knowledge. The school may be public or private. Such use shall not include vocational or trade school; these are termed personal instruction facilities. Page 37 ARTICLE 2 DEFINITIONS 2-35 South Burlington Land Development Regulations School, elementary. Any school that meets state standards and requirements for elementary education. School, secondary. Any school that meets state standards and requirements for secondary education. Seasonal mobile food unit: A short order restaurant that is open for business for only a portion of each year. Food is customarily consumed partially on and partially off premise. Outdoor seating may consist of benches, tables, and chairs that are not permanently affixed to the ground. The food unit, along with all accessory items such as tables, chairs, benches, and dumpsters, are removed from the site at the expiration of a permit under these regulations. Restrooms are not customarily provided in conjunction with a seasonal mobile food unit. Self storage. A structure containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. Service station. A building, place of business, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing of gasoline, oil and grease, and other vehicle fuels, and including, as an accessory use, the sale and installation of batteries, tires, lubricants, and other automobile accessories and retail items. Minor repair service may also be rendered. See service station. The free or retail dispensing of electricity for vehicles within approved on-street or off-street parking spaces shall not constitute a service station. Setback. The distance from the nearest portion of a structure to any lot line. For purposes of this section, a structure shall not include: (A) eaves, sills, pilasters, gutters, leaders, cornices, chimneys, and roof overhangs provided such features do not extend more than two (2) feet from the remainder of the structure; (B) steps to first floor entries provided such features do not extend more than five (5) feet from the remainder of the structure; (C) ramps for the disabled; and (D) light poles. Setback(s), front. The required setback from the front lot line. Setback, rear. The required setback from the rear lot line. Setback(s), side. The required setback from the side lot line. Shopping center. A group of two (2) or more retail establishments or restaurants, including all associated out- parcels (whether or not they have been subdivided from the original tract), having a unified design of buildings, coordinated parking and service areas, and development plan in accordance with the requirements of the zoning district in which it is located, and provision for goods delivery is separated from customer access. The shopping center shall be planned, constructed, and developed and/or managed as a unified entity. Non- retail uses, such as offices, theaters, hotels, and automotive repair facilities, may be included in the overall development plan provided such uses are approved by the DRB in conjunction with the overall shopping center. Short Term Bicycle Parking. Also called bicycle parking. Bicycle parking spaces to accommodate customers, patients, employees, clients, visitors and those biking to those a destination for a limited timelocations to do business. Shrub. A woody branching plant of relatively low height. Page 38 ARTICLE 2 DEFINITIONS 2-36 South Burlington Land Development Regulations Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway. The sidewalk may be separated or may directly abut the street, according to regulations in this ordinance. Sidewalk, full. A sidewalk running flush with the curb by landscaping provided in tree wells or planters Sidewalk, ribbon. A sidewalk separated from the curb by a landscaped greenbelt. Sign. A sign as defined in the South Burlington Sign Ordinance, as amended. Significant tree. A tree other than an evergreen with a caliper of eighteen (18) inches or more. Significant Wildlife Habitat. Those natural features and resources that contribute to the survival and/ or reproduction of the native wildlife of South Burlington. Such features and resources include: (1) habitat for rare, threatened and endangered species (state or federally listed); (2) River Corridors as defined in these regulations; (3) wetlands and wetland buffers as defined in these Regulations; (4) Habitat Blocks, and (5) Habitat Connectors. Silviculture (Forestry). Shall include the following land use activities conducted in accordance with state- defined proper forest management: the growing and harvesting of trees or timber for purposes other than their fruit; and the use of temporary processing equipment such as chippers and portable sawmills, which are used in association with harvesting operations and are removed from the site once harvesting operations are complete. Site Amenity. A civic space or private space dedicated for use by the public or users of a building or group of buildings. Site Amenity types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their adjacent features such as streets, buildings, and/or natural areas. Site Balancing. Where stormwater control and/or treatment of certain limited areas of new, redeveloped, or substantially reconstructed impervious surface area are not possible, the impact from these areas of untreated impervious surfaces will be compensated on an equivalent basis by controlling and/or treating other impervious surfaces on the lot, parcel, or property. This can be accomplished by providing additional control and/or treatment beyond what is required for impervious surface areas already subject to the requirements of 13.05(E)12.03(C) or by providing control and/or treatment for impervious surfaces that are not otherwise required to meet the requirements of 13.05(E)12.03(C). The applicant must own or otherwise control the impervious surfaces used for site balancing. Site plan. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot(s) including topography, vegetation, drainage, floodplains, marshes, and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures, signs, lighting, screening devices, and other information that reasonably may be required in order that an informed decision can be made by the Development Review Board or other approving agent or body. Single block face. A continuous span along a block without a vehicular street. Skilled nursing facility. An institution or part of an institution that provides licensed, skilled, full-time nursing care and related services for patients who require medical, nursing, and/or rehabilitative services. The facility Page 39 ARTICLE 2 DEFINITIONS 2-37 South Burlington Land Development Regulations shall provide extended and/or intermediate care for those who by reason of advanced age, illness, infirmity, or mental impairments need acute, chronic, or convalescent care. Such facility shall also be known as a nursing home, convalescent facility, or long-term care facility. Small maturing tree. A tree whose height is thirty-five (35) feet or less at maturity and meets the specification of “American Standards for Nursery Stock” published by the American Association of Nurserymen. See also canopy tree. Social services. Establishments providing assistance and aid to those persons requiring counseling for psychological problems, employment, learning disabilities, and/or physical disabilities. This includes organizations soliciting funds for these and related services. May include on-site ancillary services, such as child care, but shall not include accommodations for overnight stays. Steep Slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and 25% containing a vertical drop of at least three (3) feet. Steep Slopes, Very. Any land formation, aside from individual rocks, with a calculated slope of over 25% containing a vertical drop of at least three (3) feet. Stoop. A building entry facing a street, civic space, or courtyard with the first story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance. Stormwater. The portion of precipitation and snowmelt that flows across ground surfaces and is eventually returned to a waterbody such as a river, stream, pond, or reservoir. Story. That part of a building above ground level between a floor and the floor next above. If there is no floor above it, then the space between the floor and the roof or ceiling next above it. Story shall include basements and not cellars. An intermediate floor between the floor and ceiling of any story shall be deemed a mezzanine and shall not be counted as a story unless the total of all mezzanine areas exceeds five thousand square feet (5,000 SF) or one-third of the area of the floor immediately below it, whichever is less. A basement shall be considered as a story where the finished surface of the floor above the basement is: (1) More than four (4) feet above the average pre-construction level of the adjoining ground, or (2) More than twelve (12) feet above the pre-construction ground level at any point. Half Story. The habitable floor area within the roof of a sloped roof structure or the attic made habitable with dormers. Ground Story. The first story of a building other than a cellar or basement. Roofline story. A story whose finished floor is located at or above the principal roofline of a building. Story Below Roofline. A story whose finished floor is located below the principal roofline of a building. Story Facing Street. A Story Below Roofline that faces an existing or planned private or public street. A story shall be considered to face an existing or planned private or public street if any point along the side of the building most closely parallel such street is exposed by more than four (4) feet. Total Stories. The sum of all stories in a building. Page 40 ARTICLE 2 DEFINITIONS 2-38 South Burlington Land Development Regulations Stream. A watercourse having a source and terminus, banks, and channel through which waters flow at least periodically. Stream, major. In the City of South Burlington, these shall be the Winooski River, Muddy Brook, and the main stem of Potash Brook. Stream, minor. In the City of South Burlington, these shall be the main stem and all tributaries of North Brook, Monroe Brook, Bartlett Brook, Centennial Brook, and Engelsby Brook; those streams forming the headwaters of Shelburne Pond; and all tributaries of Potash Brook and Muddy Brook. Stream, intermittent. Streams with a drainage area smaller than 0.5 square miles that are not subject to the River Corridor regulations. This definition shall not include ditches and other constructed channels primarily associated with land drainage or water conveyance., Street. A way primarily for vehicular travel that (A) is an existing state, county, or municipal roadway; (B) or is shown upon an approved and recorded plat approved pursuant to law; or (C) is approved by other official action. A street shall include all land between the street lines (also known as the boundary lines of the right- of-way), whether improved or unimproved. The word “street” shall be equivalent to the words “road” or “roadway.” Street, arterial. A public street that is used or will be used primarily for through traffic flow. These streets are designated in the transportation chapter of the 2001 Comprehensive Plan, or most recent update. Street, collector. A street that is used or will be used primarily for connecting local street traffic to the arterial street system. These streets are designated in the transportation chapter of the 2001 Comprehensive Plan, or most recent update. Street, local. A street used primarily for direct access to property and not for through traffic flow. These streets are all those not designated as arterial or collector. Street, private. A private street is any street providing access to one or more parcels of land that is not intended to be accepted for ownership by the City. The dimensional standards, including width of the right of way and roadbed, and method of connection to public streets, are determined by the City. A private street is expected to meet the standards determined by the City and shall not be confused for an access drive, driveway or the specifications thereof. Street, public. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the City by the recording of a subdivision plat or irrevocable offer of dedication, built to public street standards, and eligible for ownership by the City of South Burlington or other public entity. Street furniture. Objects placed along a street for public use, such as benches, waste bins, etc. Street orientation. The direction of the front façade of a structure in relation to the street. Street line. The outer boundary of a street right-of-way. Page 41 ARTICLE 2 DEFINITIONS 2-39 South Burlington Land Development Regulations Street Type. Title, function and requirements for design of street rights-of-way. Street right-of-way. Any right-of-way that is either: (A) Public: set aside for public travel which is accepted or eligible to be accepted for ownership by the City of South Burlington or the State, if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the City of South Burlington; or has otherwise been established as a public street prior to the adoption of these land development regulations; the right-of-way for a public street. Or (B) Private: set aside to allow travel and access between one or more parcels of land and a public street, the dimensions of which shall be depicted clearly on a plat or plan approved or subsequently approved by the City and recorded or proposed to be recorded in the land records and which is not intended to be, and will not be, accepted for ownership by the City of South Burlington; the right-of- way for a private street. Structure. Any construction, erection, assemblage or other combination of materials upon the land, including but not limited to, buildings, mobile homes, swimming pools, tennis courts, antennas, satellite dishes, utility sheds, trailers, billboards, signs, walls or fences (except a wall or fence on an operating farm). A structure may be erected for use, occupancy, or ornamentation, and the use of which requires permanent or temporary location on, above, or below the surface of the ground or water. By definition, all buildings are structures, but not all structures are buildings. The term “structure” shall not include paved surfaces such as parking areas, sidewalks, and patios. Subdivider. Any person, firm, corporation, partnership, or association, who shall lay out for the purpose of sale or development any subdivision or part thereof as defined herein either for himself or others. The term shall include an applicant for subdivision approval. Subdivision. (A) The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions of land for sale, development, or lease. The term subdivision includes amended subdivision and, as appropriate in these regulations, shall refer to the process of subdividing land. (B) Division of land for agricultural or forestry purposes in parcels all of which are larger than twenty five (25) acres, not involving any new street or access, shall not be deemed a subdivision, provided an instrument which waives development rights, until and unless subdivision review occurs, is approved by the City Attorney and City Council, and is recorded in the City's land records. (BC) Division of land such as for minor realignment of property boundary lines of pre-existing lots, for municipal purposes which conform to the Comprehensive Plan (such as road widening, easements, sidewalks, parks, etc.), or alteration of existing lots as specifically permitted under these Land Development Regulations, shall not be deemed a subdivision, but is known as a minor lot line adjustment. Page 42 ARTICLE 2 DEFINITIONS 2-40 South Burlington Land Development Regulations Subdivision, major. Any subdivision involving any of the following: (1) the creation of three or more lots, (2) a planned unit development, (3) the extension or creation of public streets, or (4) the extension of any off-tract municipal or governmental facilities or improvement. Subdivision, minor. Any subdivision that is not a major subdivision as defined above. Substantial improvement. Any repair, reconstruction, or improvement of a structure or property, the cost of which equals or exceeds fifty percent (50%) of the fair market value of the structure or property either, (A) before the improvement or repair is started, or (B) if the structure or property has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (A) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (B) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Substantial reconstruction. The reconstruction of an impervious surface where an impervious surface currently exists when such reconstruction involves site grading, subsurface excavation, or modification of existing stormwater conveyance. Substantial reconstruction does not include maintenance or management activities on impervious surfaces including any crack sealing, patching, cold planing, resurfacing, or reclaiming, or grading treatments used to maintain pavement and, bridges, or grading treatments used to maintain and unpaved roads. Supermarket or grocery store. See retail food establishment. Swimming pool. An artificial man-made body of water or receptacle for water and constructed, installed, or maintained in or above ground. Tavern. See bar. TDR. Transfer of Development Rights or Transferrable Development Rights. Technical deficiency. A defect in a proposed plan or bylaw, or an amendment or repeal thereof which does not involve substantive change to the proposal, including but not limited to corrections to grammar, spelling and punctuation, as well as the numbering of sections. Townhouse or rowhouse. See dwelling. Tract. An area, parcel, site, piece of land, or property that is the subject of a development application. Trailer. A structure standing on wheels, towed, or hauled by another vehicle that carries materials, goods or objects, or is used as a temporary office. Trailers shall be allowed on a work site as temporary offices provided any such temporary location has received necessary approvals. Travel lane. The portion of the pavement width of a street dedicated primarily to the movement of vehicles in one track of travel including striping if present. Page 43 ARTICLE 2 DEFINITIONS 2-41 South Burlington Land Development Regulations Telecommunications. The transmission and reception of audio, video, data, and other information by wire, radio frequency, light, microwave, and other electronic or electromagnetic systems. Telecommunications tower. A structure on which transmitting and/or receiving antenna(e) are located. Such antenna(e) may be used for commercial, industrial, municipal, county or state telecommunication purposes. Such structure may be a purpose-built free-standing tower, guyed tower, monopole, camouflaged or “stealth” design tower, a roof with mounted antenna(e), or any building façade of steeple, water tower, silo, sign, or other similar structure. Transferrable Development Rights. The development potential of a parcel of land assigned by these regulations which may be severed from a parcel, the sending parcel, and which may be transferred to and used on another parcel, the receiving parcel. To the extent that the development potential of a sending parcel is used on a receiving parcel, rights or interests in the parcel created by a legal instrument in perpetuity, conserving the sending parcel and limiting the possible uses of the sending parcel to agriculture, forestry, natural area and/or outdoor non-motorized recreation shall be granted to the City, a State agency or a Qualified Organization, as defined in 10 V.S.A. section 6301a, as amended from time to time. Transportation services. Establishments primarily engaged in furnishing passenger transportation, including local, statewide and interstate bus service, taxicabs, passenger transportation charter service, and terminal and maintenance/service facilities for motor vehicle passenger transportation. Transect Zone. A type of District established within the Form Based Code portion of these Land Development Regulations. Also known as a T-Zone. Transect Zone Unit. Within a Transect Zone, a unit shall be considered as 1,500 sq. ft. gross floor area (GFA) (regardless of the number of bedrooms or use) for the purposes of calculating minimum density. All new dwelling units less than 1,500 sq. ft. GFA shall equal the proposed new unit GFA sq. footage divided by 1,500, for example: 750 sq. ft. shall be considered ½ unit. A new structure or proposed square footage of 1,501 sq. ft. GFA or larger shall be considered (proportionately) more than one unit; for example, 3,000 sq. ft. GFA of new or proposed construction shall be considered two units. Units per acre allowances shall use this standard. In T-5 and T-4 micro-units (for affordability purposes 200 sq. ft. to 500 sq. ft.) shall be allowed and encouraged. In T-3 cottage housing/starter houses (houses under 1200 sq. ft. or less than one unit) is encouraged. Transect Zone Subdivision. A subdivision of land within a Transect Zone. Undue Adverse Impact. An impact that 1) violates a clear, written community standard under these regulations, and that 2) cannot be mitigated through siting or design modifications or conditions of approval. Urban Agriculture. The use of land and structures within or on the edge of an urban or suburban area to produce, process, and market food and fuel, primarily for local consumption. Characterized by intensive production methods on relatively small sites as compared to traditional farming. May include but not limited to: greenhouses; rooftop gardens; community gardens; backyard poultry, bees, or other livestock. Use. The specific purpose or activity for which a structure, building, or land is or may be designed, arranged, designated, or intended or for which a structure, building, or land is or may be occupied and maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. Page 44 ARTICLE 2 DEFINITIONS 2-42 South Burlington Land Development Regulations Utility, private or public. (A) Any person, entity, agency, or establishment which, under public franchise or ownership, or under certificate of convenience and necessity, generates, transmits, distributes, and/or provides the public with utility services such as electricity, gas, heat, steam, communication, transportation, water, sewage collection, cable television, telephone, or other similar service, or (B) a closely regulated private enterprise with a franchise for providing a public service. Such services include the erection, construction, alteration, or maintenance of underground, surface or overhead transmission and collection systems, and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service. Utility cabinet. This generic term shall encompass electric transformers, switch boxes, telephone pedestals and telephone boxes, cable television boxes, traffic control boxes, accessory telecommunications transmission equipment and storage sheds, substation, or communication relay station, and similar devices. Vacancy. Any unoccupied land, structure, or part thereof that is available and suitable for occupancy. Vested right. The right to undertake and/or to complete a development and use of property under the terms and conditions of an approved subdivision plat or site plan. Veterinary hospital. A place where animals are given medical care and the boarding of animals is limited to short-term care for a certain period of time. Includes pet grooming. May or may not include associated outdoor exercise facilities. Walkable mixed-use development. Such development shall be designed as part of a planned unit development or master plan and shall have the following components: (A) a mix of residential and commercial uses and densities, with institutional and municipal uses encouraged; (B) proximity to public transportation (ideally within one-half mile); (C) a connected street network with relatively short blocks, sidewalks and crosswalks, pedestrian-scaled lighting, street trees, and/or recreation paths and bicycle paths; and (D) a compact design characterized, for example, by lots smaller than typically required in commercial districts in these land development regulations, and streets narrower than typically required, and housing and businesses oriented towards the street rather than parking areas. Warehouse. A building used primarily for the storage of goods, materials, and merchandise. Warehousing. The indoor storage of goods, materials, and merchandise for shipment to or processing on another property. This may include truck terminal facilities for handling freight with or without maintenance facilities. Wetland. An area that is inundated by surface or groundwater with a frequency sufficient to support vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include, but are not limited to, fens, marshes, swamps, sloughs, potholes, ponds, but excluding such areas as used to grow food or crops in connection with farming activities. The boundary of a wetland shall be delineated by the methodology set forth in the 1989 edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, or any subsequent amendment or revision of that document. Wetlands are classified as Class I, Class II, or Class III wetlands by the most recently adopted Vermont Wetland Rules. Wholesale Club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal Page 45 ARTICLE 2 DEFINITIONS 2-43 South Burlington Land Development Regulations or household consumption or for business use. The patronage of a wholesale club is typically restricted by a membership requirement. Wholesale establishment. An establishment or place of business primarily engaged in selling goods, products, material, and merchandise stored on the premises to retailers or persons who are the intermediaries between the producer and the consumer; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Under these Regulations, this definition of Wholesale establishment specifically excludes the Wholesale Club use. A Wholesale Club shall not be considered to be a Wholesale establishment. Window Head: The upper transverse member of a window. Window Head Height: Height of a window head measured from the floor of the building’s story. Window Sill: The horizontal member at the bottom of a window opening. Working Land. Land that is used for farming or forestry. Yard. An area on a lot that lies between the principal or accessory building or buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward to the sky by any structure or portion thereof except as permitted by these land development regulations. Fences, walls, poles, posts, and other customary yard accessories and ornaments may be permitted in any required yard, subject to height limitations. A required yard is that portion of a yard meeting the minimum yard requirements of the applicable zoning district. [See Also Figure 2-1, Lot Lines and Yards] Yard, front. A yard extending the full length of the front lot line and situated between the front lot line and the front of the principal building at its farthest point from the front lot line. Each yard that abuts a front lot line shall be deemed a front yard. Yard, rear. A yard extending across the full length of the rear lot line and situated between the rear lot line and the back of the principal building at its farthest point from the rear lot line. In the case of a through lot or corner lot, there shall be no rear yard, but only front and side yards. Yard, side. A yard extending along the full length of the side lot line and situated between the side lot line and the side of the principal building at its farthest point from the side lot line, but excluding any area encompassed within a front yard or rear yard. In the case of a through lot or corner lot, there shall be no rear yard, but only front and side yards. See Figure 2-1. Zero lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Zoning district. A specifically delineated area or district within the corporate limits of the City of South Burlington for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of buildings and premises are uniform. This is also known as a zone. Zoning map. The Zoning Map or Maps of the City of South Burlington, Vermont, together with all amendments subsequently adopted, which are part of these Land Development Regulations and which delineate the Page 46 ARTICLE 2 DEFINITIONS 2-44 South Burlington Land Development Regulations boundaries of the zoning districts. Also includes any Form Based-Codes District Map and associated designated Street Types. Zoning permit. A document signed by the Administrative Officer, as required in these Regulations, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure, or building complies with the provisions of the Regulations or authorized variance. 2.03 Definitions for Flood Hazard and River Corridor Purposes The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay District. Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for the purposes of this bylaw. Associated transportation and utility networks. Those transportation and utility networks connected to a bridge, culvert, or utility for the purpose of crossing a river or stream and do not include transportation or utility networks within the river corridor that merely run parallel to a river or stream. Average grade level. The average of the natural or existing topography at center of all exterior walls of a building or structure to be placed on site. Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year (commonly referred to as the “100-year flood”). Base Flood Elevation (BFE). The elevation of the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. On the Flood Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or the average depth of the base flood, usually in feet, above the ground surface. Basement. Any area of a building having its floor elevation below ground level on all sides, including crawlspaces. Channel. An area that contains continuously or intermittently flowing water that is confined by banks and a streambed. Common Plan of Development. Where a structure will be refurbished or constructed over a period of time under one approved plan or permit, but in separate stages, phases, or in combination with other construction activities. Such work might be planned unit by unit and may take place at different times, or on different schedules. Critical facilities. Facilities that are vital to public health and safety – includes police stations, fire and rescue facilities, hospitals, public and private schools, shelters providing temporary housing assistance, assisted living facilities, congregate care facilities, and skilled burning facilities. Page 47 ARTICLE 2 DEFINITIONS 2-45 South Burlington Land Development Regulations Designated center. A downtown, village center, new town center, growth center, or neighborhood development area designated pursuant to 24 V.S.A. Chapter 76A. Development. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Encroachment. Activities or construction including fill, substantial improvements, and other development that may cause an increase in flood levels. Equilibrium condition. The width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation. Fill. Any placed material that changes the natural grade, redirects the movement of flood water, or diminishes the flood storage capacity at the site. Temporary storage of materials for less than 180 days is not considered fill. Flood. (a) a general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; (b) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. Flood hazard. Those hazards related to damage from flood-related inundation or erosion. Flood hazard area. Shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1. “Area of special flood hazard” is synonymous with the term “special flood hazard area.” Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. In some communities the hazard boundaries are available in paper, pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if appropriate, the corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood related erosion hazards. Page 48 ARTICLE 2 DEFINITIONS 2-46 South Burlington Land Development Regulations Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source (see definition of “flood”). Flood proofing. Any combination of structural and non- structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Please note that Special Flood Hazard Areas and floodways may be shown on a separate map panels. Floodway, Regulatory in the City of South Burlington. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Fluvial erosion. The erosion or scouring of riverbeds and banks during high flow conditions of a river. Fluvial erosion is most likely to occur within the river corridor. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. Grading. The movement or replacement of topsoil or other material originating on the site and within the flood hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought from outside the flood hazard area and such new material is not offset with an equal or greater removal of material from the portion of the site within the flood hazard area, the new material shall be considered “fill” and shall not be considered grading. Historic Structure. Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. Page 49 ARTICLE 2 DEFINITIONS 2-47 South Burlington Land Development Regulations Infill development. A construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in an area that was not previously developed but is surrounded by existing development. Letter of Map Change (LOMC). A letter issued by FEMA officially removing a structure or lot from the flood hazard area based on information provided by a certified engineer or surveyor. This is used where structures or lots are located above the base flood elevation and have been inadvertently included in the mapped special flood hazard area. A LOMC can include a Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), Letter of Map Revision based on Fill (LOMR-F), or a Letter of Map Revision for a Floodway (LOMR-FW). Lowest floor. The lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. Manufactured home (or Mobile home). A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. National Flood Insurance Program. The National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance Program aims to reduce the impact of flooding on private and public structures. It does so by providing affordable insurance to property owners in communities that adopt and enforce floodplain management regulations. These efforts help mitigate the effects of flooding on new and improved structures. Natural and beneficial floodplain functions. The functions associated with the natural or relatively undisturbed floodplain which include moderating flooding, retaining flood waters, and reducing erosion, sedimentation and flood related damage. Ancillary beneficial functions include support of ecosystem services such as wildlife habitat, water quality, and recharge of ground water. New construction. Structures for which the start of construction commenced on or after the effective date of the floodplain management regulation and/or River Corridor regulations adopted by the community and includes any subsequent improvements to such structures. Non-residential. Uses not defined as “Residential Use” in Section 2.02. Public water access. A public access to a water of the State and, except for toilet facilities, shall not include structures as defined in this bylaw. Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. Redevelopment. The construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in a previously developed area. The term includes substantial improvements and repairs to substantially damaged buildings. Page 50 ARTICLE 2 DEFINITIONS 2-48 South Burlington Land Development Regulations Replacement structure. A new building placed in the same footprint as the pre-existing building and does not include a change in use. River. The full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. “River” does not mean constructed drainageways, including water bars, swales, and roadside ditches. River corridor. The land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of an dynamic equilibrium conditions and for minimization of fluvial erosion hazards, as delineated by the Vermont Agency of Natural Resources in accordance with river corridor protection procedures. (10 V.S.A. § 1422). Special Flood Hazard Area. The floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. For purposes of these regulations, the term “area of special flood hazard” is synonymous in meaning with the phrase “special flood hazard area”. This area is usually labeled Zone A, AO, AH, AE, or A1-30 in the most current flood insurance studies and on the maps published by the Federal Emergency Management Agency. Maps of this area are available for viewing in the municipal office or online from the FEMA Map Service Center: msc.fema.gov. Base flood elevations have not been determined in Zone A where the flood risk has been mapped by approximate methods. Base flood elevations are shown at selected intervals on maps of Special Flood Hazard Areas that are determined by detailed methods. Please note, where floodways have been determined they may be shown on separate map panels from the Flood Insurance Rate Maps. Start of construction. For purposes of floodplain management, determines the effective map or bylaw that regulated development in the Special Flood Hazard Area. The “start of construction” includes substantial improvement, and means the date the zoning permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, Page 51 ARTICLE 2 DEFINITIONS 2-49 South Burlington Land Development Regulations floor, or other structural part of a building, regardless whether that alteration affects the external dimensions of the building. Storage. The aggregation of materials, items, or objects whether natural or human-made; that is kept as a stockpile, collection, or inventory; where individual materials from the stockpile, collection or inventory may change, but where the general footprint of the stored materials continues to be used for the same purpose; whether set upon the land or within a container, structure, or facility; and that would not otherwise be in compliance with these development standards. Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a manufactured home, and any related built systems, including gas or liquid storage tanks. Substantial damage. In Floodplain Overlay District Zones A, AE, and A1-30, Ddamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred. In Floodplain Overlay District Zones 0.2% B1 and B2, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 100 percent of the market value of the structure before the damage occurred. Substantial improvement. In Floodplain Overlay District Zones A, AE, and A1-30, Aany repair, reconstruction, rehabilitation, addition, or other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three years, or over the period of a common plan of development, cumulatively equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (b) Any alteration of an “historic structure”, provided that the alteration will not preclude the structure’s continued designation as an “historic structure”. In Floodplain Overlay District Zones 0.2% B1 and B2, any repair, reconstruction, rehabilitation, addition, or other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three years, or over the period of a common plan of development, cumulatively equals or exceeds 100 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (b) Any alteration of an “historic structure”, provided that the alteration will not preclude the structure’s continued designation as an “historic structure”. Page 52 ARTICLE 2 DEFINITIONS 2-50 South Burlington Land Development Regulations Top of bank. The point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high-water stage. Top of slope. A break in slopes adjacent to steep-banked streams that have little or no floodplain; or a break in slope where the side slopes adjacent to an incised, or deeply cut, channel meet floodplains that have been abandoned or are undergoing abandonment. Violation. The failure of a structure or other development to be fully compliant with this bylaw. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided. Watercourse. Any perennial stream and shall not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure. Wet-floodproofing. Permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding by allowing water to enter the structure in accordance with Technical Bulletin 7 published by FEMA. https://www.fema.gov/media-library/assets/documents/3503 Page 53 ARTICLE 3 GENERAL PROVISIONS 3-1 South Burlington Land Development Regulations 3 GENERAL PROVISIONS 3.01 Establishment of Districts and Description of Certain Districts 3.02 Official Map,s Overlay District Map, and Other Maps 3.03 District Boundaries 3.04 Applicability of Regulations 3.05 Lots 3.06 Setbacks and Buffers 3.07 Height of Structures 3.08 Temporary Structures and Uses 3.09 Multiple Structures and Uses 3.10 Accessory Structures and Uses 3.11 Accessory Dwelling Units 3.12 Home Occupations 3.13 Group Homes and Residential Care Homes 3.14 Registered and Licensed Family Child Care Homes 3.1115 Nonconformities 3.12 Alteration of Existing Grade 3.1316 General Performance and Maintenance Standards 3.1417 Reasonable Accommodation to Ensure Equal Access to Housing 3.1518 Residential and Commercial Building Energy Standards 3.01 Establishment of Districts and Description of Certain Districts A. Establishment of Districts. For the purpose of these regulations, the City of South Burlington is hereby divided into the districts shown on the Official Zoning Map. This zoning code bylaw also contains provisions for overlay districts and a floating district. (1) Residential Districts R1 Residential 1 District R1-PURD Residential 1 with Planned Residential Unit Development District R1-Lakeshore Residential 1- Lakeshore District R2 Residential 2 District R4 Residential 4 District R7 Residential 7 District R12 Residential 12 District LN Lakeshore Neighborhood District QCP Queen City Park District SEQ-NRP Southeast Quadrant-Natural Resource Protection District SEQ-NRT Southeast Quadrant-Neighborhood Residential Transition District SEQ-NR Southeast Quadrant-Neighborhood Residential District SEQ-NRN Southeast Quadrant Neighborhood Residential North District SEQ-VR Southeast Quadrant-Village Residential District (2) Commercial Districts C1 Commercial 1 District (also designated “C1-R12” or “C1-R15”) C1-AUTO Commercial 1 with Automobile Sales District Page 54 ARTICLE 3 GENERAL PROVISIONS 3-2 South Burlington Land Development Regulations C1-AIR Commercial 1 with Airport-Related Uses District C1-LR Commercial 1 with Limited Retail District C2 Commercial 2 District SW Swift Street District AR Allen Road District R7-NC Residential 7-Neighborhood Commercial District SEQ-VC Southeast Quadrant-Village Commercial District (3) Industrial and Airport Districts IC Mixed Industrial and Commercial District AIR Airport District AIR-I Airport Industrial District I-O Industrial and Open Space District (4) Other Districts IA Institutional and Agricultural District (includes IA North and IA-South) PR Park and Recreation District MU Municipal District (5) Overlay Districts. The following overlay districts are shown on the Overlay Districts Map: Floodplain Overlay District Traffic Overlay District Scenic View Protection Overlay District Interstate Highway Overlay District Transit Overlay District Urban Design Overlay District River Corridor Overlay District Habitat Block Overlay District Habitat Connector Overlay District (6) City Center Form Based Codes District T-1 Transect Zone 1 T-3 Transect Zone 3-City Center T-3+ Transect Zone 3 Plus- City Center T-4 Transect Zone 4 Urban Multi-Use T-5 Transect Zone 5 City Center B. Description of Certain Districts. (1) Floodplain Overlay District. The boundaries of the Floodplain Overlay District shall include those areas that are identified as areas of special flood hazard (Zones A, AE, A1-30, and 0.2%) in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, as provided by the Secretary of the Agency of Natural Resources pursuant to 10 V.S.A. Chapter 32 § 753, which are hereby adopted by reference and declared to be part of these regulations. Zone 0.2% has been further divided into Zone B1 and Zone B2 on the Hazards and Level II Natural Resources Maps, respectively. The location of the Page 55 ARTICLE 3 GENERAL PROVISIONS 3-3 South Burlington Land Development Regulations boundary shall be determined by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO, a Letter of Map Amendment from FEMA shall constitute proof.) (a) Floodplain Overlay District (Zones A, AE, and A1-30) Subdistrict. The boundaries of these Zones Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict shall include those areas of special flood hazard designated in and on the above referenced studies and maps as Zones A, AE, or A1-30. (b) Floodplain Overlay District (sZones 0.2% B1A and B2) Subdistrict. The boundaries of these Zones Floodplain Overlay (Zone 0.2%) Subdistrict shall include those areas of special flood hazard designated in and on the above referenced studies and maps as Zone 0.2%, and are separated into a zone that reflects generally developed and priority development areas, and a zone that reflects generally undeveloped areas. (2) Traffic Overlay District. (a) The boundaries of high-volume roadway segments and the balance of restricted roadway segments within the Traffic Overlay District shall include the entire right-of-way of all delineated roadway segments. Cross-streets are not included. (b) The boundaries of major intersections within the Traffic Overlay District shall include all approaches to the intersection. Any dimensional approach as shown on the Traffic Overlay Zone Map shall be measured from the point of intersection of the street centerlines at the major intersection. The first fifty (50) feet of un-dimensioned minor cross-streets shall be included within the boundaries of the major intersection. (3) Park and Recreation District. The boundaries of the Park and Recreation District shall include all City owned or leased parkland and all lands owned by the Winooski Valley Park District; also, all future land granted to or purchased by the City for use as public parkland shall be included in the Park and Recreation District at the time of the grant or purchase. (34) Airport Approach Cone. The boundaries of the Airport Approach Cone, as shown on the Official Zoning Map, include all approaches to the runways at the Burlington International Airport. Angles and widths of the approach cones are more specifically defined in the 1991 Burlington International Airport Airport Master Plan Update Burlington International Airport, or most recent update. (45) River Corridor Overlay District. The boundaries of the River Corridor Overlay District shall include those areas mapped as Statewide River Corridors in the City of South Burlington, Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that data based on field-based assessments which are hereby adopted by reference. On perennial streams with a watershed size greater than half a square mile for which River Corridors are not mapped, the standards in IG. (4) Development Standards of Section 120.07 River Corridor Overlay District shall apply to the area measured as 50 feet from the top of the stream bank or slope. (5) Habitat Block Overlay District. The boundaries of the Habitat Block Overlay District shall include those areas mapped as the Habitat Blocks on the Habitat Blocks and Habitat Connectors Map. (6) Habitat Connector Overlay District. The boundaries of the Habitat Connector Overlay District shall include those areas mapped as Habitat Connectors on the Habitat Blocks and Habitat Connectors Map. Page 56 ARTICLE 3 GENERAL PROVISIONS 3-4 South Burlington Land Development Regulations 3.02 Official Map, Overlay District Maps,s and Other Maps A. Official Zoning Map. The Official Zoning Map describes the different and separate districts of the City of South Burlington set forth in Section 3.01. The Official Zoning Map is a component of these Land Development Regulations.filed in the office of the City Clerk and is incorporated herein by reference. B. Overlay Districts Maps 1 and 2. The Overlay Districts Maps describes the different and separate overlay districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map2 isare a component of these Land Development Regulationsfiled in the office of the City Clerk and is incorporated herein by reference. C. City Center Form Based Code Primary and Secondary Streets, and Block Standard Applicability Map. This map shows the applicable Transect zone, primary and secondary streets, and block standard applicability within the City Center Form Based Code (Article 8). D. Natural Resources Map. The Natural Resources Map identifies Hazards and Level II Resources, where mapping exists, that are subject to the restrictions set forth in Article 12 of these regulations where mapping exists. Delineations of boundaries of each resource are established within the applicable Article 12 Section. E. Habitat Block and Habitat Connector Overlay Districts Map. The Habitat Blocks and Connectors Overlay District Map designates and establishes the boundaries of Habitat Block and Habitat Connector Overlay Districts that are subject to the standards and restrictions set forth in Sections 12.04 and 12.05 of these regulations. C. Southeast Quadrant Official Zoning Map. The Southeast Quadrant Official Zoning Map describes the sub-districts pertaining to the Southeast Quadrant District as set forth in Article 9 of these Regulations and is incorporated into the Official Zoning Map D. Wetlands Map. The Wetlands Map identifies wetland areas throughout the City that are subject to the restrictions set forth in Article 12 of these regulations. The Wetlands Map is filed in the office of the City Clerk and is incorporated herein by reference. E. Scenic View Protection Overlay Districts. The maps identifying overlay districts wherein special standards apply are filed in the office of the City Clerk and are incorporated herein by reference. G. Official Map. The Official Map of the City of South Burlington is adopted pursuant to subsection 3 of section 4401, Title 24 VSA Chapter 117, as amended, filed in the office of the City Clerk, and incorporated herein by reference. 3.03 District Boundaries A. Interpretation of District Boundaries (1) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Planning Commission shall determine the location, aided by the rules set forth in this section. Requests for interpretation of district boundaries of or within the Southeast Quadrant shall be subject to the provisions of Section 9.04(D) of these Regulations. Page 57 ARTICLE 3 GENERAL PROVISIONS 3-5 South Burlington Land Development Regulations (2) Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines. (3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. (4) Boundaries indicated as following railroad lines shall be construed to follow the center line of the railroad right-of-way. (5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line such boundaries shall be construed as moving with the actual shore line. (6) Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. (7) Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map or described under each zone shall be determined by the scale of the map. B. Interpretation by Planning Commission. Where physical or cultural features existing on the ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 7 above, the Planning Commission shall interpret the district boundaries. C. Split Lots. Where a district boundary line divides a lot which was in a single ownership at the time of passage of these regulations, the Development Review Board may permit, as a conditional use, the extension of the regulations for either portion of the lot but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot (See Article 14 for Conditional Use Review). This provision shall not apply to the boundary lines of any overlay or floating district. D. Wetland Boundaries. The boundaries of wetlands shall be as shown on the Official Wetlands Map unless alternative information is submitted and reviewed pursuant to the standards and procedures for review set forth in Article 12, Section 12.02(C) and (D) of these Regulations. All wetland delineations submitted for review by the City shall be delineated by the methodology set forth in the most recent edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. This methodology employs three parameters: vegetation, soils and hydrology. The Development Review Board may use the most recent edition of The Wetland Plant List of the State of Vermont published by the U.S. Fish and Wildlife Service to determine the frequency of vegetation occurrence in wetlands. 3.04 Applicability of Regulations A. Area, Density, and Dimensional Requirements. Except where the text of these Regulations provides otherwise, the size and dimension of lots and yards, lot coverage, and density for all districts, except floating and overlay districts, shall be as shown in Table C-2, Dimensional Standards. B. Minimum Requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare. C. Primacy of Land Development Regulations. Where these regulations impose a greater restriction than imposed or required by other provisions of law or by other laws, rules, regulations, resolutions or ordinances, the provisions of these regulations shall control. Page 58 ARTICLE 3 GENERAL PROVISIONS 3-6 South Burlington Land Development Regulations D. Conflict with other Regulations or Private Restrictions. The provisions of these regulations shall not be construed to abrogate or annul the provisions of other ordinances or regulations or to impair private restrictions placed upon property. Where these regulations impose a greater restriction upon land, buildings, or structures than is imposed by any such provision, the restrictions of these regulations shall control. E. Most Recent Amendment in Effect. Any citation of a statute, law, rule, regulation or ordinance contained in these regulations shall be deemed to refer to such statute, law, rule, regulation or ordinance as amended, whether or not such designation is included in the citation. F. Measuring Distance. Unless otherwise specified, all distances shall be measured horizontally. G. Farms, Farm Structures and Silvicultural Practices. These Regulations shall not regulate accepted agricultural and silvicultural practices as defined by the Secretary of Agriculture, Food and Markets, including the construction of farm structures as defined in these Regulations, except that a person shall notify the Department of Planning and Zoning in writing of the intent to build a farm structure and shall abide by setbacks approved by the Secretary of Agriculture, Food and Markets. H. Limitations on Authority. These regulations apply to all proposed land development, except as limited by the provisions of 24 V.S.A. § 4413. For example, Habitat Block and Habitat Connector designations are subject to the limitations in 24 V.S.A § 4413(a) for uses enumerated therein and proposed by entities such as the State of Vermont, the City of South Burlington, the Champlain Water District, or the University of Vermont. This subsection is intended to provide notice of existing limitations on these regulations and is not intended to impose any limitations beyond those already imposed by 24 V.S.A. § 4413. This language is repeated on the Habitat Block and Habitat Connector Overlay District map. I. Undue Adverse Effect. Where the terms Undue Adverse Effect or Undue Adverse Impact are used in these Regulations, the Development Review Board shall apply the test enumerated in Figure 3-0, Determining Undue Adverse Effect: Page 59 ARTICLE 3 GENERAL PROVISIONS 3-7 South Burlington Land Development Regulations Figure 3-0 Determining Undue Adverse Effect 3.05 Lots A. Reduction of Lot Size. No lot shall be so reduced in area that the lot size, coverage, setbacks, or other requirements of these regulations shall be smaller than herein prescribed for each district. B. Lots with No Road Frontage. (1) No land development may be permitted on lots which do not have either frontage on a public road or public waters, unless, with the approval of the Development Review Board through a miscellaneous application, such lots have access to a public road or waters by a permanent easement or right-of-way at least twenty (20) feet in width. (2) The Development Review Board may approve subdivision or development of existing lots with no frontage on a public street, as long as access to such a street by a permanent easement or right-of-way at least twenty (20) feet in width is provided, according to the following procedures: (a) Required Information. Applications shall include a plan drawn to scale showing boundaries of all properties crossed by and to be served by the proposed private right-of-way, dimensions and grades of the right-of-way, point of access onto a public street, and other information as the Development Review Board may require. (b) Conditions of Approval. Any application to create a new lot with no road frontage shall be subject to the requirements and major subdivision criteria of Article 15 of these Regulations in addition to this section. The following test shall be used by the Development Review Board in all circumstances when the South Burlington Land Development Regulations requires the Development Review Board to determine whether or not a project will have an undue adverse effect. 1. First, the Development Review Board shall determine if a proposed project will have an adverse effect upon the resource, issue and/or facility in question. The Development Review Board shall determine such by responding to the following question: (a) Will the project have an detrimental impact upon the resource, issue and/or facility in question? 2. If it is determined by the Development Review Board that a project will have an adverse effect, the Development Review Board shall then determine if the adverse effect is “undue.” To determine whether or not an adverse effect is undue, the Development Review Board shall respond to the following two questions: (a) Will the project conflict with a clear, written standard in these regulations or the Municipal Plan applicable to the resource, issue or facility in question? (b) Can the detrimental impact be avoided through site or design modifications, or mitigation, or other conditions of approval? The Development Review Board shall conclude that adverse effect is “undue” if the answer to 2(a) is YES OR the answer to 2(b) is NO. Page 60 ARTICLE 3 GENERAL PROVISIONS 3-8 South Burlington Land Development Regulations (i) Number of lots and/or dwelling units on a private right-of-way. The Development Review Board shall limit the number of developable lots on a private right-of-way to three (3) and/or the number of multi-family units to ten (10), whichever is less, beyond which a public street shall be required (See Article 15, Subdivision). The Development Review Board shall require a public street if the number of developable lots is greater than three (3) and/or the number of multi-family units is ten (10) or more, whichever is less. The Development Review Board may also limit the length of a private right-of-way, and may impose other conditions as may be necessary to assure adequate emergency access to all lots and dwelling units. (iii) The Development Review Board may require a right-of way wider than the twenty (20) foot minimum if it is to serve more than one (1) lot. (iii) The Development Review Board may impose conditions to einsure the maintenance and permanency of a private right-of-way and to insure that a right-of-way will not place a burden on municipal services. (iiiv) For a lot with no frontage, the property line that abuts or is closest to the private right- of-way shall be construed as the front lot line and shall determine the front yard. C. Road Frontage. In order to promote infill development while protecting the character of existing neighborhoods, no lot shall be created without a minimum of 50-ft of frontage on a public road in the following districts: R1, R1-LV, R2, R4, and LN unless authorized under Article 15C, Planned Unit Development. D. Pre-Existing Small Lots. Any lot that is legally subdivided, is in individual and separate and nonaffiliated ownership from surrounding properties, and is in existence on the effective date of these Regulations may be developed for the purposes permitted in the district in which it is located, even though the small lot no longer conforms to the not conforming to minimum lot size requirements of these Regulations, if such lot is not less than one-eighth (1/8) acre in area with a minimum width or depth dimension of forty (40) feet. (1) However, development is prohibited on a lot not served by and able to connect to municipal sewer and water service if either of the following applies: (a) the lot is less than one-eighth acre in area; or (b) the lot has a width or depth dimension of less than 40 feet. E. Corner Lots. In cases where a lot has frontage on two streets, the lot shall be deemed a corner lot and shall have two frontages. In cases where a lot has frontage on a public street and on a private right-of-way, the lot shall be deemed a corner lot and shall have two frontages. 3.06 Existing and Planned Rights-of-Way; Setbacks; and Buffers A. General Provisions. The size and dimensions of setbacks shall be as indicated in Table C-2, Dimensional Standards, unless otherwise provided in these Regulations. B. Arterial and Collector Streets. Page 61 ARTICLE 3 GENERAL PROVISIONS 3-9 South Burlington Land Development Regulations (1) Existing and Planned Rights-of-Way Table 3-1 indicates estimated existing and planned street rights-of-way (ROW). For any proposed redevelopment project adjacent to a street in this Table, the relevant front property line shall be measured from the Planned Street ROW. Where the Planned Street ROW exceeds the Existing Street ROW, one half of the difference shall be assigned to each side of the street unless the Development Review Board finds that the street is not centered in its current ROW. Table 3-1 Existing and Planned Streets Rights-of-Way Street Existing Estimated Street ROW (feet) Minimum Planned Street ROW (feet) Airport Drive 66 80 Airport Parkway 66 66 Allen Road 66 66 Dorset Street, north of Swift 66 100 Dorset Street, south of Swift 66 66 Hinesburg Road 66 80 Kennedy Drive 100 100 Kimball Avenue 100 100 Market Street 80 80 Patchen Road 66 66 Shelburne Road 100 100 Shunpike Road, east of Kimball Avenue 80 80 Spear Street 66 66 Swift Street 50 66 Williston Road, east of the Hinesburg Road-Patchen Road intersection 66 90 Williston Road, from the Hinesburg-Patchen Road intersection west 66 100 (12) For the arterial and collector streets listed below, minimum front setbacks shall be fifty (50) feet from the edge of the planned street right-of-way or greater if so provided elsewhere in this Section 3.06. Table 3-2 Streets Requiring a Minimum 50’ setback Street Airport Drive Airport Parkway Allen Road Dorset Street, north of Swift Dorset Street, south of Swift Hinesburg Road, south of I-89 Kennedy Drive Kimball Avenue Page 62 ARTICLE 3 GENERAL PROVISIONS 3-10 South Burlington Land Development Regulations Market Street Patchen Road Shelburne Road Shunpike Road, east of Kimball Avenue Spear Street, south of I-189 Swift Street Williston Road, east of the Hinesburg Road-Patchen Road intersection Williston Road, from the Hinesburg-Patchen Road intersection west (2) Planned Arterial and Collector Streets. Planned public arterial and collector streets, as designated by the Development Review Board, shall be subject to the provisions of this Section 3.06 and any frontage requirements. C. Yards Abutting a Planned Street. Yards abutting a right-of-way designated for a planned public street shall have a minimum setback equal to the front setback requirement for the district in which the lot exists, unless the yards abut any of those streets listed in above, in Section 3.06.(B)(2) in which case the minimum setback shall be fifty (50) feet from the edge of the planned street right-of-way. D. Setback Calculation. No space which for the purpose of a building or dwelling has been counted or calculated as part of a side, front, or rear setback or open space provision required by this ordinancethese Regulations may be counted or calculated to satisfy or comply with a setback or space requirement of or for any other building. E. Traffic Visibility across Yards. No shrubbery shall be erected, maintained, or planted on any lot that obstructs or interferes with traffic visibility. In the case of corner lots, such restricted area shall be the triangular area formed by the lot lines along the streets and a line connecting them at points twenty-five (25) thirty (30) feet from the intersection. F. Structures Requiring Setbacks. Except as specifically provided elsewhere in these Regulations, the front, side, and rear setback provisions in Section 3.06 shall apply to all structures, except for fences. Residential utility sheds shall be set back at least five (5) feet from all property lines. G. Satellite dishes. Satellite dishes exceeding three (3) feet in diameter shall not be located within the area between a street right-of-way line and the front elevation of a building. Satellite dishes shall be screened. H. Front Setbacks setback area Landscaping for Non-Residential Uses. In the case of nonresidential uses, not more than thirty percent (30%) of the area of the required front setback shall be used for driveways and parking and the balance shall be suitably landscaped and maintained in good appearance. Design approaches that that use landscaping elements in the front setback which enhance stormwater infiltration or management are encouraged. No portion of the required front setback shall be used for storage or for any other purpose except as provided in this section. In addition, a continuous strip fifteen (15) feet in width traversed only by driveways and sidewalks shall be maintained between the street right-of-way line and the balance of the lot, which strip should be landscaped and maintained in good appearance. This provision shall apply also to yards that abut a right-of-way designated for a future street. I. Setback and Buffer Strip for Non-Residential Uses Adjacent to Residential District Boundaries. Page 63 ARTICLE 3 GENERAL PROVISIONS 3-11 South Burlington Land Development Regulations (1) Setback to residential zoning districts. Any new, reconstructed, or expanded principal building located wholly or primarily in a non-residential zoning district shall retain a setback of not less than sixty- five (65) feet from all adjacent residential zoning districts, unless applicable lots are part of a Master Plan or Planned Unit Development.Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a residential district, or where an existing non-residential use, structure or parking area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five (65) feet. (1)(2) Buffer strip. A buffer strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback in subsection (a) shall be installed and landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. (2)(3) The Development Review Board may permit new or expanded nonresidential uses, structures and/or parking areas, and new external light fixtures, within the setback and/or buffer as set forth in (1) or (2) above, and may approve a modification of the width of the required setback and/or landscaped buffer as set forth in (1) above. In doing so the DRB shall find that the proposed lighting, landscaping and/or fencing to be provided adjacent to the boundary of the residential district will provide equivalent screening of the noise, light and visual impacts of the new non-residential use to that which would be provided by the standard setback and buffer requirements in (1) above. However in no case may the required side or rear setback be reduced below the standard requirement for the zoning district in which the non-residential use is located. J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974. The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units that meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and the existing or proposed principal use on the lot is a single-family dwelling or a two-family dwelling. (1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a distance equal to 50% of the side or rear setback requirement of the district., but iIn no event, however, shall a structure have a side setback of less than five (5) feet unless approved by the Development Review Board in accordance with subsection (3) below. (2) Front Setbacks. A structure may encroach into a required front setback up to the average distance to the building line of the principal structures on adjacent lots on the same street frontage. , but i In no event, however, shall a structure have a front setback of less than five (5) feet unless approved by the Development Review Board in accordance with subsection (3) below. (3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a required setback beyond the limitations set forth in (1) and (2) above may be approved by the Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a front property line. No such additional encroachment shall be approved unless the In addition, the Development Review Board finds shall determine that the proposed encroachment will not have an undue adverse eaffect on: (a) views of adjoining and/or nearby properties or principal buildings located thereon; (b) access to sunlight of adjoining and/or nearby properties; (c) adequate on-site parking; and (d) safety of adjoining and/or nearby property. Page 64 ARTICLE 3 GENERAL PROVISIONS 3-12 South Burlington Land Development Regulations (4) Processing of a Request. Any request under subsections (1) - (3) above to expand an existing structure, or place a new structure, to within less than ten (10) feet of any property line shall include the submission of survey data prepared by a licensed surveyor showing the location of affected property lines, existing and/or proposed structures, and any other information deemed necessary by the Administrative Officer. (5) Lot Coverage. For lots that are five thousand (5,000) square feet or greater in size, but less than seven thousand five hundred (7,500) square feet, lot coverage may exceed the maximum allowed for the district up to a maximum of thirty percent (30%) for buildings and fifty percent (50%) for total lot coverage. For lots that are less than five thousand (5,000) square feet in size, lot coverage may exceed the maximum allowed for the district up to a maximum of forty percent (40%) for buildings and sixty percent (60%) for total lot coverage. K. Front Setback for Front Decks and Porches in the R4 District In the R4 District, an open porch or deck that shall not exceed the width of the building face to which the porch or deck is attached and that shall not have a depth greater than 12 feet as measured from the building face, shall have a minimum front setback of 10 feet. Access steps not greater than 5 feet in width may project no more than 5 feet in front of the porch or deck, but in no case shall be located closer than 5 feet from the front property line. An enclosed porch, or an open porch or deck exceeding 12 feet in depth, shall be considered part of the principal building and subject to standard front setbacks. 3.07 Height of Structures A. General Provisions. Structures in all districts shall comply with the height standards presented below in this section. The requirements of Table C-2, Dimensional Standards, and of Building Envelope Standards in Article 8, City Center Form Based Code, shall apply. Maximum allowable building heights are illustrated in Figure 3-1, Height of Structures. B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a roofline story is placed on a building that contains or is planned to contain the maximum permitted number of stories below the roofline, the following conditions shall apply: (a) dormers on such story shall not exceed the height of the roof peak, and (b) the total width of the dormers on any single side does not exceed thirty-three percent (33%) of the horizontal distance of the roof line along that side. Vertical extensions that exceed thirty-three percent (33%) of the horizontal width (i.e., step shed dormers) are permitted, but are limited to a maximum height of five (5) feet above the average height of the principal roof structure and shall not exceed fifty percent (50%) of the horizontal width of any side. (2) In the R1, R1-Lakeview, R1-PRD, R1-Lakeview, R2, R4, R7, Lakeshore Neighborhood, and Queen City Park districts, the total number of stories for any given structure shall not be more than one (1) greater than that of any principal structure on an abutting lot within the same zoning district, without Page 65 ARTICLE 3 GENERAL PROVISIONS 3-13 South Burlington Land Development Regulations regard to public rights-of-way. A principal structure on an abutting lot that is more than 150 feet from the subject structure shall be excluded from calculation. (3) In the C1-R12, C1-R15, and C1-Auto districts: (a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in the R4 District. However, for each 75’ of separation from said building in the R4, the proposal building may increase in height by 1 story, up to the allowable maximum height. (b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet in floor-to-floor height. C. Maximum Height. Except as allowed below in this Section 3.07, the requirements of Table C-2, Dimensional Standards, and Article 8, Form Base Code Standards, shall apply. (1) Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a height greater than that permitted in these Regulations, such approved maximum height shall remain in effect. D. Waiver of Maximum Height Requirements (1) Larger Rooftop Apparatus. Larger Rooftop apparatus, as defined under Heights in these Regulations, and steeples for places of worship that are taller than normal height limitations established in Table C-2 above may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. (2) R12, IA, PR, MU, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, 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-2Except within a Planned Unit Development, an applicant may seek approval from the Development Review Board for the height of one or more structures to exceed the limitation set forth in Table C-2 for structures within these zoning districts. Within a Planned Unit Development, heights are established by PUD type. (b) Submittal requirements. Any request for additional height shall be made in writing at the time of application for a Site Plan. The request must include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post-construction grade, and height of the structure, and any supplemental information the Development Review Board deems necessary in order to render a decision. (c) Standards of Review. (i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and, (ii) Demonstration that the proposed structure will not have an undue adverse effect on scenic views from adjacent public roadways and other public rights-of-way. . For each foot of additional height, all front and rear setbacks shall be increased by one (1) foot and all side setbacks shall be increased by one half (1/2) foot. (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may Page 66 ARTICLE 3 GENERAL PROVISIONS 3-14 South Burlington Land Development Regulations waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post- construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from scenic views from adjacent public roadways and other public rights-of-way. (c) Rooftop Apparatus. Rooftop apparatus, as defined under Heights in these Regulations, that are taller than normal height limitations established in Table C-2 may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. Such structures do not need to comply with the provisions of subsections (a) and (b) above. E. Accessory Structures in All Districts: (1) Accessory structures shall not exceed fifteen (15) feet in height, except that: (a) For industrial uses in non-residential districts, height standards for principal structures shall apply for accessory structures; and, (b) For residential uses, accessory structures up to twenty-five (25) feet in height shall be permitted where the structure is located at least thirty (30) feet from all property lines, the structure has a pitched roof, and the lot on which the structure is proposed is at least one (1) acre in size; and, (c) (2) Accessory structures exceeding the maximum height in subsection (1) above of the principal structure on the property shall require approval by the Development Review Board as a conditional use, pursuant to Article 14, Conditional Use Review. The applicant shall demonstrate to the Board that the accessory structure will be clearly secondary to the principal structure in function and in appearance from the public right-of-way and adjacent properties. F. Additional Height requirements. In addition to the requirements of this Section, the following provisions shall govern the heights of structures: • 3.12 Alteration of Grade • of Sections 4.08 (G) [Non-complying structures in the QCP District]; • Article 8, City Center Form Based Code • 10.023 [Scenic View Protection Overlay]; • 10.056 Urban Design Overlay District • Article 11C: Building Types • 13.03 Airport Approach Cones • 13.10 [Solar Radiation]; and • 13.07 Light Poles • 13.08 Flag Poles • 13.17 Fences • Article 15C: Planned Unit Developments G. Airport Approach Cones. All height provisions are subject to the limitations of Article 13, Section 13.03, Airport Approach Cones. Page 67 ARTICLE 3 GENERAL PROVISIONS 3-15 South Burlington Land Development Regulations Figure 3-1a Height of Structures Figure 3-1b Height of Structures Illustrations by Adam Davis, architect Page 68 ARTICLE 3 GENERAL PROVISIONS 3-16 South Burlington Land Development Regulations Figure 3-1c Height of Structures Illustrations by Adam Davis, architect Page 69 ARTICLE 3 GENERAL PROVISIONS 3-17 South Burlington Land Development Regulations 3.08 Temporary Structures and Uses A. General Provisions. Any temporary use of a lot, not approved in connection with the primary use of that property, shall be restricted according to the provisions of this section. This section shall not apply to peddling activities that are regulated through the Ordinance to Regulate Peddling. B. Location of Temporary Uses and Structures. Temporary uses or structures on a lot shall not be placed or conducted in such manner as to obstruct or interfere with vehicle circulation and parking, pedestrian movement, block sidewalks, obstruct crosswalks or damage landscaped areas. C. Temporary Construction Structures. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction is in progress. D. Temporary Outdoor Storage. Temporary outdoor storage used in conjunction with the principal use or uses on that property shall be permitted for a period up to one month during a calendar year. Permits for temporary outdoor storage shall be issued by the Administrative Officer in accordance with the provisions of this section. E. Temporary Uses Exempt from Review. The following uses are permitted without requiring review under this section provided such uses do not exceed the stated limits of this subsection. Uses which exceed the stated limits shall be considered to be permanent uses and, as such, are restricted by other portions of these regulations. (1) The outdoor storage or parking of one (1) registered recreational vehicle per residential lot by the owner, if not used for residential purposes. In residential districts, from November 1st through April 30th, outdoor storage or parking of recreational vehicles shall only be where an accessory structure on the same lot is permittedshall be either in the side yard or rear yard from November 1st through April 30th. One (1) recreational vehicle may be parked in a residential driveway from May 1st through October 31st. (2) Auctions lasting no longer than two (2) days per calendar year. (3) Garage sales totaling no more than 8 (eight) days per calendar year. (4) Outdoor events held by a business, organization, or resident on the same lot for no more than four (4) consecutive days, two (2) times per calendar year. F. Use of Recreational Vehicle as a Temporary Residence. The Development Review Board may authorize the use of a recreational vehicle as a temporary residence for the owner or resident of the principal building on the property as a conditional use. In granting such a use, the Development Review Board shall specify time limits for occupancy. 3.09 Multiple Structures and Uses A. General Provisions. There shall be only one principal building or structure on a lot and only one use per lot, except as otherwise provided in this Section 3.09. B. Multiple Uses in a Structure and Umbrella Approval for Multiple Uses. Page 70 ARTICLE 3 GENERAL PROVISIONS 3-18 South Burlington Land Development Regulations (1) The Development Review Board may approve two or more separate uses, one or more of which is a conditional use in the underlying zoning district, in a principal building or structure as a conditional use if it determines that: (a) Such uses are compatible in normal manner of operation including types of traffic generated; hours of use; lack of excessive noise, dust, odor or other objectionable element; and any other relevant aspect of operation. (b) Such uses can suitably share common facilities, such as parking and outdoor storage areas, within the requirements of these regulations for any lot. (2) Umbrella Approval (1a) The Administrative Officer or Development Review Board may approve two (2) or more separate uses in a single principal building or structure in conjunction with site plan, PUD or conditional use approval, provided all of the proposed uses are permitted or duly approved conditional uses in the underlying zoning district and all other applicable standards are met. Such standards may concern trip ends, gross floor area dedicated to uses where applicable, number of restaurant or retail food establishment seats, and other numerical standards related to the provisions of these regulations. This shall be known as an umbrella approval. (2b) Where an applicant with umbrella approval proposes a minor change in use, the Administrative Officer may approve the change as an administrative action and grant a zoning permit. The criteria for determining if the change is minor shall include an assessment of projected p.m. peak hour trip ends, and other numerical criteria specified in the umbrella approval. If the applicable numerical criteria are the same or fewer than those specified in the umbrella approval, the change may be deemed minor. A change in use deemed not to be minor shall require site plan review. C. Multiple Uses and Multiple Principal Structures on a lot. (1) Outside of the City Center Form Based Codes District, lots shall be limited to a single principal building except as provided for in Section 3.09(D). the Development Review Board may approve multiple principal structures on a single lot as part of a Planned Unit Development pursuant to the standards contained within these Regulations. (2) Within the City Center Form Based Codes District, multiple principal structures on a single lot shall be permitted in accordance with the standards contained within these Regulations. (3) The Development Review Board may approve multiple uses in multiple buildings and structures as part of site plan approval, using an umbrella approval. In granting site plan approval, the layout of all buildings, driveways, and parking areas shall be specified as well as a list of potential types of uses. All general and specific site plan review criteria shall apply. D. Multiple Structures on a Single-User Lot or Complex. The Development Review Board may approve two (2) or more buildings or structures which would otherwise be considered principal buildings on a non- residentially-zoned lot or in a commercial, educational, municipal, or airport or industrial complex for one a single integrated user without requirement to meet the requirements of subsection C above. Relevant criteria from site plan, PUD or subdivision reviews shall apply. Page 71 ARTICLE 3 GENERAL PROVISIONS 3-19 South Burlington Land Development Regulations E. Occupancy of Principal Building During Construction of Another Principal Building. In cases where an applicant proposes to construct a new principal building on a lot that already has a principal building and then to remove or demolish the existing building, the applicant may use or occupy the existing building during construction of the new 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 building within one (1) year of issuance of the zoning permit (3) the existing building shall be demolished and removed within one (1) year of the construction and occupancy of the new principal building. (4) the applicant shall provide a suitable bond or other security in accordance with Section 15.15 of these Regulations for the cost of demolishing or removing the existing building. F. Separate Lots Otherwise Required. All combinations of buildings, structures, and uses that do not meet the above conditions shall require separate lots. G. Attached Dwelling Units. Side setbacks do not apply to shared /party walls between attached dwelling units. 3.10 Accessory Structures and Uses A. General Requirements. Customary accessory structures and uses are allowed in all districts, as specifically regulated in that district, under the provisions that follow below. (1) On lots of less than one (1) acre in size, no more than two (2) accessory structures, including a detached private garage, shall be permitted per principal structure. On lots used primarily for agricultural uses and lots that are one (1) acre or greater in size, more than two (2) accessory structures shall be permitted provided all applicable limitations on coverage and setbacks in these Regulations are met. (a) A detached accessory dwelling unit meeting all of the criteria of Section 3.11(A) shall not be included in the calculation of the number of accessory structures on a lot. (2) Accessory structures, if detached from a principal structure, shall not be placed in the front yard, and they shall not, if placed in a side yard, be located closer to the street than the required front setback of the principal structure. (3) Accessory structures shall be located a minimum of five (5) feet from all side and rear lot lines. (4) On corner lots, accessory structures shall not be located on the side street side between the side street and the required front setback of structures fronting on the side street. (5) On through-lots, accessory structures shall not be located on the front yard facing the street that the majority of principal buildings on the street face, and shall not be located on any other front yard between the street and the required front setback of structures fronting on that street. (6) When an accessory structure is attached to a principal structure, it shall comply in all respects with the requirements of these regulations applicable to the principal structure(s). (7) Accessory structures shall comply with front setback requirements for the principal structure to which they are accessory. Page 72 ARTICLE 3 GENERAL PROVISIONS 3-20 South Burlington Land Development Regulations (8) Any structure connected to another structure by an open breezeway shall be deemed to be a separate structure. (9) On lots of less than one (1) acre in size, Tthe total square footage of all accessory structures shall not exceed two-hundred fifty percent (5200%) of the first or ground floor of the principal structures. On lots that are one (1) acre or greater in size, the total square footage of all accessory structures shall not exceed ten (10) percent of the total parcel, or the maximum building coverage for the district, whichever is lesser. , with the exception of iIn-ground pools, tennis courts, and other similar structures at grade level, and accessory dwelling units, which shall not be counted towards the maximum square footage of accessory structures. (10) The footprint of the accessory structure(s) shall be included in the computation of lot coverage, except for ramps and other structures for use by the disabled, which in the sole discretion of the Administrative Officer are consistent with the purpose of providing such access and do not constitute a de facto expansion of decks, porches, etc. (11) No accessory structure shall be constructed with a cellar or below-grade story. (12) No part of any such accessory structure shall be designed or used for sleeping purposes, and no cooking facilities shall be placed or permitted in any part of such accessory structure unless such structure is a duly approved location as of an accessory dwelling residential unit. B. Swimming Pools. Swimming pools may be allowed, subject to the following provisions: (1) No pool shall be constructed in a required front yard. (2) No pool shall be closer than ten feet as measured from water's edge to any side or rear yard lot lines (3) Any lighting in conjunction with the pool shall be so situated that there is no direct glare beyond lot line. (4) Every in-ground swimming pool shall be completely enclosed by a wall, fence, or other substantial structure not less than four (4) feet in height measured on the outside of the enclosure. No openings other than doors and gates with any dimensions greater than four inches shall be permitted therein except that picket fences may be erected or maintained having horizontal spacing between pickets not more than four (4) inches. All gates or door opening through such enclosures shall be equipped with self-closing and self-latching devices capable of remaining securely closed at all times when not in actual use; provided however, that the door of any residence forming any part of the enclosure need not be so equipped. Any self-latching device accessible from the outside of the pool enclosure shall be located at least four (4) feet above the ground or otherwise equally inaccessible to small children. (5) A natural barrier, hedge, or other protective device approved by the Administrative Officer may be used in place of the above as long as the degree of protection afforded by the substituted devices or structures is not less than the aforementioned protection by the enclosure, gate and latch. All above- ground pools shall bar step access when not in use. (6) No poolhouse or structure accessory to the pool shall be used for habitation or for home occupation. (7)B. Poolhouse. Any accessory structure designed as a poolhouse shall be located no farther than fifteen (15) feet from the swimming pool to which it shall be accessory. Page 73 ARTICLE 3 GENERAL PROVISIONS 3-21 South Burlington Land Development Regulations C. Attached Garage. A private garage may be constructed as part of a main structure, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the applicable front, side, and rear setback requirements of this chapterArticle. D. Accessory Retail Uses. Where non-residential uses are permitted in a residential district, uses such as hospitals, clubs, and multi-family buildings over fifty (50) dwelling units, such uses may conduct customary and appropriate retail activities such as gift shops, cafeterias, fitness rooms, and snack shops. Such uses shall be conducted within the principal structure. There shall be no external evidence of retail activity discernible from the outside of the structure. Access to the retail activity shall only be from within the principal structure. D. Accessory Residential Units. ED. Accessory Uses in the IC and IO districts. In the IC-Mixed Industrial Commercial and IO-Industrial Open Space districts, those uses designated ‘P-ACC’ in Table C-2, Table of Uses shall be subject to the following standards and limitations: (1) Such accessory uses shall be located wholly within a permitted principal structure. (2) Access to the accessory use shall only be from within the principal structure. (3) Such uses shall be included in the calculations of required parking, vehicle trip ends, and wastewater allocations through an umbrella permit approval or other DRB approval. (4) The total gross floor area of all such accessory uses shall be limited to ten percent (10%) of the gross floor area of the principal structure. The owner of the building or responsible condominium association shall be responsible for allocation of any such floor area among accessory and principal uses. (5) No individual accessory use may exceed 3,000 SF in gross floor area except for retail food sales, which shall not exceed 5,000 SF GFA. (6) Other accessory uses that are wholly internal to a principal permitted use (e.g. employee cafeterias, employee fitness rooms, hospital pharmacies) pursuant to this Section shall not require specific approval and shall not be counted towards the ten percent square footage limitation. 3.11 Accessory Residential Dwelling Units A. Permitted Use. One (1) accessory residential dwelling unit that is clearly subordinate to a single-family dwelling constructed within shall be permitted within or appurtenant to a single family dwelling on the same lot or attached to a primary single-family dwelling or within an existing, permitted accessory structure shall be a permitted single family use, provided there is compliance with all the followingin accordance with the following criteria: (1) The lot is owner-occupied. (2) The accessory unit does Floor space of the accessory residential unit shall not exceed thirty percent (30%) of the total habitable area of the single-family dwelling unit or 900 square feet, whichever is greater. (3) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by issuance of a Wastewater Allocation or on-site wastewater permit pursuant to the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. Page 74 ARTICLE 3 GENERAL PROVISIONS 3-22 South Burlington Land Development Regulations (4) The accessory unit meets all dimensional requirements applicable to a single family home on that same parcel. (5) The Accessory Dwelling Unit and associated coverage shall be included in the computation of building and lot coverage. (2) The principal dwelling shall be owner-occupied. (3) The accessory dwelling unit shall be an efficiency or one-bedroom unit. (43) Adequate wastewater capacity is available to service the accessory unit, as demonstrated by issuance of a Wastewater Allocation or on-site wastewater permit pursuant to the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. (5) Two (2) additional off-street parking spaces shall be provided on the same lot, either in a garage or in a driveway, and not in any areas required to meet coverage limitations, or any front yard area other than a driveway, required by these Regulations. (6) If occupancy of the unit is to be restricted in the deed of the single-family home to a disabled person, no additional off-street parking is required. (7) A zoning permit shall be required for the establishment of each a accessory residential dwelling unit. B. Supplemental allowance as a Conditional Use. An Accessory Dwelling Unit (ADU), or portion thereof that is proposed to be within the required setback applicable to a single family home may be approved as a Conditional Use, in accordance with Section 14.11. Conditional Use Review by the Development Review Board pursuant to Article 14, Section 14.10 shall be required if the establishment of the accessory residential unit involves the construction of a new accessory structure, an increase in the height or floor area of the existing single-family dwelling or existing accessory structure, or an increase in the dimensions of the off-street parking areas (i.e. garages and driveway areas) presently existing on the site. 13.02 3.12 Home Occupations A. General Restrictions. Customary home occupations are permitted as accessory uses in all districts provided that: (1) The use is conducted solely and entirely within the primary dwelling or in an accessory building, and the use is clearly incidental and secondary to the use of the dwelling unit from living purposes. (2) The home occupation shall be owned by the principal occupant of the dwelling in which it is located. In no case may the homeowner or principal occupant rent out the business area of the dwelling. (3) The total space devoted to the home occupation must be located either in the dwelling or an accessory structure. In either case, the total space devoted to the home occupation shall not exceed twenty-five percent (25%) of the ground floor area of the dwelling. (4) There shall be no external display or advertising of goods or services or other external evidence of such use, except for a sign. Such sign shall conform to the City Sign Ordinance. The content of the sign shall be the name and/or address of the home occupation and/or owner of the business. Page 75 ARTICLE 3 GENERAL PROVISIONS 3-23 South Burlington Land Development Regulations (5) The establishment of such occupation shall not require internal or external alterations or involve construction features not customarily found in dwelling units. (6) The appliances and equipment shall be operated in such a manner that they do not produce and emit beyond the boundaries of the premises on which the use is located, dust, glare, hazard, heat, light, noise, nuisance, odor, radiation, radio or television interference, smoke, or vibration and are in no other manner obnoxious or detrimental to the immediate neighborhood. (7) The use itself is conducted in such a manner and during such hours that it is in no way obnoxious, offensive, or detrimental to the immediate neighborhood. (8) In the case of a music or voice instructor, the office or studio shall be so equipped and used that the sounds therefrom shall not be heard beyond the boundaries of the premises on which the use is located. (9) There are not more than two (2) employees or helpers other than members of the household. (10) Prior to establishing a home occupation, a certificate of occupancy/compliance permit shall be obtained from the Administrative Officer. The Administrative Officer shall issue such permit only if the request is in conformance with the above requirements. (11) In the event that there is more than one home occupation on the premises, all provisions above shall apply as if there were only one home occupation. For example, no more than twenty-five percent (25%) of the ground floor area of the dwelling shall be used, whether by one home occupation or more than one. 13.12 3.13 Group Homes and Residential Care Homes A residential care home or group home to be operated under State licensing or registration, serving not more than eight persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall be considered by right to constitute a permitted single-family residential use of property, except that no such home shall be so considered if it is located within 1,000 feet of another existing or permitted such home. 13.13 3.14 Registered and Licensed Family Child Care Homes or Facility (Day Care Facility) A. A registered family child care home serving six or fewer children shall be considered to constitute a permitted single-family residential use of property and shall be subject to the applicable requirements for such uses in each district. B. A registered family child care home serving no more than six full-time children and four part-time children, as defined in subdivision 33 V.S.A. §4902(3)(A) and these regulations, shall be considered to constitute a permitted use of property in all districts provided that: (1) Prior to establishing the registered child care home, approvals are received from the State of Vermont; (2) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic or of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from the Director of Public Works where safety is in question. Page 76 ARTICLE 3 GENERAL PROVISIONS 3-24 South Burlington Land Development Regulations C. A licensed family child care home shall be considered to constitute a permitted use of property in all districts provided that: (1) Prior to establishing the licensed child care home, approvals are received from the State of Vermont; (2) There is sufficient space for the drop-off and pick-up of children on or in front of the property; (3) The location of the drop-off and pick-up area does not pose an undue risk to the safety of traffic or of the drop-off or pick-up operations. The Administrative Officer may seek a recommendation from the Director of Public Works where safety is in question. 3.151 Nonconformities A. General Provisions. These provisions shall apply to all nonconforming uses, structures, lots, and parcels, except within the City Center Form Based Code District. See Article 8 for nonconformities applicable in that District. 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 3.115 are met. (2) A 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. (3) A nonconforming structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, with the provision that the degree of nonconformance shall not be increased. (4) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe condition as required by the Administrative Officer. (5) A nonconforming structure shall not have its degree of nonconformance increased. (6) A nonconforming use shall not be extended or enlarged, nor shall it be extended to displace a conforming use, nor shall it be changed to another nonconforming use, nor shall it, if changed to a conforming use, thereafter be changed back to a nonconforming use. (7) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. C. Alterations to Conforming Structures with Nonconforming Use. A conforming structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding one hundred percent (100%) of the gross floor area of such structure unless the use of such structure is changed to a conforming use. D. Alterations to Nonconforming Structures. Page 77 ARTICLE 3 GENERAL PROVISIONS 3-25 South Burlington Land Development Regulations (1) Except as otherwise provided in sub-sections (2) and (3) below, and in Article 4, Section 4.08, Queen City Park District, and in Article 12, Section 12.01(D), any nonconforming structure may be altered, including additions to the structure, provided such alteration does not exceed in aggregate cost thirty-five percent (35%) for residential properties and twenty-five percent (25%) for industrial and commercial property of the current assessed value as determined by the City Assessor and in compliance with Section 3.11(B) above. (2) In the event an addition or an expansion to a nonconforming structure is proposed, the addition or expansion itself must conform with the provisions of these regulations (e.g., dimensional requirements such as setbacks, coverage, etc.). (3) The thirty-five percent (35%) limitation for residential properties described above shall not apply to structures on lots that were in existence prior to February 28, 1974. E. Alterations to Facades and Exterior Finishes on Nonconforming Structures. Alterations to facades and exterior finishes shall not be subject to the twenty-five percent (25%) or thirty-five percent (35%) limitations described above. F. Damage Nonconforming Structures. (1) Any nonconforming structure damaged by any means to an extent greater than fifty percent (50%) of its current assessed value shall be permitted to be reconstructed only if the future use of the structure and the land on which it is located is in conformity with these regulations. (2) Any nonconforming damaged by any means to an extent less than fifty percent (50%) of its current assessed value, may be rebuilt provided that: (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. (3) Where such reconstruction or structural alteration can reasonably be accomplished so as to result in greater conformance with these regulations, then the reconstruction or structural alteration shall be so done. (4) No later than six (6) months after a permanent or temporary structure has been damaged, made uninhabitable, or has been abandoned, all scrap, debris, damaged or unsafe materials shall be removed from the site and any remaining excavation, foundation or cellar hole shall be covered over or filled to the existing grade by the property owner. Upon application by the property owner, the Development Review Board may extend the time to undertake such remedial work as a conditional use. G. Abandonment of Nonconforming Use. (1) No nonconforming use may be resumed if such use has been abandoned for a period of six (6) months or more. (2) A nonconforming use shall be considered abandoned when any of the following conditions exist: Page 78 ARTICLE 3 GENERAL PROVISIONS 3-26 South Burlington Land Development Regulations (a) When it is replaced by any other use, whether conforming or nonconforming. (b) When the intent of the owner to discontinue the use is apparent. Any one of the following may constitute prima facie evidence of a property owner's intent to abandon a use voluntarily: (i) failure to take necessary steps within six (6) months to resume the nonconforming use with reasonable dispatch in any circumstances, including without limitation failing to advertise the property for sale, rent, lease, or use, (ii) discontinuance of the use for six (6) months, or for a total of eighteen months during any three-year period, or (iii) in the case where the nonconforming use is of land only, discontinuance of the use for one hundred twenty (120) consecutive days or for a total of six (6) months during a one (1) year period. (c) When the characteristic equipment and furnishings have been removed from the premises and have not been replaced by similar equipment and furnishings within six (6) months, except in the event that the structure is damaged. In that case, Section 3.114(F) above shall apply. H. Construction Approved Prior to Regulations. Nothing contained in these regulations shall require any change in plans, construction or designated use of a structure for which a zoning permit has been issued where the construction of such structure shall have been diligently pursued within thirty (30) days of the date of such permit and where such structure shall be completed according to such plans and permit within six (6) months from the effective date of these regulations. 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. (1) See Section 3.05 for pre-existing small lots. (2) The boundaries of a lot or parcel that is nonconforming for any reason other than for being a pre- existing small lot may be altered only in a manner that decreases its degree of nonconformity. L. Nonconforming Use of Land with No Structure. Where no structure is involved, the non-conforming use of land may be continued, provided that: (1) Such nonconforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than occupied by such use at the time of enactment of these Regulations. (2) The lot on which such nonconforming use is located shall not be reduced in size. (3) Such nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such use at the time of enactment of these Regulations. Page 79 ARTICLE 3 GENERAL PROVISIONS 3-27 South Burlington Land Development Regulations (4) If such non-conforming use of land or any portion thereof ceases for any reason whatsoever for one hundred twenty (120) consecutive days or for a total of six (6) months in a one year period, any future use of such land shall be in compliance with all provisions of these Regulations. 3.12 Alteration of Existing Grade 3.136 General Performance and Maintenance Standards A. Purpose of Performance Standards. Consistent with the general purposes of these regulations, performance standards (see Appendix A) shall set specific controls on potentially objectionable external aspects of such non-residential uses so as to: (1) Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor, or other atmospheric pollutant outside the structure or beyond the property boundaries in which the use is conducted. (2) Control noise and light trespass beyond the boundaries of the site of the use. (3) Prevent the discharge of untreated wastes into any watercourse or waterbody. (4) Prevent the dissemination of vibration, heat, or electromagnetic interference beyond the immediate site on which the site is located. (5) Prevent physical hazard by reason of biohazard, fire, explosion, radiation, or any similar cause. (6) Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion, and excessive noise in the streets. B. Hazardous Conditions Prohibited. No land or structure in any district shall be used or occupied in any manner so as to cause hazardous or objectionable conditions to exist or to in any way endanger users of the site or the surrounding area. Such hazardous or objectionable conditions include but are not limited to dangerous, injurious, noxious or otherwise objectionable biohazard, fire, explosive, or other hazard; or to create any noise, vibration, smoke, dust, odor, air pollution, heat, cold, dampness, electromagnetic or radioactive radiation, glare, toxicity or other hazardous or objectionable condition on the site or in the surrounding area. C. Performance Standards. The use of any substance or process so as to create any hazardous or objectionable condition on the site or in the surrounding area shall be prohibited except at levels in conformance with the requirements of this section and the performance standards listed in Appendix A, Performance Standards. D. Review of Performance Standards. (1) The Administrative Officer shall withhold a zoning permit or certificate of occupancy until satisfied that the proposed construction or use will comply with the performance standards in Appendix A, Performance Standards. (2) Continued performance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. Page 80 ARTICLE 3 GENERAL PROVISIONS 3-28 South Burlington Land Development Regulations (3) Furthermore, the Administrative Officer, upon determination at any time that a use is exceeding or may exceed performance standards or will in any way create potentially hazardous conditions shall require an application for conditional use review under the requirements of Article 14, Conditional Use Review and this section. E. Required Information. Evidence of application for state and/or federal permits for the handling of potentially hazardous conditions, and/or the following information, at minimum, may be required for determination of compliance with performance standards or for conditional use review of potentially hazardous conditions: (1) Description of proposed machinery, operations, and products. (2) Amount and nature of materials to be used. (3) Mechanisms and techniques to be used in restricting the emission of any hazardous and objectionable elements, as well as projected or actual emission levels. (4) Method of delivery and disposal or recycling of any hazardous elements. (5) Other information as may be necessary. F. Conditions of Approval. The Development Review Board, in granting conditional use approval, may condition an approval to require evidence of the issuance of applicable state and/or federal permits for the handling of hazardous conditions prior to the issuance of a zoning permit, and may also impose conditions on the following: (1) Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operation. (2) Warning systems, fire controls and other safeguards. (3) Provision for continuous monitoring and reporting. (4) Other restrictions as may be necessary to protect public health and safety. 3.147 Reasonable Accommodation to Ensure Reasonable Access to Housing A. Policy. It is the policy of the City of South Burlington, pursuant to the federal Fair Housing Amendments Act of 1988 and the Vermont Fair Housing and Public Accommodations Act, to provide individuals with disabilities reasonable accommodation to ensure equal access to housing. This section establishes the procedure for making requests for reasonable accommodation under these Land Development Regulations. As used herein, “disability” shall have the same meaning as ascribed to the term disability under 9 V.S.A §4501(2) and the term handicap under 42 U.S.C. §3602(h). B. Request for Reasonable Accommodation. Any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities may make a request for reasonable accommodation. A request for reasonable accommodation shall be in writing and provide the following information: (1) Name and address of the individual(s) requesting reasonable accommodation; Page 81 ARTICLE 3 GENERAL PROVISIONS 3-29 South Burlington Land Development Regulations (2) Name and address of the property owner(s); (3) Address of the property for which accommodation is requested; (4) Description of the requested accommodation and the section of the regulation for which accommodation is sought; and (5) Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling. While a request for reasonable accommodation is pending, all regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. A reasonable accommodation shall not affect an applicant’s obligations to comply with other applicable provisions of these regulations not at issue in the requested accommodation. C. Review. A request for reasonable accommodation shall be reviewed by the Administrative Officer or Development Review Board, as set forth in these Regulations by type of review. The decision to grant, grant with conditions, or deny disapprove a request for reasonable accommodation shall be based on the following factors: (1) Whether the housing which is the subject of the request for reasonable accommodation will be used by an individual with a disability; (2) Whether the requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy housing of his or her choice; (3) Whether the requested accommodation would require a fundamental alteration in the nature of these Land Development Regulations, and; (4) Whether the requested accommodation would impose an undue financial or administrative burden on the City. The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the Administrative Officer or Board’s findings on these criteria. All written decisions shall give notice of an interested person’s right to appeal the Administrative Officer’s decision to the Development Review Board under section 17.13, or the Development Review Board’s decision to the Environmental Court under 24 V.S.A. 4471. 3.158 Residential and Commercial Building Energy Standards A. Applicability. This section shall apply to the receipt of a zoning permit for the construction and subsequent alteration of all new principal buildings beginning December 1, 2015, or the date that this Section 3.157 becomes effective, whichever is later. B. Residential Building Energy Standards (RBES). Residential buildings, as defined by 30 V.S.A. section 51(a)(2), that are principal building, shall comply with the Stretch Code, as defined by 30 V.S.A. section 53)a). Such buildings for which the RBES Certificate certifying compliance with the Stretch Code is not recorded in the South Burlington Land Records shall be deemed land development without a zoning permit in violation of these Regulations. Page 82 ARTICLE 3 GENERAL PROVISIONS 3-30 South Burlington Land Development Regulations C. Commercial Building Energy Standards (CBES). Commercial buildings, as defined by 30 V.S.A. section 53(a), that are principal buildings, shall comply with the Commercial Building Energy Standards Stretch Code Guideline, as prepared and revised by the Vermont Public Service Department. If no such Guideline exists, it shall not be applied. Such buildings for which the CBES Certificate certifying compliance with the CBES and Guideline is not recorded in the South Burlington Local Records shall be deemed land development without a zoning permit in violation of these Regulations. (1) New commercial buildings subject to this Section for which a complete application is submitted following the date these Regulations become effective, shall be required to meet the standards of Appendix CA: – Solar-Ready Zone of the Commercial Building Energy Standards as prepared and revised by the Vermont Public Service Department. Page 83 4-1 South Burlington Land Development Regulations 4 RESIDENTIAL DISTRICTS 4.01 Residential 1 District 4.02 Residential 2 District 4.03 Residential 4 District 4.04 Residential 7 District 4.05 Residential 12 District 4.06 Residential 7 with Neighborhood Commercial District 4.07 Lakeshore Neighborhood District 4.08 Queen City Park District 4.01 Residential 1 District - R1 A. Purpose. A Residential 1 District is hereby formed in order to encourage low-density, primarily single- family residential uses. This district is located in areas where low densities are necessary to protect scenic views and cultural resources, and to provide compatibility with adjacent natural areas. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. Those uses indicated as permitted and conditional uses in Table C- 1, Table of Uses, and accessory uses to those uses, except as provided for via applicable PUD type under Article 15.C. Any use not expressly allowed as a permitted or conditional use is prohibited. D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant to Article 14, and accessory uses to those uses. CE. Area, Density, and Dimensional Requirements. In the Residential 1 District, all requirements of this Section 4.01 and Table C-2, Dimensional Standards shall apply, except as provided for via applicable PUD type under Article 15.C., as specified by sub-district (R1-PRD, R1-Lakeshore, R1-Lakeview). F. Planned Unit Development. For the purposes of assigning applicability of Planned Unit Development Types pursuant to Article 15.C, the Residential-1 Zoning District is further classified in the following sub-districts, as depicted on the Official Zoning Map: • Residential 1- Planned Residential Development • Residential 1- Lakeshore • Residential 1 - Lakeview (1) For lots within the Residential 1 District that are five (5) acres in size or more and designated “R1- PRD” on the Official Zoning Map, a Planned Unit Development may be permitted at a maximum of four (4) units per acre subject to all applicable provisions of this section and Article 15. Multi-family dwellings shall be limited to a maximum of four (4) dwelling units per structure. Page 84 4-2 South Burlington Land Development Regulations (2) For lots within the Residential 1 District that are five (5) acres in size or more and designated “R1- Lakeshore” on the Official Zoning Map, a Planned Unit Development may be permitted at a maximum of seven (7) units per acre subject to all applicable provisions of this section and Article 15. Multi-family dwellings shall be limited to a maximum of six (6) dwelling units per structure. (3) For lots of any size within the Residential 1 District that are designated “R1-Lakeview” on the Official Zoning Map, a Planned Unit Development may be permitted at a maximum of three (3) units per acre subject to all applicable provisions of this section and Article 15. Multi-family dwellings shall be limited to a maximum of three (3) dwelling units per structure. DG. Additional Standards. Except as specifically authorized by Planned Unit Development Type under Article 15.C, mMulti-fFamily dwelling units shall be subject to site plan review, as per Article 14, and, except as stated in subsection 4.01(F) of these Regulations, shall be limited to a maximum of four (4) dwelling units per structure. 4.02 Residential 2 District – R2 A. Purpose. A Residential 2 District is hereby formed in order to encourage moderate-density residential use district. This district is located primarily in transition areas between higher density residential districts and low-density districts. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses, except as provided for via applicable PUD type under Article 15.C. Any use not expressly allowed as a permitted or conditional use is prohibited. D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant to Article 14, and accessory uses to those uses. CE. Area, Density and Dimensional Requirements. In the Residential 2 District, all requirements of this Section 4.02 and Table C-2, Dimensional Standards shall apply, except as provided for via applicable PUD type under Article 15.C. F. Planned Unit Development. For lots within the Residential 2 District that are five (5) acres in size or more, a Planned Unit Development may be permitted at a maximum of four (4) units per 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 DG. Additional Standards. Except as specifically authorized by Planned Unit Development Type under Article 15.C, mMulti-fFamily 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. Page 85 4-3 South Burlington Land Development Regulations 4.03 Residential 4 District - R4 A. Purpose. A Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. CB. Permitted AND Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses, subject to the following standards specific to the R4 district: (1) Places of worship shall not be permitted on local streets within the R4 district. Any use not expressly allowed as a permitted or conditional use is prohibited. D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and approved pursuant to Article 14, and accessory uses to those uses, subject to the following standards specific to the R4 district: (1) Places of worship shall not be permitted on local streets within the R4 district. CE. Area, Density, and Dimensional Requirements. In the Residential 4 District all requirements of this Section 4.03 and Table C-2, Dimensional Standards, shall apply, except as provided for via applicable PUD type under Article 15.C. DF. Additional Standards. Except as specifically authorized by Planned Unit Development Type under Article 15.C, mMulti-family dwellings shall be subject to site plan review, as per Article 14, and shall be limited to a maximum of four (4) dwelling units per structure. 4.04 Residential 7 District - R7 A. Purpose. A Residential 7 District is hereby formed to encourage higher-density, principally residential uses. The district is located in areas that are near mixed useshopping areas, schools, and public transportation facilities and that are served by roads capable of carrying high traffic volumes. Offices and specified other commercial uses may be permitted within the district in locations that have direct access to arterial and collector streets and that will not adversely affect residential properties. Any use not expressly permitted is prohibited except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses, except as provided for via applicable PUD type under Article 15.C; and subject to the following standards specific to the R7 District: Page 86 4-4 South Burlington Land Development Regulations (1) Places of worship and affiliated educational facilities; such facilities shall not be permitted on local streets within the R7 district. Any use not expressly allowed as a permitted or conditional use is prohibited. D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article 14, and accessory uses to those uses, subject to the following standards specific to the R7 district: (1) Places of worship and affiliated educational facilities; such facilities shall not be permitted on local streets within the R7 district. CE. Area, Density, and Dimensional Requirements. In the Residential 7 District all requirements of this Section 4.04 and Table C-2, Dimensional Standards, shall apply, except as provided for via applicable PUD type under Article 15.C. DF. Additional Standards. Multi-family dwellings shall be subject to site plan review, as per Article 14. 4.05 Residential 12 - R12 A. Purpose. A Residential 12 District is hereby formed to encourage high-density residential use. The district is located in areas that are near shopping mixed use areas, schools, and public transportation facilities and that are served by roads capable of carrying high traffic volumes. Offices and specified other commercial uses may be permitted within the district in locations that have direct access to arterial and collector streets and that will not adversely affect residential properties. Any use not expressly permitted is prohibited except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Planned Unit Development. Planned Unit Developments shall be required in R12 districts. BD. Permitted and Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses, except as provided for via applicable PUD type under Article 15.C; and subject to the following standards specific to the R12 District: (1) Places of worship and affiliated educational facilities; such facilities shall not be permitted on local streets within the R12 district Any use not expressly allowed as a permitted or conditional use is prohibited. E. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article 14, and accessory uses to those uses, subject to the following standards specific to the R12 district: (1) Places of worship and affiliated educational facilities; such facilities shall not be permitted on local streets within the R12 district Page 87 4-5 South Burlington Land Development Regulations CF. Area, Density, and Dimensional Requirements. In the Residential 12 District all requirements of this Section 4.05 and Table C-2, Dimensional Standards, shall apply, except as provided for via applicable PUD type under Article 15.C. 4.06 Residential 7 With Neighborhood Commercial District - R7-NC A. Purpose. In certain Residential 7 Districts, there may be a community need for a neighborhood commercial area. These commercial areas are intended to serve the convenience shopping needs of local residents and employees. Their location and design are intended to make them accessible both by vehicle and by foot, thereby somewhat reducing traffic volume in the immediate vicinity. In these areas, businesses offering goods and services will be limited in allowed floor area and use as per the regulations set forth below; such regulations generally follow existing Commercial 1. District regulations. Such districts shall be considered non-residential districts for purposes of these Regulations. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses, except as provided for via applicable PUD type under Article 15.C.. CD. Lot, Area, and Dimensional Requirements. The lot, area, and dimensional requirements shall be those set forth in Table C-2, Dimensional Standards, for C1 Districts, except as provided for via applicable PUD type under Article 15.C. Provisions of Article 3 and Table C-2, Dimensional Standards, may be modified by the Development Review Board in accordance with the conditions and objectives of this Section 4.06. DE. Additional Standards. (1) Non-residential development and multi-family development shall be subject to site plan review, as set forth in Article 14. (2) Multiple structures and multiple uses within structures may be allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot size, and lot depth. Area and frontage requirements may be met by the consolidation of contiguous lots under separate ownership. Construction of a new public street may serve as the minimum frontage requirements. (3) Access, parking, and internal circulation: Where existing residential dwellings are converted to nonresidential use, the residential appearance of the structure shall be retained. (4) Commercial properties that abut residential districts shall provide a screen or buffer along the abutting line, as per Section 3.06(I) and Section 13.06 of these Regulations. 4.07 Lakeshore Neighborhood District LN A. Purpose. A Lakeshore Neighborhood District (LN) is hereby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the lake shore neighborhoods located in the vicinity of Bartlett Bay Road and Holmes Road. The district is designed to promote the area's historic development pattern of smaller lots and minimal setbacks. This district encourages the conversion of Page 88 4-6 South Burlington Land Development Regulations seasonal homes to year round residences. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. Where Planned Unit Developments are authorized, permitted and conditional uses and densities apply in accordance with the provisions of the specific PUD type. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. B C. Permitted and Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses , except as provided for via applicable PUD type under Article 15.C. Any use not expressly allowed as a permitted or conditional use is prohibited. D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article 14, and accessory uses to those uses. C E. Area, Density, and Dimensional Requirements. In the Lakeshore Neighborhood District all requirements of this Section 4.07 and Table C-2, Dimensional Standards, as well as Section 34.078(DF) (Height of Structures), shall apply, except as provided for via applicable PUD type under Article 15.C. 4.08 Queen City Park District QCP A. Purpose. A Queen City Park District (QCP) is hereby formed in order to encourage residential use at densities and setbacks that are compatible with the existing character of the Queen City Park neighborhood. It is designed to promote the area's historic development pattern of smaller lots and reduced setbacks. This district also encourages the conversion of seasonal homes to year round residences. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses. Any use not expressly allowed as a permitted or conditional use is prohibited. D. Conditional Uses. Those uses indicated in Table C-1, Table of Uses and approved pursuant to Article 14, and accessory uses to those uses. C E. Area, Density, and Dimensional Requirements. In the Queen City Park District all requirements of this Section 4.08 and Table C-2, Dimensional Standards shall apply. D F. Nonconforming Structures. Structures in the Queen City Park District shall be subject to the provisions of Article 3, Section 3.151, nonconformities, and to the following requirements and restrictions: (1) Any nonconforming 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 the fair market value as determined by the City Assessor or by a separate independent appraisal approved by the Administrative Officer; or Page 89 4-7 South Burlington Land Development Regulations (b) Involve an increase to the structure's height or footprint, or otherwise involve an increase to the square footage of the building or structure. (2) The Development Review Board may approve any alteration which exceeds the thirty-five and twenty-five percent rule described above or which involves an increase to the structure's height, footprint or square footage subject to the provisions of Article 14, Conditional Use Review. (3) The Development Review Board shall determine that the proposed alteration or expansion will not adversely affect: (a) Views of adjoining and/or nearby properties; (b) Access to sunlight of adjoining and/or nearby properties; and (c) Adequate on-site parking. E G. Additional Standards. (1) Development, construction, and alterations within the QCP District within one hundred (100) linear feet of the center line of Potash Brook shall be subject to the requirements of the Potash Brook Overlay District. (2) Multi-family dwellings shall be subject to site plan review, as per Article 14, and shall be limited to a maximum of four (4) dwelling units per structure. Page 90 5-1 South Burlington Land Development Regulations 5 COMMERCIAL DISTRICTS 5.01 Commercial 1 (C1) 5.02 Commercial 1 with Automobile Sales (C1-AUTO) 5.03 Commercial 1 with Airport-Related Uses (C1-AIR) 5.04 Commercial 1 with Limited Retail (C1-LR) 5.05 Commercial 2 (C2) 5.06 Swift Street District (SW) 5.07 Allen Road District (AR) 5.08 Supplemental Standards for Commercial Districts 5.01 Commercial 1 - C1 A. Purpose. A Commercial 1 District is hereby formed in order to encourage the location of higher- intensity residential, general retail, and office, and vertically mixed uses in a manner that serves as or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area, including clustered residential development and small industrial employers, may be permitted if they do not interfere with accessibility and continuity of the commercial district. Large-lot retail uses, wWarehouses, major industrial employers, and incompatible industrial uses shall not be permitted. Urban design supporting a transition for these areas from a suburban environment to compact centers is encouraged. Planned Unit Developments are encouraged in order to coordinate traffic movements, promote mixed-use developments, provide shared parking opportunities, and to provide a potential location for high - traffic generating commercial uses. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. B C. Permitted and Conditional Uses. Those uses indicated as permitted and conditional in Table C-1, Table of Uses, and accessory uses to those uses , except as provided for via applicable PUD type under Article 15.C. In the Commercial 1 District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, and accessory uses to those uses. CD. Area, Density, and Dimensional Requirements. In the Commercial 1 District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C. E. Residential Development Density. In the Commercial 1 District, those areas of the Commercial 1 district generally in the vicinity of the intersection of Dorset Street and Williston Road, and Williston Road and Interstate Highway 89, and which are designated as “C1-R12” on the South Burlington Zoning Map shall have a maximum allowable residential density of twelve (12) units per acre. Those areas of the Commercial 1 district generally in the vicinity of Shelburne Road and designated as “C1-R15” on the South Burlington Zoning Map shall have a maximum allowable residential density of fifteen (15) units per acre. Page 91 5-2 South Burlington Land Development Regulations DF. Additional Standards. (1) All applications within the Commercial 1 District shall be subject to the supplemental standards in Section 5.08. (2) Applications for a drive-through facility shall be subject to conditional use review and the following restrictions at minimum: (a) Compliance with Traffic Overlay District provisions, if applicable. (b) Compliance with an approved access management plan providing for curb cut consolidation and secondary access. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. (32) Educational facilities and educational support facilities in the Commercial 1 – Residential 15 district shall be subject to the dimensional standards and requirements of the Institutional-Agricultural North district. 5.02 Commercial 1 With Automobile Sales District (C1-AUTO) A. Purpose. The purpose of the C1-AUTO District is to implement the purposes of the Commercial 1 District while recognizinge the existence of several automobile sales and service facilities in this area of the City and allow for their continued operation and improvement in a consolidated location, while otherwise matching the purposes and functions of the not detracting from the overall purpose of the C1 District. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. [Reserved] B D. Permitted and Conditional Uses. In the Commercial 1-AUTO District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C. CE. Area, Density, and Dimensional Requirements. In the Commercial 1-AUTO District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15.C. The maximum residential density shall be fifteen (15) units per acre. F. Additional Standards. (1) All applications within the Commercial 1-AUTO District shall be subject to the supplemental standards in Section 5.08. (2) Applications for a drive-through facility shall be subject to conditional use review and the following restrictions at minimum: (a) Compliance with Traffic Overlay District provisions, if any. Page 92 5-3 South Burlington Land Development Regulations (b) Compliance with an approved access management plan, providing for curb cut consolidation and secondary access. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. 5.03 COMMERCIAL 1 DISTRICT WITH AIRPORT USES C1-AIR A. Purpose. The purpose of the Commercial 1 with Airport Uses District (C1-AIR) is to recognize the existence of airport-related support services and businesses and to encourage their location in close proximity to the Burlington International Airport. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. [Reserved] CD. Uses. In the Commercial 1-AIR District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C.. DE. Area, Density, and Dimensional Requirements. In the Commercial 1-AIR District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards., except as provided for via applicable PUD type under Article 15.C. The maximum residential density shall be twelve (12) units per acre F. Additional Standards. All applications within the Commercial 1-AIR District shall be subject to the supplemental standards in Section 5.08. 5.04 Commercial 1 with Limited Retail (C1-LR) A. Purpose. A Commercial 1 with Limited Retail C1-LR District is hereby formed in order to encourage the location of general retail at specific intersections in the city, to serve nearby residential areas. These commercial areas are intended to serve the convenience shopping needs of local residents and employees. Their location and design are intended to make them accessible both by motorized vehicle and by foot, thereby somewhat reducing traffic volume in the immediate vicinity. In these areas, businesses offering goods and services will be limited in allowed floor area and use. Such regulations generally follow existing Commercial 1 District regulations. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. In the Commercial 1 with Limited Retail C1-LR District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15C. . Page 93 5-4 South Burlington Land Development Regulations CD. Area, Density, and Dimensional Requirements. In the Commercial 1 with Limited Retail C1-LR District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15C. . The maximum residential density shall be twelve (12) units per acre. E. Additional Standards. All applications within the Commercial 1-LR District shall be subject to the supplemental standards in Section 5.08. 5.05 Commercial 2 District C2 A. Purpose. A Commercial 2 District is hereby formed in order to encourage general commercial activity. In addition to uses permitted in the C1 District, large lot-retail uses, such as sale of motor vehicles and building materials, may be permitted. A range of industrial uses as well as clustered residential development may be permitted in locations that are mutually compatible with general commercial activity. Development shall be subject to site plan review to coordinate traffic movements, encourage mixed-use developments, to provide shared parking opportunities and to provide a potential location for high-traffic generation commercial uses. Any uses not expressly permitted are prohibited except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. In the Commercial 2- C2 District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C.. D. Area, Density, and Dimensional Requirements. In the Commercial 2 C2 District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards., except as provided for via applicable PUD type under Article 15.C. The maximum residential density shall be seven (7) units per acre. E. Additional Standards. All applications within the Commercial 2-C2 District shall be subject to the supplemental standards in Section 5.08. 5.06 SWIFT STREET DISTRICT SW A. Purpose. In the Swift Street area of the City, residential land uses predominate but exist compatibly with non-residential uses. A Swift Street District recognizes the complex of existing land uses and densities and allows for the further development of this area. Future residential development shall be at Residential 7 densities given this area’s proximity to an important arterial road with significant commercial development. Future commercial development shall be in general keeping with Commercial 1 (C1) regulations to provide for the goods and services needs of local residents. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. Page 94 5-5 South Burlington Land Development Regulations C. Permitted and Conditional Uses. In the SW District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses, except as provided for via applicable PUD type under Article 15.C. D. Area, Density, and Dimensional Requirements. In the SW District, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards. The maximum residential density shall be seven (7) units per acre. E. Additional Standards. All applications within the SW-Swift Street District shall be subject to the supplemental standards in Section 5.08. 5.07 ALLEN ROAD DISTRICT AR A. Purpose. In the Allen Road area of the City, residential land uses predominate but exist compatibly with light commercial, light industrial, and other non-residential uses. An Allen Road District recognizes the complex of land uses and densities here, the area’s potential as a major gateway into the City from the south, and allows for the further development of this area. Future residential development shall be at Residential 12 densities given this area’s proximity to an important arterial road with significant commercial development. Future commercial development shall be in general keeping with Commercial 1 (C1) regulations to provide for the goods and services needs of local residents. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. (1) In the AR District, principal permitted uses and conditional uses shall be those shown in Table C- 1, Table of Uses, except as provided for via applicable PUD type under Article 15C. (2) Service stations shall be permitted only on lots having frontage on Shelburne Road. CD. Area, Density, and Dimensional Requirements. In the AR, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable PUD type under Article 15C. . The maximum residential density shall be twelve (12) units per acre. E. Additional Standards. All applications within the AR-Allen Road District shall be subject to the supplemental standards in Section 5.08. 5.08 Supplemental Standards for All Commercial Districts A. Development according to commercial district regulations and multifamily development at the residential density specified for the applicable district shall be subject to site plan review, as set forth in Article 14, the purpose of which shall be to encourage innovation of design and layout, encourage more efficient use of land for commercial development, promote mixed-use development and shared parking opportunities, reduce stormwater runoff and maximize infiltration, provide coordinated access to and from commercial developments via public roadways, and maintain service levels on public roadways with a minimum of publicly financed roadway improvements. Page 95 5-6 South Burlington Land Development Regulations B. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot size, and lot depth. Area requirements and frontage needs may be met by the consolidation of contiguous lots under separate ownership. Construction of a new public street may serve as the minimum frontage needs. Where multiple structures are proposed, maximum lot coverage shall be the normal maximum for the applicable district. C. [RESERVED] D. Commercial properties that abut residential districts shall provide a screen or buffer along the abutting line in accordance with Section 3.06(I) of these Regulations. Page 96 6-1 South Burlington Land Development Regulations 6 INDUSTRIAL and AIRPORT DISTRICTS 6.01 Mixed Industrial-Commercial District IC 6.02 Airport District AIR 6.03 Airport Industrial District AIR-I 6.04 Industrial-Open Space District I-O 6.05 Supplemental Standards for Industrial and Airport Districts 6.01 Mixed Industrial-Commercial District IC A. Purpose. The Mixed Industrial-Commercial District is formed to encourage general industrial and commercial activity in areas of the City served by major arterial roadways and with ready access to Burlington International Airport. The Mixed Industrial- Commercial district encourages development of a wide range of commercial, industrial and office uses that will generate employment and trade in keeping with the City’s economic development policies. These uses are encouraged in locations that are compatible with industrial activity and its associated land use impacts. Major commercial uses, such as supermarkets and shopping centers shall not be permitted. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Review Procedures. All applications for development within the IC district shall be reviewed pursuant to the site plan provisions of Article 14, unless the PUD or subdivision provisions control. BD. Permitted and Condition Uses. In the IC District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. CE. Area, Density, and Dimensional Requirements. In the IC district, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards. F. Additional Standards. All applications within the IC District shall be subject to the supplemental standards in Section 6.05. 6.02 Airport District AIR A. Purpose. The Airport District is formed to facilitate the development and operation of Burlington International Airport, the Vermont Air National Guard, and associated facilities, while providing standards for review and development that improve the compatibility of these uses with surrounding residential and commercial uses. Any uses not expressly permitted are prohibited, except those which are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. Page 97 6-2 South Burlington Land Development Regulations C. Review Procedures. All applications for development within the AIR district shall be reviewed pursuant to the site plan provisions of Article 14, unless the PUD or subdivision provisions control. BD. Permitted and Conditional Uses. In the AIR District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. CE. Area, Density, and Dimensional Requirements. In the AIR district, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards. DF. Additional Standards. All applications for development within the AIR District involving new or expanded buildings or structures shall comply with the requirements of Section 13.03, Airport Approach Cones. All applications within the AIR District shall be subject to the supplemental standards in Section 6.05 and the following additional standards: (1) No use shall be permitted which will produce electrical interference with radio communications or radar operations at the Airport. (2) No lights or glare shall be permitted which could interfere with vision or cause confusion with airport lights. (3) No use shall be permitted which could obstruct the aerial approaches to the Airport. (4) All uses shall comply with all applicable provisions of the Federal Aviation Administration, and any other federal or state regulations pertaining to airports. 6.03 Airport Industrial District AIR-I A. Purpose. In areas proximate to the Airport, an Airport Industrial AIR-I District is established to provide sufficient land area for the Vermont Air National Guard and Airport-related uses, support facilities, and commercial activities that may be incompatible with general residential or commercial uses. The standards and regulations for the Airport Industrial District recognize the importance of these facilities and uses to the operation of the City and regional economies while providing appropriate setbacks and buffering to offset their impacts on adjacent land uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Review Procedures. All proposed development within the AIR-I district shall be reviewed pursuant to the planned unit development provisions of these regulations. BD. Permitted and Conditional Uses. In the AIR-I District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. CE. Area, Density, and Dimensional Requirements. In the AIR district, area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards. Page 98 6-3 South Burlington Land Development Regulations DF. Additional Standards. All applications for development within the AIR-I District involving new or expanded buildings or structures shall comply with the requirements of Section 13.03, Airport Approach Cones. All applications within the AIR District shall be subject to the supplemental standards in Section 6.05 and the following additional standards: (1) No use shall be permitted which will produce electrical interference with radio communications or radar operations at the Airport. (2) No lights or glare shall be permitted which could interfere with vision or cause confusion with airport lights. (3) No use shall be permitted which could obstruct the aerial approaches to the Airport. (4) All uses shall comply with all applicable provisions of the Federal Aviation Administration, and any other federal or state regulations pertaining to airports. 6.04 Industrial-Open Space District IO A. Purpose. The Industrial-Open Space IO District is established to provide suitable locations for high- quality, large-lot office, light industrial and research uses in areas of the City with access to major arterial routes and Burlington International Airport. The IO District regulations and standards are intended to allow high-quality planned developments that preserve the generally open character of the district, minimize impacts on natural resources and water quality, and enhance the visual quality of approaches to the City while providing suitable locations for employment and business growth. The location and architectural design of buildings in a manner that preserves these qualities is strongly encouraged. Any uses not expressly permitted are prohibited, except those which are allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Review Procedures. All proposed development within the IO district shall be reviewed initially pursuant to the planned unit development provisions of these regulations. The DRB may condition PUD approvals involving the creation of individual lots for development to allow subsequent applications for development of individual lots to be reviewed pursuant to the standards and procedures for site plan review in Article 14 of these regulations. BD. Permitted and Conditional Uses. In the IO District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. CE. Area, Density, and Dimensional Requirements. (1) In the IO district, area, density, and dimensional requirements shall be those shown in, Table C-2, Dimensional Standards. (2) The minimum lot size of an individual lot within a PUD may be modified by the Development Review Board provided the overall tract of land involved in the PUD complies with the minimum and average lot size requirements for the IO district. Page 99 6-4 South Burlington Land Development Regulations F. Additional Standards. All applications within the IO District shall be subject to the supplemental standards in Section 6.05. 6.05 Supplemental Standards for Industrial and Airport Districts A. Site plan or PUD review required. Development according to industrial and airport district regulations shall be subject to site plan or planned unit development review as specified above, the purpose of which shall be to encourage innovation of design and layout, encourage more efficient use of land for development, promote shared parking opportunities, provide coordinated access to and from commercial developments via public roadways, and maintain service levels on public roadways with a minimum of publicly financed roadway improvements. B. Multiple structures and uses permitted. Multiple structures, multiple uses within structures, and multiple uses on a subject site may be allowed, if the Development Review Board determines that the subject site has sufficient frontage, lot size, and lot depth. Area and frontage requirements may be met by the consolidation of contiguous lots under separate ownership. Construction of a new public street may serve as the minimum frontage requirements. Where multiple structures are proposed, maximum lot coverage shall be the normal maximum for the applicable districts. C. [Reserved] D. Buffer strip. Properties in the Airport, Mixed Industrial Commercial, Industrial Open Space and Airport Industrial districts that abut residential districts shall provide a screen or buffer along the abutting line, as per Section 3.06(I) (buffers). Page 100 7-1 South Burlington Land Development Regulations 7 OTHER DISTRICTS 7.01 Institutional and Agricultural District (IA) 7.02 Park and Recreation District (PR) 7.03 Municipal District (MU) 7.01 Institutional and Agricultural District I-A A. Purpose. It is the purpose of the Institutional and Agricultural District to provide for the educational, conservation, research and agricultural operations of the University of Vermont on its properties within South Burlington. It is the further purpose of the Institutional and Agricultural District to provide for the integration of University-related uses into the City's overall land use pattern through the use of appropriate site planning techniques that promote a beneficial pattern of access, circulation, landscaping, and pedestrian connections between University properties and adjacent neighborhoods. The more intensive nature of the University’s properties adjacent to the main campus along Williston Road and the more open, undeveloped character of the properties farther south of the main campus along Spear and Swift Street are also recognized in these land development regulations. To implement these objectives, properties within the Institutional-Agricultural District are designated as Institutional-Agricultural North (“IANORTH”) or Institutional-Agricultural South (“IA-SOUTH”) on the South Burlington Zoning Map and references are made herein to IA-NORTH and IA-SOUTH properties. Any uses not expressly permitted are prohibited, except those uses allowed as conditional uses. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. In the Institutional and Agricultural District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C D . Area, Density and Dimensional Requirements. In the Institutional-Agricultural District, all requirements of this Section 7.01 and Table C-2, Dimensional Standards shall apply. D E . Additional Standards. All applications within this District shall be subject to the following additional standards: (1) For properties in the Institutional-Agricultural district west of Spear Street and north of Quarry Hill Road, an undeveloped area shall be maintained for a minimum of sixty-five (65) feet between the boundary of any adjacent residential zoning district and any new non-residential structure. The DRB may require landscaping or other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-residential structures and adjacent residential districts. (2) For all other properties in the Institutional-Agricultural district, an undeveloped area shall be maintained for a minimum of one hundred (100) feet between the boundary of any adjacent residential zoning district. The yard shall be kept free of buildings, structures, parking lots and facilities, and access drives other than those required to cross through the required yard. The DRB may require landscaping or Page 101 7-2 South Burlington Land Development Regulations other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-residential structures and adjacent residential districts. (3) Educational facilities and educational support facilities in the Commercial 1 district shall be subject to the dimensional standards and requirements of the Institutional-Agricultural North district. (4) Educational Support Facility. Any Educational Support Facility shall be designed and intended to function as a complement to the intended educational use of the property. Such uses shall be secondary to the principal educational use of the property and shall be intended to principally serve students, faculty, and staff of the educational use. 7.02 Park and Recreation District PR A. Purpose. A Park and Recreation District is hereby formed in order to provide for the recreational needs of the City's residents, to provide a balance between developed recreation areas and natural recreation areas, to integrate private parks into the recreation system, and to make recreation areas accessible to all residents regardless of physical ability. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. In the Parks and Recreation District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C D . Area, Density and Dimensional Requirements. In the Park and Recreation District, all requirements of this Section 7.02 and Table C-2, Dimensional Standards shall apply. DE . Additional Standards. All applications within this District shall be subject to the following additional standards: (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. (3) The proposed use will include areas that may be used or accessed by the general public. 7.03 Municipal District MU A. Purpose. A Municipal District is hereby formed to provide for public schools, municipal services including but not limited to administration, police, fire, water, street, and sewer services, landfills, operations of other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other municipal uses, excluding public recreation. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. BC. Permitted and Conditional Uses. In the Municipal District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. Page 102 7-3 South Burlington Land Development Regulations CD. Area, Density and Dimensional Requirements. In the Municipal District, all requirements of this Section 7.03 and Table C-2, Dimensional Standards shall apply. DE. Additional Standards. All applications within this District shall be subject to the following additional standards (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site Page 103 8-1 South Burlington Land Development Regulations 8 CITY CENTER FORM BASED CODE DISTRICT 8.01 Purpose 8.02 Applicability 8.03 Land Development and Building Placement 8.04 Blocks, streets, and alley 8.05 Parking 8.06 Special Standards 8.07 Prohibited Materials 8.08 Open Space Requirements 8.09 Uses Allowed and Changes of Use 8.10 Review Procedures 8.11 Nonconformities 8.12 City Center T3 and T3+ Neighborhood 8.13 Urban Multi-Use Building Envelope Standards 8.14 T-5 Building Envelope Standards 8.15 City Center FBC Master Plan Review and Approval [Reserved] 8.01 Purpose A. Purpose. The City Center Form Based Code (FBC) District is a standalone zoning district with boundaries established on the Official Zoning Map, and has specific rules and standards set forth below which apply solely in the City Center Form Based Codes District. The FBC District implements a form based zoning regulation applicable to the City Center (either the ”Code” or the “FBC”) which encourages sustainable retail, commercial and mixed use development of open land, redevelopment of existing mixed use land and preservation and improvement of residential areas through pedestrian and bicycle connectivity. The FBC District (this article) is designed to maintain and foster improvement to the FBC District’s existing structures and encourage new development and infrastructure that incorporates planned transportation corridors with walking and bicycling coincidental with the automobile. This District aims to preserve the existing residential fabric while stimulating new mixed use growth that facilitates a safe and economically self-sustaining place to live and work. Future development within the City Center FBC District and its Transect Zones shall be of a form of built environment that creates and protects development patterns that are compact, pedestrian oriented and mixed use. Available parking will be a mix of parallel and diagonal on-street and screened off- street. Adequate space for walking, interconnectedness of neighborhoods and convenient parking areas will characterize the district so that there will be a mix of uses within walking distance of dwellings and parking. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form Based Code District.” 8.02 Applicability A. City Center Form Based Code District and Form Based Code. The City Center FBC District is allocated among different areas, known as Transect Zones, to reflect the different nature and densities of existing and anticipated development. The City Center FBC District Transect Zones are named T-5, T-4, T- Page 104 8-2 South Burlington Land Development Regulations 3, T-3+ and T-1 and are shown on the Zoning Map. Each Transect Zone is governed by its respective Building Envelope Standards (BES), attached hereto in Sections 8.12 – 8.14 hereof, and Street TypologyType, attached hereto in Article 11 hereof. The Zoning Map, Building Envelope Standards and Street Typology Types are binding within the City Center Form Based Code (FBC) District and are made a part hereof. (1) The T1 Transect Zone depicts stream bufferRiver Corridor, wetland, and wetland buffer areas on the Official Zoning Map. Stream bufferRiver Corridor, wetland, and wetland buffer areas are shown for illustrative purposes only. Depicted stream bufferRiver Corridor, wetland, and wetland buffer boundaries are approximate. The diagram should not be construed as showing all stream buffersRiver Corridors, wetland, and wetland buffer areas, nor their precise locations of such stream buffers, wetland, or wetland buffer areas. Stream bufferRiver Corridor, wetland, and wetland buffer delineation for permitting purposes must be determined in accordance with Article 10 and 12 of the South Burlington Land Development Regulations, as applicable. B. Limited Incorporation of Land Development Regulations. Articles 3, 13, 14, 15, and Appendix C of the South Burlington Land Development Regulations shall not be applicable in the City Center Form Based Code (FBC) District except the following sections: 3.01 - 3.05, Table 3-1, Figures 3-1a & 3-1b, 3.08, 3.09(A), 3.10 (E), 3.11(F-G), 3.12 & 3.13 Article 13 shall apply as indicated within the Article. Article 14 shall apply as indicated within the Article. Article 15 shall apply as identified within the Article. Where in this Article a specific section or subsection is referenced, it shall apply. In the event of a conflict between the Building Envelope Standards or Street Typesology and other portions of these Regulations, the Building Envelope Standards and Street Typesology shall control. 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See also Section 8.11, non-conformities. B. Building Placement. (1) All new buildings, and all additions to buildings shall include at least one building façade located entirely within a Build-to-Zone, except as provided for below: (a) Buildings permitted in a T3 Cottage Court (b) As permitted under Section 8.11, Nonconformities; or, (c) Accessory structures C. Special Requirements, Prohibitions & Exceptions (1) For buildings on lots adjacent to Public Open Space or Parks, the building facades that are parallel to, and which abut the Public Open Space or Park, without regard to any rights-of-way, shall meet the BES applicable to Secondary Building Facades. Any such building abutting a qualifying street shall meet all BES applicable to such street. Page 105 8-3 South Burlington Land Development Regulations (2) Loading docks and other entries meant principally for deliveries shall not face streets, except where: (a) They are set back a minimum of 100 feet from the building façade that is parallel to and closest to the public street; and, (b) The total width of said docks, doors, and entries does not exceed 12 feet. (3) All loading docks and associated truck parking areas shall be screened from view from streets. In the case of a nonconforming loading dock and associated truck parking area, any changes to the location or configuration of the loading docks or associated truck parking areas shall require compliance with this subsection. (4) Residential uses are prohibited within fifty (50) feet horizontal distance of ramp rights-of-way, both existing and planned, for Interstate 89 and Interstate 189. 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center FBC District, including transportation, economic development, creation of an active, pedestrian- friendly environment, and to implement the intent of block standards identified within the Building Envelope Standards of each Transect Zone. (2) Construction of streets (a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance the street types designated within the City Center Form Based Code – Primary & Secondary Streets & Block Standard Applicability Map, except as follows: (i) Street, streetscape and any other construction or improvements along or within the existing or proposed right-of-way for Market Street, Garden Street and Midas Drive and for the Williston Road intersections of Midas Street/White Street and Patchen Road/Hinesburg Road shall conform to engineered plans developed by the City and as modified by the Director of Public Works. (i)(ii) with the requirements of Article 11, Street Typologies. Where no street type has been identified, the standards of section 15.A.14(C) shall apply. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, or where an expansion, extension, or reconstruction of a non-conforming structure exceeds the thresholds established in Section 8.11(D), such street shall must be upgraded pursuant to Article 15 and in accordance with requirements of Article 11, Street Typologies .adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. (3) Perimeter and Length of Blocks. The minimum / maximum perimeters and lengths of any block shall be determined by BES, except as otherwise provided for in this Article. Page 106 8-4 South Burlington Land Development Regulations (4) Frontage Buildout. Frontage Buildout requirements for the applicable Transect Zone shall apply along all streets pursuant to the BES. See Section 8.11, Nonconformities, for development existing at the time the FBC was enacted. (a) Where Hazards and Level I Resourceswetlands and wetland buffers and streams and stream buffers, as defined in Article 12, are located along streets and are proposed to be unaffected, the linear distance of these features along the street shall be removed from the calculation of the lot’s minimum frontage buildout requirement. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. This requirement, however, shall not apply to the planned street extending north from Barrett Street depicted on the City Center Form Based Code Primary & Secondary Street & Block Standard applicability map. (6) Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all public, planned, and proposed streets within the Transect Zones. (a) In the event that a third party easement which predates the initial adoption of this Article exists within a build-to-zone prohibiting the frontage buildout to be met, the build-to-zone shall, for the length of the easement, be established along the rear edge of the easement. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. (a) Exempt areas. Block lengths and block perimeters for the applicable Transect Zone shall not apply in areas shown on the Official Map as exempt from such standard, unless, pursuant to 24 VSA 4421(5), the application is to be reviewed without regard to the proposed public facility indicated on the Official Map. In such instances, block length and perimeter standards for the applicable Transect Zone shall be met. (b) Non-exempt areas. Block lengths and block perimeters for the applicable Transect Zone shall apply for all areas shown on the Official Map as non-exempt from such standards. (2) Public Facilities on the Official Map: Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility for improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: (a) Where applicable, the applicant shall construct such street in accordance with the requirements of these Regulations; (b) Where the street is proposed to be public, the minimum street right-of-way width shall be as identified within Article 11, Street Typologies; (c) Where the City identifies a specific Street Type on the Official Map, such street shall comply with the standards for that street type in Article 11; (d) The actual location of a street may deviate from the location identified on the Official Page 107 8-5 South Burlington Land Development Regulations Map within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the applicable Transect Zone; (e) The actual location of a street may be deviate from the location identified on the Official Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in the applicable Transect Zone. Such deviation shall require approval of the Development Review Board pursuant to the following: (i) The proposed location shall connect to adjacent existing, planned, or proposed streets at each end; (ii) The proposed location shall remain consistent with any City and Regional Planning Commission transportation corridor studies; (iii) It shall remain possible to complete all planned and reasonably anticipated connections to adjacent properties; (iv) The applicant shall solicit from the owners of all adjoining properties their written input or comment regarding the proposed deviation from the location identified on the Official Map and shall demonstrate to the DRB the attempt(s) to solicit this written input or comment; and, (v) Any such deviation that results in a significant change in connections to any existing, planned, or proposed street right-of-way shall require approval by the City Council following recommendation by the Planning Commission. Any such deviation shall include an amendment to the Official Map that depicts the revised connection between the new street location at the applicant’s property line and the planned street on the adjacent parcel. For the purposes of this subsection, a significant change may include a change in the parcel(s) through which the streets are planned, any modification to an approved City or State plan for the street connection, or a change affecting the alignment of a planned or existing intersection. (3) Standards for Non-exempt areas. In areas or circumstances that are not exempt from block length and perimeter requirements, the following standards shall apply. (a) The applicant shall submit plans demonstrating compliance with the block standards for the entire parcel. Such submission may include phasing, and in such cases, may for future phases provide detail sufficient only to indicate that the standards of these Regulations can be met at a future time. (b) All proposed streets shall comply with the requirements of Section A above and of the applicable Building Envelope Standards. (c) The Development Review Board shall have the authority to modify minimum and maximum block lengths by up to 10% where it finds that: (i) The modification will result in avoidance of impacts to a Hazard or Level I Resourcewetland, wetland buffer, stream, or stream buffer, as defined within these Regulations; (ii) Pre-existing site conditions such as existing buildings proposed to remain, existing signalized intersections, or existing signalized curb cuts make placement of the block length within the required distance impractical or result in a detriment to vehicular or non-motorized transportation safety or efficiency, or; Page 108 8-6 South Burlington Land Development Regulations (iii) The modification will result in an improved alignment of an intersection, such as aligning with an intersection on the other side of the street, or establishing a safe distance from an existing intersection; (d) Where the DRB approves a modification of a minimum or maximum block length standard, the following shall apply: (i) All requirements for pedestrian passages within the applicable BES shall be met; and, (ii) Where a block length exceeds the maximum for the applicable Transect Zone, a public lane, pedestrian pass, or path as defined within the Street Typologies shall be established, creating a mid-block connection to the adjacent public street, and offered for dedication to the City. Where the applicant’s property is not adjacent to a public street, a public lane, pedestrian pass, or path shall be established to the property line or to the nearest existing pedestrian infrastructure that provides perpendicular connectivity. C. Primary and Secondary Streets. Standards for buildings and building placement along Primary and Secondary Streets are contained within the Building Envelope Standards for each Transect Zone. D. Primary and Secondary Building Façade determination. Where a building is located on a lot that is a corner lot or through-lot, the Primary Building Façade shall be the one parallel to and closest to the street with the higher traffic count, except where: (1) The higher traffic count street is an Interstate or Interstate ramp; (2) The lower traffic-count street is labelled as a Primary Street and the higher traffic count-street is labelled as a Secondary Street on the Official Map; (3) The lot has at least one hundred (100) feet of frontage on Market Street; or, (4) Upon application to the Development Review Board, the Board finds that the application presents a unique circumstance that is in keeping with the purposes of the Transect Zone in which the project is located. All building facades parallel to other streets and public open spaces shall be Secondary Building Façades. E. Corner Radii; Clear zones. Corner curb radii shall be determined by Street Type within Article 11, Street Typologies. Tight turning radii are intended to shorten pedestrian crossings and inhibit drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks) to turn corners, a 25- foot radius Clear Zone shall be established free of all vertical obstructions including but not limited to telephone poles, sign poles, fire hydrants, or electrical boxes. Page 109 8-7 South Burlington Land Development Regulations F. Alleys. Alleys are encouraged in the City Center Form Based Code (FBC) District to minimize curb cuts and to provide access to parking and service areas behind buildings. Alley locations and dimensions are not fixed but shall be designed to accommodate the alley’s purpose. 8.05 Parking A. On Street Parking. The selection of diagonal or parallel parking along any section of road shall be determined by Street Type and Street Typology Type and consultation with the Department of Public Works. B. Off-Street Parking placement. (1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be permitted, but shall be set back a minimum of 25 feet from the closest street line. (2) On a lot that complies with all requirements of the applicable BES, the Development Review Board may approve surface parking which is within the 25-foot setback and which is not hidden from view from the street by a building, provided: (a) the subject parking represents the smallest practicable portion of the total parking required for the property; and, (b) the area encompassed by the subject surface parking represents a significantly minor incursion with the 25-foot setback. (3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’) of an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for all areas between the street right-of-way and proposed parking have been met, regardless of whether such areas are on one or multiple lots with one or multi ownerships. (a) This figure shall be reduced to sixty-two feet (62’) where the applicant demonstrates that this area has a shared parking agreement that would allow for the development of the area without parking within this sixty-two foot (62’) area. Screening with vegetation or a non-plastic fence or wall of at least three (3) feet in height shall be installed along the street frontage until such time as the area is developed. The Administrative Officer may approve the screening to be at the rear of the area, adjacent to parking, where it presents a better overall landscape treatment for the site. C. Structured Parking Lot Placement. Any structure located within the Build-to-Zone may contain structured parking. All such parking, however, shall be set back at least 25’ from all front building facades on the first story. Such minimum 25’ area shall contain uses that are allowed in the Transect Zone. (1) Parking structures are exempt from the requirement that at least one building façade be located within a Build-to-Zone so long as Frontage Buildout requirements have been met by a principal building or buildings or liner buildings. A parking structure that is located to the rear of building(s) that comply with the Frontage Buildout for the applicable Transect Zone is exempt from glazing and door standards. D. Access to Off Street Parking. Alleys shall be the way to access off-street parking. Parking along alleys may be head-in, diagonal, or parallel. Alleys may be incorporated into parking lots as standard drive aisles. Access to all properties adjacent to the alley shall be maintained. Access between adjacent lots and Page 110 8-8 South Burlington Land Development Regulations across property lines is required, as stipulated in 14.07FA and 13.012F of these Regulations. Corner lots shall access parking from the secondary street (see diagram below). 8.06 Special Standards A. Civic Sites. (1) General. Civic sites and buildings are of special public importance. Civic Sites include municipal buildings, libraries, municipal schools, public recreation facilities, and the land on which the Civic building is located. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings. (2) Modification of Standards. In order to provide greater flexibility to create a special architectural statement, Civic Buildings may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following an application. In considering an application, the Board shall have the authority to modify or waive Build-to-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in making its determination: (a) Presence of a public design process and formal recommendation from the South Burlington City Council and/or School Board; (b) Consistency of the design with an adopted municipal or school building design policy (if one exists); (c) Consistency of the project with the written purposes of the applicable Transect Zone; and, (d) Advancement, where appropriate, of the project with design elements specifically encouraged within the applicable Transect Zone. (3) Exemptions. Expansions of or modification to existing municipal school buildings shall be exempt from the following requirements within the BES for the applicable Transect Zone: build-to- zone, glazing, frequency of entrances, minimum story, and frontage buildout. (4) Limits of Authority. Civic buildings shall not be exempt from any other Building Envelope Standards within the applicable Transect Zone except as apply to any non-civic buildings. B. Places of Worship. (1) General, and Modification of Standards. Places of worship are of special public importance. In order to provide greater flexibility to create a special architectural statement, Places of Worship may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following an application. In considering an application, the Board shall have the authority to modify or waive Build-to-Zone, Page 111 8-9 South Burlington Land Development Regulations Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in makings its determination: (a) Consistency of the project with the written purposes of the applicable Transect Zone; and, (b) Advancement, where appropriate, of the project with specific design elements encouraged within the applicable Transect Zone. (2) Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope Standards within the applicable Transect Zone except as apply to any buildings that are not used as Places orf Worship. C. Drive Throughs. Drive-through service windows are permitted in the back of the building, in mid- block and alley-accessed locations provided they comply with all of the following standards: (1) Queuing for drive-throughs shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; (2) For mid-block lots, drive through service windows shall face the rear lot line. In the case of a mid-block through-lot, drive-through service windows shall face the side lot line opposite the primary building façade; (3) For corner lots, drive through service windows shall be hidden by the building along all public streets (see diagram below); (4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any standard in these regulations that requires a minimum of two (2) stories; and, (5) Applications for a drive-through facility shall not be deemed complete without a mandatory technical review by a traffic consultant to determine adequate stacking lane length. D. Service Stations. Service Stations are permitted in the rear, in mid-block and alley -accessed locations provided they comply with the all of following standards: (1) No service station shall be located within 300 linear feet of a civic site; (2) Queuing for service stations shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; Page 112 8-10 South Burlington Land Development Regulations (3) For mid-block lots, fuel pumps, fueling canopies and commercial electric car charging stations shall face the rear lot line; (4) For corner lots, fuel pumps, fueling canopies and commercial electric car charging stations shall be hidden by the building along all public streets (5) Service stations shall conform to all applicable BES and shall not be exempt from any minimum two (2) story requirement. E. Buffer Strip. Any Buffer Strip required by a Building Envelope Standard shall consist, at a minimum, of a strip of land that is no less than twenty feet wide measured from the applicable lot line and shall include a screening buffer that is not less than eight (8) feet in width, measured from the applicable lot line, and planted with dense evergreens that are at least seven (7) feet in height at time of installation, and a separation buffer not less than twelve (12) feet wide measured from the edge of the screening buffer, in which no building shall be allowed. Where a vehicle turn-around or parking will be located adjacent to the screening buffer, then the screening buffer shall be supplemented as needed so as to be opaque year round. The Buffer Strip may include fencing to supplement the screening and/or separation buffers. F. Required Minimum Stories, Combined Stories. (1) Building Stories. Where these Land Development Regulations establish a required minimum number of stories, each story above the ground story up to and including the minimum number of required stories shall: (a) Contain a floor area of at least 75% of the building footprint for buildings with a building footprint of less than 60,000 square feet or 50% of the building footprint for building with a buildings footprint of 60,000 square feet or more; and, (b) Be located directly above the story below and form an extension of the building facade for at least 75% of the building facade on all primary and secondary facades. (2) Combined stories. For each story in a building containing one or more stories with a floor-to- floor height that exceeds the maximum height allowed in the applicable Transect Zone / Zoning District, the number of stories shall be calculated by dividing the proposed floor-to-floor height by the number of feet equal to the maximum story height and rounding up to the next whole number. Example: a 20’ floor to ceiling height in a Transect Zone where maximum story height is 14’ will count as two stories for the purposes of calculating the maximum allowable number of building stories in a Transect Zone. For the purposes of calculating the minimum number of building stories in a Transect Zone, however, combined stories shall not be considered to be more than one story. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. In the T4 and T5 districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to minimize visibility from any point at or below the roof level of the subject structure. Such features, in excess of one foot in height, shall be enclosed by outer building walls or parapets, grouped and Page 113 8-11 South Burlington Land Development Regulations screened, or themselves designed so that they are balanced and integrated with respect to the design and materials of the building. Such rooftop devices shall not be counted as a “story.” (2) Flat Roof Designs. Where flat roofs are used, architectural elements such as cornices shall be included. Any such cornice or similar design shall be installed along all primary and secondary building façades. (3) Rooftop Use and structures. A rooftop may be used for any use permitted for the building. Enclosed or partially-enclosed building features are permitted and shall not be considered as an additional story, subject to the following conditions: (a) The total area of all such features, including elevator shafts, building space, garden sheds, permanent awnings or breezeways, or architectural features such as clock-towers or spires, shall not exceed the greater of 200 square feet or 20% of the area of the upper-most story of the building, whichever is greater and, (b) The height of any such features shall not exceed 14’ above the maximum height of the building (measured as maximum stories x maximum height of each story. (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any façade parallel to and adjacent to a street and shall be screened from view of any such street. On-building fire hydrants shall be exempt from this subsection. H. Alternate Compliance for Entrances in T4 (1) Authority. The Development Review Board shall have the authority to review and approve, approve with conditions, or deny disapprove an application for development that differs from the strict requirements of Section 8.13(C)(6) [T4 Urban Multi-Use District Building Envelope Standards, Entrances] subject to the standards and limitations below. (2) Entrance standard intent. It is the intent of Section 8.13(C)(6)(a-e), in concert with other standards of Section 8.13, to establish a regular, consistently pedestrian-friendly environment in the applicable district. The presence of regular, Operable entrances is designed to foster a built pattern consisting of attractive, engaging, and interactive built forms. Users along a street are presented with an inviting street presence of the building and are engaged throughout its length. This section is also intended to support the viability of activities within adjacent buildings (existing or future) by creating a pedestrian environment where the user has reason and interest to walk the entire length of a building and engage with the next building rather than have an uninviting and unengaging environment where a user would turn around. (3) Standards for review. In making its determination, the Development Review Board shall consider the following standards: (a) The Board finds that the alterative design advances the specific objectives of the Central District of the Comprehensive Plan in a manner that is equal or greater than the standard contained within the BES. (b) The Board finds that the alternative design advances the Purpose of the Transect Zone as stated in these Land Development Regulations in a manner that is equal to or greater than the standard contained within the BES. (c) The Board finds that the alterative design advances the Intent of the standard as stated in this Section in a manner that is equal to or greater than the standard contained within the BES. Page 114 8-12 South Burlington Land Development Regulations (d) Any proposed alternative shall be incorporated along all facades of a building for which alternate compliance is being sought and shall be distributed along the entire façade in a manner which meets or exceeds the average frequency and maximum spacing as required by the BES. (e) Any proposed alternative shall be not be counted or calculated as meeting or contributing to any other required element or financial obligation of these Regulations. (f) Any proposed alternative shall fulfill its function in all seasons. (g) Creative alternatives are encouraged. Any proposed alternatives, however, shall consist of original design elements. In the case of artwork, only Commissioned artwork shall be considered. I. Accessory Structures. Accessory structures shall exceed neither 500 square feet in area, nor fifteen (15) feet in height. Accessory structures shall not be located between the street line and the front building line of any principal building and shall be located a minimum of five (5) feet from all lot lines. There shall not be more than one accessory structure per principal building on the lot. The standards in Section 3.10(A-D) shall not apply in this district. 8.07 Prohibited Materials The following is a list of materials that are strictly forbidden as exterior finish materials in all Transect Zones: • All types and form of vinyl siding or vinyl finishing products. • External Insulation and Finish System (EIFS) • Stucco • Plywood (excluding Marine Grade plywood) • Chain-link fence • T1-11 • Concrete block, cinder block • Tar paper • Tyvek or equivalent 8.08 Open Space Requirements A. Purpose. The open space standards contained herein are established to provide for the creation or improvement of open spaces in both residential and non-residential developments located in the City Center FBC District. Establishing, enhancing and preserving open space serve multiple purposes and meet the recreational needs of residents, visitors, and employees. These open spaces define the distinctive character of the community and are intended to provide a pleasant interlude in the urban environment, serve as a source of great civic pride, and render the area more attractive or attract new residents and businesses to the community. They can also be combined to serve multiple simultaneous purposes, including stormwater treatment, wildlife habitat, or provision of local foods. In addition, these spaces may provide breathing space, and visual and psychological relief, and meet other needs of community residents. Frederick Law Olmsted aptly described parks and open spaces as the “lungs” for the city. Page 115 8-13 South Burlington Land Development Regulations The standards set forth below establish regulations for open space in residential, non-residential, and mixed-use developments. It is the City’s intent that all Qualifying Open Spaces shall be high quality, useable and serve the purposes listed above. Qualifying open space must clearly be planned for that purpose and of sufficient size to serve a legitimate recreational or relaxation opportunity. In making the final determination of whether, and how much, proposed open space meets the City’s requirements, the Administrative Officer shall utilize these Regulations, its related Appendices, and the purpose statement of this subsection. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form Based Code District.” B. General Requirements. In addition to the standards set forth in the Building Envelope Standards, qualifying open spaces shall be required in all Transect Zones per Table 8-1: Table 8-1 Civic Space / Site AmenityOpen Space Requirements Transect Zone Residential /Non- Residential Parcel Size Min Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non- Residential All 5% of non- residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 100 % must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits No public realm requirement for residential component Residential, 10-19 Units All 85 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits No public realm requirement for residential component Residential, 20 or more Units All 60 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits No public realm requirement for residential component T4 Non- Residential <20,000 SF 6% of non- residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 75% must be part of the public realm Non- Residential >20,000 SF 6% of non- residential building gross floor area Qualifying open Space mMust be located on site or within 150’ of the site and directly accessible from the site Whether on or off site, 75% must be part of the public realm Page 116 8-14 South Burlington Land Development Regulations Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space mMust be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 10-19 Units All 85 Square Feet Per Unit Qualifying open Space mMust be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 20 or more Units All 60 Square Feet Per Unit Qualifying open Space mMust be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component T3/T3+ Non- Residential All 6% of non- residential building gross floor area Qualifying open Space mMust be located on site Minimum 30% must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space mMust be located on site No public realm requirement for residential component Residential, 10-19 Units All 100 Square Feet Per Unit Qualifying open Space mMust be located on site; 25% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 20 or more Units All 90 Square Feet Per Unit Qualifying open Space mMust be located on site; 40% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component (1) Mixed uses. Where a lot contains both residential and non-residential uses, the minimum open spacecivic space / site amenity requirements in Table 8-1 for each type of use shall be met. The gross floor area of the non-residential uses on the lot shall be the sum of the gross floor area of each building on the lot less the sum of the area of the residential units on the lot. Page 117 8-15 South Burlington Land Development Regulations C. Qualifying Open/Civic Space/Site Amenity. Qualifying Open/Civic Space/Site Amenity is defined per the palette of options included in Appendix FArticle 11.B, and specifically excludes areas also intended for motor vehicular use, such as parking areas, driveways, travel lanes, etc. D. General Open SpaceCivic Space / Site Amenity Notes (1) In all Transect Zones, only Open SpaceCivic Space / Site Amenity areas meeting the requirements of Appendix F and this article shall count towards the minimum qualifying Open Space requirements. (2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered qualifying Civic Space / Site AmenitiesOpen Space. A divider between a parking lot and a qualifying street type shall be considered qualifying Open Space where applicable and allowable. E. Open SpaceCivic Space / Site Amenity Location (1) Locating Open SpaceCivic Space / Site Amenities Off-Site (a) Qualifying open spaceCivic Space / Site Amenity may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must be located within City Center FBC District boundaries and must meet the standards articulated herein. Designated off-site civic space / site amenity open space must qualify under the palette of options listed in Appendix FArticle 11.B. (b) Designated off-site qualifying civic space / site amenity open space shall be located on developable land. For the purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per Article chapter 12 of these regulations, unless approved for impact under said chapterArticle. (c) Wetlands and wetland buffers shall not be designated as off-site qualifying civic space / site amenity open space areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Open SpaceCivic Space / Site Amenity pursuant to this Article and Article 11.BAppendix F. In considering whether to make this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Appendix FArticle 11.B of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. (d) Pre-approval of open civic space / site amenityspace. An applicant that constructs a greater area of open spacecivic space / site amenity than the minimum required area may apply that additional open space that exceeds the minimum towards the required open space for a future building. In doing so, the applicant shall demonstrate with each such building that the off- site open space is qualifying for the proposed building in question. Page 118 8-16 South Burlington Land Development Regulations (2) Large Development Area Open SpaceCivic Space Option (a) Purpose: To provide larger properties within the City Center Form Based Code District the ability to provide a portion of their required open space in a coordinated, consolidated manner. (b) Requirements: At the time of site plan application for any building proposed to make use of an Open SpaceCivic Space under this sub-section, or, at the applicant’s discretion, as a separate miscellaneous application, the following shall be submitted: (i) A plan delineating the Area Affected and indicating the location of existing parcel lines, public pedestrian or roadway easements, and public rights-of-way within the Area Affected. All parcels included in the Area Affected must be contiguous, excepting public rights-of-way. All land included within the Area Affected must be continuous, excepting public rights-of-way, and shall consist of no fewer than 15 acres of land, exclusive of existing public pedestrian or roadway easements and public roadways. (ii) The plan also shall demarcate the area(s) to be designated as open space and for each such civicopen space area identify the type(s) of qualifying open civic space. (iii) Each such area of qualifying civicopen space within the Area Affected shall consist of at least ½ acre and shall include an entrance directly fronting a public street. (iv) Demonstration of common ownership, control, or legal agreement among owners of land within the Area Affected. (v) Demonstration of pedestrian connectivity, showing that each existing or proposed building within the Area Affected that will use the designated open space within the Area Affected to provide any of the qualifying open civic space required by these regulations will have uninterrupted pedestrian access (save for street or driveway crossings) to such qualifying civicopen space(s). Access may consist of paved or unpaved surfaces but shall be intended for pedestrian and/or bicycle use. Such uninterrupted pedestrian access to any designated open civic space(s) must be constructed and completed prior to the issuance of a Certificate of Occupancy for such building. (b) (c) Effect: Approval of a Large Property Open Civic Space Option shall afford the applicant the following, in addition to the options available in Table 8-1: (i) Designated open civic space within the Area Affected may be used to provide the qualifying open space required by these regulations for any buildings within the Area Affected that are located within ¼ mile walking distance of the designated civicopen space within the Area Affected. Distance shall be measured from the nearest corner of the building to the entrance to the civicopen space via the pedestrian connection; and, (ii) Any designated open civic space within the Area Affected shall be eligible to account for up to 50% of the total qualifying open civic space/site amenity required for a building within the Area Affected. (d) Ongoing accounting. The property owner / controlling entity of the Area Affected shall maintain an ongoing tally of qualifying civicopen space required and provided for all development within the area affected which shall be submitted whenever an application proposes a change in the designated Open Civic Space or in the civicopen space/site amenity provided in connection with a building within the Area Affected. Page 119 8-17 South Burlington Land Development Regulations F. Off-Site CivicOpen Space/Site Amenity Credits (1) Applicability. In lieu of providing Open Civic Space/Site Amenity Space as required by these Regulations, an applicant may contribute to a designated City Fund that shall be used to acquire Open Civic Space and/or for Open Civic Space capital improvements, both within the City Center FBC District, subject to the following conditions and requirements: (a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Open Civic Space/Site Amenity for any parcel of less than two (2) acres in size. (b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of the minimum required qualifying Open Civic Space / Site Amenity for any parcel of two (2) acres or more. (2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum required percentage of qualifying Open Civic Space / Site Amenity per Table 8-1 multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect Zones. G. Landscaping Requirements (1) Per Section 13.064(G), new development must meet a minimum landscaping budget equal to 3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. (2) Within the City Center FBC District, the minimum landscaping budget may be applied to non- bulb perennial vegetation, or other amenities, as detailed in Table 8-2 and Article 11.B, Civic Space TypesAppendix F, as part of a cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate to the site. (3) Off-site landscaping. Where Open Civic Space is approved to be located off-site or within a specified distance of the site pursuant to Section 8.08(E), up to eighty-five (85) percent of the required landscaping budget may also be located off-site. Prior to the application of any landscaping budget as permitted in this subsection, the applicant shall demonstrate to the Administrative Officer that the site that is the subject of the application has been adequately landscaped with trees, shrubs, and other non-bulb perennial vegetation, so as to provide a cohesive landscaping plan on the site. When landscaping is proposed off-site or within a specified distance of the site, the total required landscape budget shall increase by fifteen (15) percent. Table 8-2. Landscaping Options Zone Maximum use of Minimum Landscaping Budget Acceptable Palette of Options T5 90% Palette includes commissioned sculptures (excluding signss), fountains, ornamental planters, ornamental or commissioned benches*, decorative hardscapes, and ornamental or commissioned bicycle racks* Page 120 8-18 South Burlington Land Development Regulations T4 80% Palette includes same as T5. T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for community gardens, gazebos for common use, and rain gardens (as restricted in Appendix F). *credit may be given for the incremental value by which the proposed amenity exceeds the specified requirement for the district, at the discretion of the Administrative Officer or the Development Review Board where applicable s As defined in the South Burlington Sign Ordinance Credit will not be given for the value of the land under which any of the above are constructed. H. Maintenance. All qualifying civicopen space / site amenity areas, and elements contained within, shall be maintained in good condition and the entire area shall be kept clear of debris. Failure to maintain the area shall constitute a violation of these Regulations. 8.09 Uses Allowed and Changes of Use. A. General Provisions. Within the Transect Zones, all uses shall be allowed except as specified in Table 8-3, Table of Uses, these Land Development Regulations, other applicable City ordinances and regulations and by state statute or applicable state regulation. In Table 8-3 below (Transect Zone Table of Uses), where a use is not listed as prohibited within a specific Transect Zone, it is allowed in that Transect Zone pursuant to these Land Development Regulations. B. Nonconforming structures. Table 8-3, Transect Zone Table of Uses, indicates uses that are prohibited in each Transect Zone for structures that are not in full compliance with the applicable Building Envelope Standards. See also Section 8.11 for nonconformities. Table 8-3. Transect Zone Table of Uses Transect Zones Table of Uses Non-Conforming Structures, all Transect Zones T3/ T3+ T4 T5(1) Adult use Prohibited Prohibited Prohibited Prohibited Airport Uses Prohibited Prohibited Prohibited Prohibited Animal shelter Prohibited Prohibited Prohibited Prohibited Auto and/or motorcycle sales Prohibited Auto and/or motorcycle service & repair Prohibited Auto rental, with optional private accessory car wash & fueling Prohibited Cannabis dispensary (cultivation only) Prohibited Prohibited Prohibited Prohibited Car wash Prohibited Commercial kennel, veterinary hospital and/or pet day care Prohibited Prohibited Prohibited Prohibited Drive-through establishments, except financial institutions Prohibited Prohibited Page 121 8-19 South Burlington Land Development Regulations Drive-through financial institutions Prohibited in T3 and T3+ Prohibited Equipment service, repair, and/or rental Prohibited Junk yard Prohibited Prohibited Prohibited Prohibited Lumber and/or contractor’s yard Prohibited Prohibited Prohibited Prohibited Manufacturing / assembly from previously prepared materials & components Prohibited Mobile home, RV and/or boat sales, repair & service Prohibited Motor freight terminal Prohibited Prohibited Prohibited Prohibited Service Stations Prohibited Transportation services Prohibited Prohibited Prohibited Prohibited Warehousing & distribution Prohibited Wholesale establishments Prohibited Bottle redemption centers Prohibited Outdoor storage in connection with any permitted use, except for dumpsters which must be reviewed for adequate screening during the development approval process Prohibited Uses that require regular (1 trip weekday or greater) trips using 24,000 lb. vehicles Prohibited in T3 and T3+ Prohibited ALL OTHER USES (1) Note: in the T5 District, ground-level residential uses are prohibited. For the purposes of this subsection, residential uses include dwelling units and any other form of permanent housing including but not limited to group homes, residential care homes, congregate care, assisted living, continuum of care facilities, group quarters, or hospices. C. Changes of Use. Changes of Use within the Form Based Code shall require site plan approval if: (1) Changes are proposed to the Site Plan; or, (2) Except within the T5 District, the change in use will result in an increase of 75 PM Peak Hour Vehicle Trips or 25% of the total PM Peak Hour Vehicle Trips for the subject property as defined within these regulations, whichever is greater. 8.10 Review Procedures A. Site Plans and other applications. See Article 14, Site Plan. B. Subdivisions. The applicable sections of Article 15 (set forth in Section 18.02) shall only apply to subdivision review. Planned Unit Developments are not permitted within the Transect Zones and City Center Form Based Code (FBC) District. Page 122 8-20 South Burlington Land Development Regulations C. Development Review Board Review Authority. Notwithstanding other Articles of these Regulations, any authority granted to the Development Review Board under this Article 8 shall remain with the Development Review Board and shall not be delegated to Administrative Review. Any authority granted to the Administrative Officer shall remain with the Administrative Officer except upon appeal of the Administrative Officer’s decision. 8.11 Nonconformities A. Purpose The purpose of this section is to establish regulations and limitations on the continued existence of uses and structures established prior to the effective date of this Code that do not conform to the provisions of this Code. Nonconformities may continue, but the provisions of this Section are designed to limit investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the regulations established in this Code. B. Nonconforming Uses (1) Authority to Continue. Nonconforming uses may be continued provided the conditions in this Section are met. (2) Repair and Alterations. Repair and alterations, including structural alterations, may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided the comply with the Code, including any limitations on any conforming structures. (3) Extensions/Expansions (a) A nonconforming shall not be extended, expanded, enlarged or increased in size, footprint or coverage. (b) No nonconforming use may be extended to displace a conforming use. (4) Change in Use. A nonconforming use only may be changed to a use allowed in this applicable Transect Zone. A nonconforming use may not be changed to another nonconforming use. A nonconforming use that is changed to a conforming use may not revert back to any nonconforming use. (a) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. (5) Abandonment. See Section 3.151(G) C. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building Page 123 8-21 South Burlington Land Development Regulations façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered in this total area of alterations calculation. For multi- tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Repair and replacement of non-conforming exterior finish materials. Normal repair of non-conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind replacement of vinyl exterior finish materials with new vinyl finish materials shall also be permitted. Replacement of any other type of exterior finish materials listed as prohibited in Section 8.07 shall not be permitted. (c) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. (3) Damage to Nonconforming Structures. See Section 3.151 (F) D. Extensions/Expansions (1) Any nonconforming structure with a gross floor area greater than 20,000 square feet may be altered, provided, however, that no enlargement, maintenance or alteration creates any additional nonconformity or increases the degree of the existing nonconformity of all or any part of such structure. See Figure 8-1. (2) Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet may be altered in a manner that increases the nonconformity by no more than the percentage of the existing gross square footage listed below in Table 8-4. See Figure 8-1 Table 8-4 Extensions / Expansions Structure Size <1,000 SF GFA 1,001 – 2,500 SF GFA 2,501 – 5,000 SF GFA 5,001 – 10,000 SF GFA 10,001 – 20,000 SF GFA Percent Permitted 75% 35% 30% 25% 10% Example: a 20,000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side by a maximum total of 2,000 sq. ft.) E. Relocation No nonconforming structure may be relocated in whole or in part to any other location on the same or any other lot unless the structure and its location conform to these Regulations. F. Open Space Page 124 8-22 South Burlington Land Development Regulations (1) Purpose: To create a fair and equitable transition from the prior requirements for a maximum lot coverage percentage to the new requirements for a minimum amount of Qualifying Open Space. (2) Where any of the following apply, the applicant shall be required to obtain approval from the Development Review Board or Administrative Officer for the identification of approvable open space prior to any Land Development: (a) A proposed addition to a non-conforming building exceeds 5,000 square feet GFA; (b) Lot coverage is proposed to increase by at least 1,000 square feet or 1% of the lot area, whichever is greater; or (c) A portion of a lot developed with one or more building is proposed to be subdivided,. (3) The identification shall be completed as follows: (a) The applicant shall identify, on a plan, Qualifiable Open Civic Space / Site Amenity area(s) for the lot, or in the case of a subdivision, lots, totaling no less than the minimum required percentage of Qualifying Civicopen Sspace / Site Amenity listed in Table 8-1 (Open Civic Space / Site Amenity Requirements), based on the existing uses and buildings on the lot(s); (b) At the time of identification and approval, the applicant shall not be required to enhance any Qualifiable open civic spaces / site amenities to meet any of the additional requirements of Appendix F or to locate any such Qualifying open civic space / site amenity on-site, except: (i) Where more than 50% of the Qualifiable Open Civic Space / Site Amenity consists of impervious areas, the amount of such impervious open civic space / site amenity that exceeds 50% shall be enhanced to full compliance with Appendix F and such Qualifying Open Civic Space / Site Amenity shall be located on-site as depicted on the plan; (c) Any new buildings or expansions of existing buildings shall be required to comply with all Open Civic Space / Site Amenity Requirements of Section 8.08 (Open Civic Space / Site Amenity Requirements); and, (d) An application to expand an existing building on a lot for which Qualifiable Open Civic Space / Site Amenity has been identified and approved may meet its minimum Qualifying open civic space / site amenity requirements in Table 8-1 by enhancing the minimum required amount of the identified Qualifiable Open Civic Space / Site Amenity to full compliance with Appendix FArticle 11.B and locating that Qualifying Open Civic Space / Site Amenity on-site as depicted on the plan. (4) The identification of approvable open Civic Space / Site Amenityspace shall be a one-time requirement. No further such approval shall be required unless the applicant requests a modification of areas identified and approved as Qualifiable Open Civic Space / Site Amenity. Page 125 8-23 South Burlington Land Development Regulations Figure 8-1 Nonconformity Build-to Requirements A. FRONT: ADDITION Any addition to the front must move toward build to zone. The addition does not have to meet the frontage buildout. A. FRONT: NEW BUILDING A new building must be placed in the build to zone until the frontage buildout has been met. B. REAR: ADDITION Rear additions are allowed because the extension does not increase the degree of the non-conformity. B. REAR: NEW BUILDING New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met. Permitted Not Permitted Permitted Permitted Page 126 8-23 South Burlington Land Development Regulations C. SIDE: ADDITION Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. C. SIDE: NEW BUILDING New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met. D. SIDE: ADDITION ( Large Building) Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. Not Permitted Page 127 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-24 South Burlington Land Development Regulations D. SIDE: ADDITION (Large Building) Add new connected street* and side additions are now allowed because the new street establishes a new Build-to-Zone. *New street shall be selected from the pre-determined FBC street types allowable in the site’s transect designation and shall conform to block standards (block lengths). E. Tiers Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing and frequency of doors) , FBC open civic space / site amenity standards and/or combination of the two. Surface parking is not conforming. Permitted Page 128 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-25 South Burlington Land Development Regulations Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or open space standards* * Large parcels: Parcels with street frontages greater than 300' may expand laterally the percentage of the build out at Tier 1 in the same lateral location of the conforming build out. Permitted Page 129 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -1 South Burlington Land Development Regulations 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)Detached single family dwelling (b)Two-family dwelling (c )Multi-family housing (d)Detached mixed-use storefront (e)Cottage (f)Accessory Structure (g)Carriage House See note 5 (h)Small-Lot Multi Family dwelling See note 5 (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Ceiling Height (a)First story (b)Upper Stories (4)Build-to Zone See T3 & T3+ Figures (a)Primary Build-to-Zone 5' Min., 20' Max.5' Min., 30' Max. (b)Secondary Build-to-Zone 5' Min., 30' Max.5'. Min., 45' Max. (c )Side Setback, Principal Structure 8' Min., No Max.8' Min., No Max. (d)Rear Setback, Principal Structure 20' Min., No Max.not applicable (e)Side Setback, Accessory Structure 8' Min., No Max.8' Min., No Max. (f)Rear Setback, Accessory Structure 8' Min., No Max.not applicable (g)Setback from rear of Principal Structure for any Accessory Structures 10' Min., No Max.No closer to street than Principal Structure (5)Frontage See T3 & T3+ Figures (a)Frontage Buildout None None (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min., No Max.No Min., No Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.No Min., No Max. (6)Entrances See Entrances Figure (a)Frequency of Public Entrances, non-residential first story use (b)Maximum distance between Public Entrances, non- residential first story use (c )Frequency of Operable Entrances, residential first story use Permitted Permitted 1 per unit Min. Not applicable 1 per unit Min., except as listed in Note 5 T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose built environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor elevations typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi- family, corner stores, and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are encouraged. Parking (not including on-street parking) shall be away from the primary street. T3 and T3+ BES Standard 1.5 Min.; 2.5 Max. (T3), 3.5 Max. (T3+) 1 Max. 12' Max. 10' Max. None 70' Min., 120' Max. [150' Max if Cottage Court] (see note 3) 75% Max. 4 Units per acre Min. Permitted Permitted Permitted Permitted Permitted Permitted Page 130 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -2 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (d)Maximum distance between Operable Entrances, residential first story use (e)Frequency of Public Entrances on first story for non- residential second story uses (f )Frequency of Public Entrances on first story for upper residential story use (7)Glazing See Glazing Figures (a)First Story Min. 30% of the length of the building, and Min. 3' in height Min. 15% of the length of the building, and Min 3' in height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories Min. 25% of the length of the building, and Min. 3' in height Min. 12.5% of the length of the building, and Min 3' in height (d)Upper Stories, percent of glazing required to be transparent 75% Min.75% Min. (8)Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36' (b)Single Span of Horizontal Facade Without a Break 24' Max.36' Max. (9)Garages (a) (b) (c ) (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (b)All homes in residential subdivision (unless in cottage court configuration) shall face street (c)Subdivisions will not be designed or laid out in a manner that will result in placing the rear of homes next to streets. (d)Primary facades of homes shall face the street (e)Variation in building façade encouraged and blank walls strongly discouraged (f)To the extent possible, the narrow face of the building should be oriented to the street (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length See Note 3 (c ) (2)Street Types See Article 11 (a)Neighborhood Street (b)Neighborhood Street Narrow (c )Neighborhood Street / Bike Boulevard (e)Support Street (f)Market Street not applicable 1 per upper story unit Min. 1 per 2 units (see notes 4 and 5) Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building Encouraged Encouraged Encouraged Required 4,000' Max. Notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a Principal Building shall be permitted. Permitted, Qualifies as a Street Required Garage doors facing an alley are permitted and highly encouraged Required 300' Min., 1,000' Max. Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least 8' in width that connects to another street. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Page 131 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -3 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (g)Lane (h)Alley (i)Path (j)Pedestrian Pass (k)All other streets (3)Curb Cuts (a)On Market Street (b)All other streets (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit See Note 4 (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (h) (F) Supplemental District Standards (1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply: (a) A buffer strip shall be required See Section 18.02(B) (G) Streetscape Standards (1)General Standards (a) (b) (c )Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (a) (3) (4)Public and Operable Entrances for Upper Story Units: (a) (b)For corner units, the balcony shall be required along the Primary Street (c )No units located entirely on the third story shall be permitted. (5) Permitted, Qualifies as a Street Prohibited Permitted Connection, Not a Street Permitted Connection, Not a Street New construction resulting in additional non-residential gross floor area or residential units shall meet T3 and T3+ Parking Standards New parking is allowed in the side yard Parking spaces may be leased from the city or a private landowner 70' Min. distance between curb cuts 3 Max. Permitted Connection, Not a Street 400' Min. distance between curb cuts Permitted on lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street and are less than 1/2 acre in area. A single such lot may contain either one carriage house or one small-lot multi-family dwelling Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards Residential: all parking shall be located to the side or rear of buildings Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Non-residential: all parking shall be on-site and located behind the Principal building All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. 50' Max. average As determined by DPW 1 Min. per 300' frontage All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio For a lot or property to be developed or improved, lot width requirements shall be met. Page 132 Carriage House Building Type Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 2 Building footprint Maximum 60% of footprint of principal structure Building area Maximum 60% of area of principal structure Building Placement Principal Building Principal building on lot must meet T3 Frontage requirements Build‐to‐zone Front facade must be at or behind the rear of the principal building Rear setback Per T3 standards of principal buildings Side setback Per T3 standards of principal buildings Parking location Per T3 standards Open Space Per T3 standards Other Per T3 standards Narrow‐Lot multi‐family building Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 6 Frontage buildout Minimum 50% A second building either attached to or detached from the primary house and commonly used for storage of vehicles and household items. The carriage house may also be used for up to two additional dwellings units. Multi‐family building on a narrow lot. Front of building has a strong street presence and building is oriented towards the street. Appearance of the building from the street is of a single‐family or small multi‐family building. Additional units may be side or rear‐accessed, up to maximum allowable. Page 133 Building Placement Build‐to‐zone Per T3 standards Rear setback Per T3 standards Side setback Per T3 standards Parking location Garages shall not face street except if blocked from view by building Open Space Per T3 standards Other Front porch A covered front porch of at least 10' in width and 7' in depth is required Front doors At least one operable entry shall face the street Other standards Per T3 Page 134 South Burlington Land Development Regulations Page 135 432.01 No zoning permit shall be required to erect, enlarge or alter a fence six feet high or less in a distric t. However th e follo wing shall apply A. Fences six feet in height or less shall not be required to meet setback requireme for the district w here located; however, the fence must be erected a minimum of thr feet from the property line, must be kept structurally sound, and the finish face of fence must face the exterior boundary. W ith a zoning permit and a joint applicat between abutt ing property owners, fences less than six feet in height or less may erected with no set back from the property line and the finish face of the fence m face any direction. B. No fences over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection C. No fences are allowed in any City Right-Of-Way 432.02 No zoning permit s hall be requir ed to erect, e nlarge or alter a wall four feet high or less in a district. Walls over four feet high shall require a zoning permit and site plan review by Development Revie w Board. However the following shall a pply A. Walls fo ur feet in heig ht or le ss sha ll not b e required to meet setback requirements the district where located; however, the wall must be erected a minimum of three f from the property line and must be kept structurally sound. W ith a zoning permit a a joint a pplication between abutting property owners, walls less than four feet in hei or less may be erecte d with no set back fr om the property line. B. Walls shall be designed and located so as to not adversely affect the existing draina pattern on any other property. C. No wall over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. D. No wall s are a llowed in any City Right-Of- Way 432.03 No zoning permit shall be required for hedges. However the following shall apply A. No hedge over three feet in height above street grade shall be permitted within triangle area formed by the intersection of two street right-of-ways and a third l jo ining them at points twenty -five fe et away from their intersection. B. No hedges are allowed in any City Right- Of-Way South Burlington Land Development Regulations Page 136 Lot Width- Refer to Section 8.12.B.1.a and b Side Setback- Refer to Section 8.12.C.4.c, e Side Setback- Refer to Section 8.12.C.4.c, e Primary Build to Zone- Refer to Section 8.12.C.4.a Garages- Refer to Section8.12.C.9.a ,b Side Setback (If Corner Lot)\Rear Setback (If Interior Lot): Accessory Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.f Side Setback (If Corner Lot)\Rear Setback (If Interior Lot): Principal Structure- Refer to Section 8.12.C.4.c, 8.12.C.4.d Qu a l i f y i n g S t r e e t T3 AND T3+ NEIGHBORHOOD RESIDENTIAL MIXED USE BUILDING ENVELOPE STANDARDS Primary Build to Zone- Refer to Section 8.12.C.4.a Primary Build to Zone- Refer to Section 8.12.C.4.a Secondary Build to Zone - Refer to Section 8.12.C.4.b Lot Width- Refer to Section 8.12.B.1.a, b Building Standards: Stories- Refer to Section 8.12.C.2.a,b Building Standards: Heights- Refer to Section 8.12.C.3.a,b Street Types - Refer to Article 11 South Burlington Land Development Regulations Page 137 T3 AND T3+ NEIGHBORHOOD RESIDENTIAL MIXED USE LOT FRONTAGE STANDARDS Building L ot Building Lot Building Standards: Frontage- Refer to Section 8.12.C.5.a-c Primary Build to Zone Secondary Build to Zone Q u a l i f y i n g S t r e e t South Burlington Land Development Regulations Page 138 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4‐1 8.13 T‐4 Urban Multi‐Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a) Lot size (b) Lot Width (2)Lot Occupation (a) Percentage of Lot Coverage (b) Units per acre (C) Building Standards (1) Building Types (a) All Types (2)Building Stories (a) Principal (b) Accessory (3)Floor‐to‐Floor Height (a) First story (b) Upper Stories (4)Build‐to‐Zone See T4 Figures (a) Primary Build‐to‐Zone 0' Min., 12' Max. 0' Min., 18' Max. See note 3 (b) Secondary Build‐to‐Zone 0' Min., 24' Max. 0'. Min., 36' Max. See note 3 (5)Frontage See T4 Figures (a) Frontage Buildout , Primary Streets 70% Min. 70% Min. (Note 1) See note 3 (b) Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) See note 3 (b) Percentage of Frontage Buildout within the Primary Build‐ to‐Zone 75% Min. 100% Max. See note 3 (c ) Percentage of Frontage Buildout within the Secondary Build‐to‐Zone 0% Min., 25% Max. 100% Max. See note 3 (6)Entrances See Entrances Figure (a) Average frequency of Public Entrances, non‐residential first story use 36' Max. 54' Max. See note 3 (b) Maximum distance between Public Entrances, non‐ residential first story use 46' Max. 72' Max. See note 3 (c ) Average Frequency of Operable Entrances, residential first story use 36' Max. 54' Max. See note 3 (d) Maximum distance between Operable Entrances, residential first story use 46' Max. 72' Max. See note 3 (7)Glazing See Glazing Figure (a) First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height for non‐ residential and 6' in height with min. window head height of 7.5' for residential Min. 20% of the Width of the Building, and Min 7.5' in Height for non‐ residential and 6' in height with min. head height of 7.5' for residential (b) First Story, percent of glazing required to be transparent 75% Min.75% Min. (c ) Upper Stories None 14' Max See Note 2 T4 BES Standard Generally a multi‐use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T‐4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on‐street parking) shall be away (or hidden) from the street. None None None Permitted 2 Min., 5 Max. 1 Max. 24' Max. South Burlington Land Development Regulations Page 139 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4‐2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (d) Ground story residential privacy (8) Building Breaks See Bldg Breaks Figure (a) Building Horizontal Façade Min. 3 every 80' Min. 3 every 80' (b) Single Span of Horizontal Facade Without a Break 48' Max. 48' Max. (9)Supplemental Building Standards (a) Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a) Perimeter See note 3 (b) Length See note 3 (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit (2) Location & Screening (a) (b) (c ) (d) (e ) (f) (3) Off‐Site Parking (F) Supplemental District Standards (1)Where a T‐4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) (b) (c ) (d) Permitted, Qualifies as a Street (a) Off‐site parking within 600’ may be used to meet parking requirements for Residential uses. 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street 100' Min. distance between curb cuts Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Parking under structures is encouraged New construction resulting in additional non‐residential gross floor area or residential units shall meet T‐4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height No building located within one hundred and fifty feet (150') from the R4 or R7 District boundary shall exceed four (4) stories in height. Permitted, Qualifies as a Street 300' Min., 700' Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Encouraged Ground story facades facing a street or public park shall be designed to provide privacy to the interior of the units through either establishing a window sill height of at least 36" above the adjacent sidewalk or a combination of landscaping and hardscaping to create the same effect. 2 spaces Max. Permitted, Qualifies as a Street 2,800' Max. (b) Off‐site parking within 1200’ may be used to meet parking requirements for non‐Residential uses. Parking shall only be permitted in compliance with applicable BES standards for building frontage Permitted, Qualifies as a Street Permitted Connection, Not a Street Prohibited The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty‐four feet (24’) from the rear building line. South Burlington Land Development Regulations Page 140 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4‐3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (e) (f ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) (5) (G) Streetscape Standards (1)General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b) Bicycle Parking (c )Street Tree Spacing, on center Notes (1) (2) Upper Story Glazing Shall comply with the following standards: (e) A minimum of 85% of all required glazing shall be transparent (3) All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Small Single Story Principal Buildings. New small single‐story principal buildings shall be permitted subject to the following requirements: Non‐hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Standard does not apply to a building façade abutting an Intertstate or Interstate ramp (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. Large Single Story Principal Buildings. New large single‐story principal buildings shall be permitted subject to the following requirements: Gateway Area. Within a Gateway Area, corners of buildings located at street intersections shall include one or more significant architctural features, such as but not limited to, vertical projections, changes in materials, top‐story open spaces, and/or first‐floor prominent features. (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Along Secondary Streets, parking structures within the build‐to‐zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. Permitted May be used to meet short‐term requirements of 13.14 50' Max. average (a) Upper story glazing shall be a minimum of 30% of the façade area below the roofline on the primary building facade and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single‐story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single‐story building approved under this subsection; Upper Story setbacks. Except where located within a Gateway Area, all stories not categorized as a rooftop structure in Section 8.06 above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, South Burlington Land Development Regulations Page 141 Street Types - Refer to Article 11 T4 URBAN MULTI USE BUILDING ENVELOPE STANDARDS Primary Building Facade: Primary Build to Zone - Refer to Section 8.13.C.4.a Secondary Building Facade: Primary Build to Zone - Refer to Section 8.13.C.4.a Secondary Building Facade: Secondary Build to Zone - Refer to Section 8.13.C.4.b Primary Building Facade: Secondary Build to Zone - Refer to Section 8.13.C.4.b Building Lot Building Lot Glazing, Building Break and Entrance Standards-see separate drawings Qualif y i n g S t r e e t South Burlington Land Development Regulations Page 142 T4 URBAN MULTI USE LOT FRONTAGE STANDARDS Building LotBuilding LotBuilding LotBuilding LotBuilding Standards: Primary Facade Frontage- Refer to Section 8.13.C.5.a-c Building Standards: Secondary Facade Frontage- Refer to Section 8.13.C.5.a-c Primary Facade: Primary Build to Zone Secondary Facade: Primary Build to Zone Primary Facade: Secondary Build to Zone Secondary Facade: Secondary Build to Zone Qu a l i f y i n g S t r e e t South Burlington Land Development Regulations Page 143 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-1 South Burlington Land Development Regulations 8.14 T-5 Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T5 Figures (a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T5 Figures (a)Frontage Buildout 85% Min.85% Min. (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.50% Min. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.50% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max. (c )Average Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use (7)Glazing See Glazing Figure (a)First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (8)Building Breaks See Note 3 & Bldg Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' 1 Max. Permitted 2 Min., 6 Max. 14' Min., 20' Max. 10' Min., 14' Max. not applicable not applicable See Note 2 Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown, multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None T5 BES Standard Page 144 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-2 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' Max. Recommend every 24- 48 feet; 60' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street and Connection types See Article 11 (a)Destination Street (b)Support Street (c )Neighborhood Street Narrow (d)Market Street & Garden Street (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street (b) On Garden Street (c)All other streets (E ) Parking Standards (1)Parking Requirements (a)Per Residential Unit (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Upper Story setbacks (a) (b) (G) Streetscape Standards (1)General Standards (a) (b) All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Permitted, Qualifies as a Street 1,600' Max. (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. Prohibited Prohibited Prohibited 100' Min. distance between curb cuts 2 spaces Max. Encouraged All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. New construction resulting in additional non-residential gross floor area or residential units shall meet T-5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner 400' Max. Page 145 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-3 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Parking (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Permitted May be used to meet short-term requirements of 13.14 30' Max. average If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout in the BES shall be reduced by 50% on the street containing the secondary building facade. (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Page 146 Secondary Building Facade: Primary Build to Zone- Refer to Section 8.14.C.4.a T5 CITY CENTER BUILDING ENVELOPE STANDARDS Primary Building Facade: Primary Build to Zone - Refer to Section 8.14.C.4.a Secondary Building Facade: Secondary Build to Zone - Refer to Section 8.14.C.4.b Primary Building Facade: Secondary Build to Zone - Refer to Section 8.14.C.4.b Building Lot Building Lot Building Standards: 6th Story Setback - Refer to Section 8.14.F.1.b Building Standards: Upper Stories Setback - Refer to Section 8.14.F.1.a Street Types - Refer to Article 11 Glazing, Building Break and Entrance Standards-see separate drawings Qualify i n g S t r e e t South Burlington Land Development Regulations Page 147 T5 CITY CENTER LOT FRONTAGE STANDARDS Building L ot Building L ot Building L ot Building L ot Building LotBuilding Standards: Primary Facade Frontage- Refer to Section 8.14.C.5.a-c Building Standards: Secondary Facade Frontage- Refer to Section 8.14.C.5.a-c Primary Facade: Primary Build to Zone Secondary Facade: Primary Build to Zone Primary Facade: Secondary Build to Zone Secondary Facade: Secondary Build to Zone Q u a l i f y i n g S t r e e t South Burlington Land Development Regulations Page 148 ENTRANCE STANDARDS Residential Entrances T4: - Refer to Article 8.13.C.6.c,d Public Entrances T4 and T5: - Refer to Article 8.13.C.6.a, Article 8.14.C.6.a Public Entrances T4 and T5: - Refer to Article 8.13.C.6.b, Article 8.14.C.6.b Building Heights T4 and T5: - Refer to Article 8.13.C.3.b, Article 8.14.C.3.b Building Stories T4 and T5: - Refer to Article 8.13.C.3.a, Article 8.14.C.3.a South Burlington Land Development Regulations Page 149 GLAZING STANDARDS BUILDING BREAKS Glazing T4 and T5: - Refer to Article 8.13. NOTES.2.a-e, Article 8.14.NOTES.2.a-e Building Horizontal FacadeT3, T4 and T5: - Refer to Article 8.12.C.8.a, Article 8.13.C.8.a, Article 8.14.C.8.a Material Change Vertical Plane Shift Horizontal Plane Shift Single Span Horizontal FacadeT3, T4 and T5: Refer to Article 8.12.C.8.b, Article 8.13.C.8.b, Article 8.14.C.8.b Rooftop Requirements: - Refer to Article 8.06.G.1-2 Glazing T4 and T5: - Refer to Article 8.13.C.7.a, Article 8.14.C.7.a South Burlington Land Development Regulations Page 150 ARTICLE 8 TRANSECT ZONE STREET TYPOLOGIES South Burlington Land Development Regulations 8.15 City Center FBC Master Plan Review and Approval [Reserved] 8.16– 8.18 [Reserved] Page 151 ARTICLE 9 SOUTHEAST QUADRANT 9-1 South Burlington Land Development Regulations 9 SOUTHEAST QUADRANT -– SEQ 9.01 Purpose 9.02 Comprehensive Plan 9.03 Uses 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map 9.05 Transfer of Development Rights; Sending & Receiving Areas Residential Density 9.06 Dimensional and Design Requirements Applicable to All Sub-Districts [reserved] 9.07 Regulating Plans [reserved] 9.08 SEQ-NRT SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards 9.09 SEQ-VR Sub-District; Specific Standards [reserved] 9.10 SEQ-VC Sub-District; Specific Regulations 9.11 Supplemental Standards for Arterial and Collector Streets [reserved] 9.12 SEQ-NRP; Supplemental Regulations 9.13 SEQ Review and Approval Process 9.01 Purpose A Southeast Quadrant (SEQ) District is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well-planned residential use in the approximately 3,200-acre area of the City shown on the Official Zoning Map as the Southeast Quadrant. The natural features, visual character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The design and layout of buildings and lots in a manner that in the judgment of the Development Review Board willare intended to best create pedestrian-oriented neighborhoods and awhile supporting the continued functions of natural resources related network of open spaces consistent with the Comprehensive Plan for the Southeast Quadrant shall be encouraged. Any uses not expressly permitted are hereby prohibited, except those which are allowed as conditional uses. 9.02 Comprehensive Plan These regulations hereby implement the relevant provisions of the City of South Burlington Comprehensive Plan, and any adopted amendments to such plan, and are in accord with the policies set forth therein. In the event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan, the Southeast Quadrant chapter shall control. 9.03 Uses In the SEQ District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses except as modified by an approved PUD type. Page 152 ARTICLE 9 SOUTHEAST QUADRANT 9-2 South Burlington Land Development Regulations 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map A. The SEQ District is divided into six sub-districts: (1) SEQ-NRP SEQ – Natural Resource Protection (2) SEQ-NRT SEQ – Neighborhood Residential Transition (3) SEQ-NR SEQ – Neighborhood Residential (4) SEQ-NRN SEQ – Neighborhood Residential North (5) SEQ-VR SEQ – Village Residential (6) SEQ-VC SEQ – Village Commercial B. These sub-districts are shown on the Official Zoning Mapmap entitled Southeast Quadrant Zoning Map, incorporated into this bylaw. C. Interpretation of Sub-District Boundaries. In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the Southeast QuadrantOfficial Zoning Map, the affected property owner may submit a written request that the Planning Commission define the location of the boundary with respect to the subject property. The Planning Commission shall consider such request at a meeting of the Planning Commission held within 60 days of receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for persons, including municipal staff, officials, and consultants, to present information relevant to the determination of the boundary location. The Planning Commission has the authority to invoke technical review of any such submittals or to gain additional information. Within 30 days following such meeting, or any continuation thereof, the Planning Commission shall determine the boundary location, giving consideration to the original intent or purpose in designating such sub-district, as expressed in the Southeast Quadrant chapter of the Comprehensive Plan. 9.05 Transfer of Development Rights; Sending & Receiving Areas A. Authorization and Purpose: All land within the SEQ District is provided with an Assigned Density, which limits the total number of dwelling units originating in the SEQ District The planned maximum residential build-out in the SEQ District has long been limited toto approximately 3,800 dwelling units less any areas identified as Hazards under these Regulations. , plus an allowance for affordable housing density bonuses. The Transfer of Development Rights is hereby authorized in order to encourage the conservation of open space, natural resources, scenic views and agricultural uses, to promote well-planned residential development in clusters within the SEQ District, and to encourage the concentration of development towards priority areas within the City. In order to maintain this limitation on the overall development of the SEQ District and to encourage both well-planned residential development in clusters and the preservation or protection of open space, natural resources, scenic views and agricultural uses, the Transfer of Development Rights is hereby authorized within the SEQ District. To allow for the redistribution of development to priority development areas outside the SEQ District, the Transfer of Development Rights to land within the Urban Design Overlay District is also authorized as enumerated in this Section. Page 153 ARTICLE 9 SOUTHEAST QUADRANT 9-3 South Burlington Land Development Regulations A. Sending and Receiving Areas. TDRs are transferred and severed from lands within designated sending areas and transferred to and used on lands within designated receiving areas. (1) Sending Areas. Lands within the following areas are designated as Sending Areas: (a) Lands within the SEQ-NRP and SEQ-NRT sub-districts. (2) Receiving Areas. Lands within the following areas are designated as Receiving Areas: (a) Lands within the SEQ-NR, SEQ-NRT, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts; (b) Parcels with land underlying the Urban Design Overlay District. (c) As authorized via Planned Unit Development in accordance with Article 15.C B. Assigned Density: For the purposes of the Transfer of Development Rights, all land in the SEQ District is provided an Assigned Density of based on the maximum residential build-out of the SEQ District. The maximum assigned density of a parcel shall be one point two (1.2) dwelling units and/or lots per gross acre, less any areas identified as Hazards under these Regulations. (1) SEQ-VC: Lots in the SEQ-VC sub-district that were in existence as of the effective date of this Article and that are two acres or less in size shall be allowed an assigned residential density of four (4) dwelling units to the acre. C. Allowable Density for Development that does not Include a Transfer of Development Rights: If an PUD application does not use Transferrable Development Rights, the number of dwelling units that may be developed, or the number of single family house lots that may be created, on the parcel in the PUD shall not exceed a an average density and a maximum number of units per structure as follows: (1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply. (2) In the SEQ-NRT, SEQ-NR, SEQ-NRN and SEQ-VR sub-districts: One point two (1.2) dwelling units to the acre and four (4) dwelling units per structure. (3) In the SEQ-VC Subdistrict: (a) For lots that were in existence as of the effective date of this Article and that are two acres or less in size: four (4) dwelling units per acre (b) For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units per structure. D. Allowable Density for Development that Includes a Transfer of Development Rights (1) Except as provided for in a Planned Unit Development in accordance with Article 15.C, iIf a zoning permit or subdivision application PUD in the Southeast Quadrant Zoning District uses Transferrable Development Rights, the number of dwelling units that may be located on, or the number of single-family house lots that may be created within, a contiguous development parcel subject to a single application or subdivision PUD or Master Plan approval shall be increased to a maximum average gross density as follows: (a) In the SEQ-NRT, SEQ-NRN, and SEQ-NR sub-districts: One-point-eight (1.8) Four (4) dwelling units to the acre and four (4) dwelling units per structure. (b) In the SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre and four (4) dwelling units per structure. Page 154 ARTICLE 9 SOUTHEAST QUADRANT 9-4 South Burlington Land Development Regulations (b) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6) dwelling units per structure. Such average densities may be achieved only as part of a Planned Unit Development application. Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater number of dwelling units than those permitted in these Regulations, such approved number of units in a structure shall remain in effect. (2) A Planned Unit Development submitted and approved under Article 15.C of these Regulations are subject to the density requirements therein and are eligible to use Transferable Development Rights as enumerated therein. (32) If a site plan or PUD outside the Southeast Quadrant Zoning District uses Transferrable Development Rights, the maximum development density that may be located on a development parcel subject to a site plan or PUD approval shall be increased as follows: (a) In the Urban Design Overlay District, lot coverage indicated in Section 10.056 of these Regulations. E. Development Rights Necessary to Obtain Density Increase (1) To obtain the increased residential density allowable in a receiving area in the SEQ District, transferrable development rights must be acquired from 0.83 acres of land in a sending area for each additional dwelling unit (excluding accessory dwelling units) approved for development on the receiving parcel beyond the maximum average density that would be allowable on the receiving parcel if the PUD application did not use transferrable development rights. (2) To obtain the increased density allowable for a lot coverage increase in a receiving area outside of the SEQ District, transferrable development rights must be acquired as set forth on Table 9-0. Table 9-0: Density Rights Required to Obtain Lot Coverage Increase Additional Lot Coverage Approved for Receiving Parcel beyond the Maximum Lot Coverage Allowed on the Receiving Parcel is Site Plan or PUD did not use TDRs TDRs required from land in sending areas Up to 10,000 SF 0.83 acres 10,001 SF – 20,000 SF 1.67 acres 20,001 SF – 30,000 SF 2.50 acres Each additional increment of 10,000 SF 0.83 acres F. Allowances for Affordable Housing Density Increase. (1) Affordable housing bonuses pursuant to Section 18.02 are allowed in the SEQ-NR, SEQ-NRN, SEQ- NRT, SEQ-VR, and SEQ-VC sub-districts. If affordable housing, as defined in Article 2 and regulated in Article 18 of these Regulations, is proposed as part of an application for development, the Development Review Board may grant a density increase in any of the eligible SEQ sub-districts according to the requirements of Section 18.02. (2) Calculation of the allowed density increase (i.e. 25% or 50% per Section 18.02) shall be based on the maximum allowable overall density of the project as a whole, including non-contiguous sending Page 155 ARTICLE 9 SOUTHEAST QUADRANT 9-5 South Burlington Land Development Regulations parcels where applicable. If a development plan is approved by the Development Review Board, the applicable average density may be increased on the development parcel sufficient to accommodate the affordable housing units. (3)(1) In the SEQ-VR and SEQ-VC sub-districts, the Development Review Board may allow residential structures containing one or more affordable dwelling units to have two additional dwelling units, up to a maximum of eight (8) dwelling units per structure. This provision shall not be interpreted to allow an increase in the total allowable number of units for the project as a whole. (4)(2) Inclusionary dwelling units and Residential Offset Units approved pursuant to When an affordable housing density increase is granted in accordance with this Section and Section 18.021, the designated affordable dwelling units shall not constitute units for the purposes of calculation of Transferable Development Rights. 9.06 Dimensional and Design Requirements Applicable to All Sub-Districts The following standards shall apply to development and improvements within the entire Southeast Quadrant Zoning District. A. Height. See Article 3.07. (1) Heights of structures within the SEQ-NRN sub-district shall adhere to the standards of the SEQ- NR sub-district except where limited by the requirements in Section 9.08.(C)(8). B. Open Space and Resource Protection. (1) Open space areas on the site shall be located in such a way as to maximize opportunities for creating usable, contiguous open spaces between adjoining parcels, creating or enhancing stream buffer areas, or creating or enhancing buffers for primary or secondary natural communities. (2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable sub-district, allowing carefully planned development at the average densities provided in this bylaw. (3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. Such plan shall describe the intended use and maintenance of each area. Continuance of agricultural uses or enhancement of wildlife habitat values in such plans for use and maintenance is encouraged. Existing natural resources on each site shall be protected through the development plan, including (but not limited to) primary natural communities, streams, wetlands, floodplains, conservation areas shown in the Comprehensive Plan, and special natural and/or geologic features such as mature forests, headwaters areas, and prominent ridges. In making this finding the Development Review Board shall use the provisions of Article 12 of this bylaw related to wetlands and stream buffers. (4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. (5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the Page 156 ARTICLE 9 SOUTHEAST QUADRANT 9-6 South Burlington Land Development Regulations surrounding landscape. The use of split rail or other fencing made of natural materials is encouraged. Chain link fencing shall be prohibited except: (a) fencing for agricultural purposes, and (b) fencing for recreational purposes, such as baseball diamonds, tennis courts, basketball courts, dog parks, or similar activities. Any chain link fencing installed for these purposes shall be plastic coated in either dark green or black. In all cases, proposed fences shall comply with this section and section 13.17 (Fences) of these Regulations C. Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community-supported agriculture. Provisions that enhance overall neighborhood and natural resource values rather than preservation of specific soil types are strongly encouraged. D. Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. (1) Sufficient water supply and wastewater disposal capacity shall be available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. (2) Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (3) Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. (4) The plan shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. E. Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on of adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. . In making this finding the Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. (1) Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. (2) Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. Page 157 ARTICLE 9 SOUTHEAST QUADRANT 9-7 South Burlington Land Development Regulations (3) The provisions of Section 15.12(D)(4) related to connections between adjacent streets and neighborhoods shall apply. 9.07 Regulating Plans A. Description and Regulatory Effect. The regulatory text of this Article is supplemented with illustrations, officially known as the Regulating Plan, illustrating the dimensional and design concepts. The Regulating Plan contains basic land planning and neighborhood design criteria that are intended to foster attractive and walkable neighborhood development patterns. Design criteria and guidelines set forth below are intended to address basic neighborhood design relationships related to scale, connectivity, and overall orientation that promote pedestrian friendly development as follows in Section 9.07(C). The Regulating Plan is an illustrative guide; it does not have the same force of regulation as does the text in this bylaw. However, the Development Review Board will refer to both the Regulating Plan and the text of this section in its project reviews. B. General Provisions (1) The Regulating Plan shall apply to new development within the SEQ-NRT, SEQ-NR, SEQ-NRN, SEQ- VR and SEQ-VC sub-districts. (2) All residential lots created on or after the effective date of this bylaw in any SEQ sub-district shall conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5 recommended. (3) For lots and/or structures with approvals prior to the effective date of this bylaw, the Regulating Plan shall not supersede such approvals, Table C-1, Permitted and Conditional Uses, or Table C-2, Dimensional Standards. C. Street, Block and Lot Patterns (1) Overall Criteria: Development criteria within the Street, Block and Lot Pattern section are intended to provide pedestrian-scaled development patterns and an interconnected system of streets that allow direct and efficient walking and bicycling trips, and decrease circuitous vehicular trips. (2) Street Design: The intention of street design criteria is to provide a system of attractive, pedestrian-oriented streets that encourage slower speeds, maximize connections between and within neighborhoods, and contribute to neighborhood livability. (3) Building Design: The intention of the building design guidelines is to ensure that new housing and commercial development reinforce a pedestrian-friendly environment, while allowing creativity in design. D. Parks Design and Development. (1) General standards. The SEQ has an existing large community park, the Dorset Street Park Complex. Parks in the SEQ may be programmed as neighborhood parks or mini-parks as defined in the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with programming approved by the South Burlington Recreation Department. Such parks are to be located through the neighborhoods in order to provide a car-free destination for children and adults alike, and to enhance each neighborhood’s quality of life. They shall be knitted into the neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater surveillance by surrounding homes, local streets and visitors. Each park should be accessible by vehicle, foot, and bicycle and there should be a park within a quarter-mile of every home. (2) Specific Standards. The following park development guidelines are applicable in the SEQ-NRT, SEQ-NR, SEQ-NRN, SEQ-VR, and SEQ-VC sub-districts: Page 158 ARTICLE 9 SOUTHEAST QUADRANT 9-8 South Burlington Land Development Regulations (a) Distribution and Amount of Parks: (i) A range of parks and open space should be distributed through the SEQ to meet a variety of needs including children’s play, passive enjoyment of the outdoors, and active recreation. (ii) Parks should serve as the focus for neighborhoods and be located at the heart of residential areas, served by public streets and fronted by development. (iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000 population per the South Burlington Capital Budget and Program. (iv) A neighborhood or mini park of 10,000 square feet or more should be provided within a one-quarter mile walk of every home not so served by an existing City park or other publicly- owned developed recreation area. (b) Dedication of Parks and Open Space: Parks and protected open space must be approved by City Council for public ownership or management, or maintained permanently by a homeowners’ association in a form acceptable to the City Attorney. (c) Design Guidelines (i) Parks should be fronted by homes and/or retail development in order to make them sociable, safe and attractive places. (ii) Parks should be located along prominent pedestrian and bicycle connections. (iii) To the extent feasible, single-loaded roads should be utilized adjacent to natural open spaces to define a clear transition between the private and public realm, and to reinforce dedicated open space as a natural resource and not extended yard areas. Figure 9-1: Conceptual Distribution of Parks within 1/4 Mile of Homes. Page 159 ARTICLE 9 SOUTHEAST QUADRANT 9-9 South Burlington Land Development Regulations 9.08 SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards The SEQ-NR, SEQ-NRN, and SEQ-NRT sub-districts have additional dimensional and design requirements, as enumerated in this Section. A. Street, block and lot pattern. (1) Development blocks. Development block lengths should range between 300 and 500 linear feet. If it is unavoidable, blocks 500 feet or longer must include mid-block public sidewalk or recreation path connections. Page 160 ARTICLE 9 SOUTHEAST QUADRANT 9-10 South Burlington Land Development Regulations Figure 9-2: Typical SEQ-NR, SEQ-NRN, and SEQ-NRT Block Size and Lot Proportion (2) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 500 feet. (b) Dead end streets (e.g. cul de sac or hammer-head) that are not constructed to an adjacent parcel to allow for a future connection are strongly discouraged. Such dead end streets shall not exceed 200 feet in length. ( 3) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. Figure 9-3: Interconnected Street Pattern with Future Street Connections to Adjoining Property. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) are intended to be low-speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 below. Page 161 ARTICLE 9 SOUTHEAST QUADRANT 9-11 South Burlington Land Development Regulations (2) Sidewalks. (a) Sidewalks must be a minimum of five feet in width with an additional minimum five-foot planting strip (greenspace) separating the sidewalk from the street. (b) Sidewalks are required on one side of the street. (3) Street Trees (a) Street trees are required along all streets in a planting strip a minimum of five feet wide. (b) Street tree types shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30’) on center. (4) On-street parking. Sufficient space for one lane of on-street parking shall be provided on all streets except for arterials outside of the SEQ-VC and SEQ-VR sub-districts. This requirement may be waived within the SEQ-NRN sub-district provided the DRB finds sufficient off-street parking has been provided to accommodate the parking needs of the uses adjacent to the street. (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic. (6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot-spots) and light trespass minimized to the lowest level consistent with public safety. Page 162 ARTICLE 9 SOUTHEAST QUADRANT 9-12 South Burlington Land Development Regulations Figure 9-4: Pavement Dimensions: Collector Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR Table 9-1: Street Design Criteria for Collector Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR Design Speed 25 mph Pavement width (parking one side) 28’ at wetland crossings 20’ Minimum radius of curves 260’ Minimum tangent length between curves 50’ Minimum vertical sight distance 150’ Minimum horizontal sight distance 275’ Page 163 ARTICLE 9 SOUTHEAST QUADRANT 9-13 South Burlington Land Development Regulations Figure 9-5: Pavement Dimensions: Local Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR Table 9-2: Street Design Criteria for Local Streets, SEQ-NRT, SEQ-NRN, and SEQ-NR Page 164 ARTICLE 9 SOUTHEAST QUADRANT 9-14 South Burlington Land Development Regulations Design Speed 25 mph Pavement width (parking one side) 26’ With no parking 24’ With no parking, SEQ-NRN 20’ at wetland crossings 18’ Minimum radius of curves (1) 200’ Minimum tangent length between curves 50’ Minimum distance between centerline offsets 150’ Minimum vertical sight distance 150’ Minimum horizontal sight distance 275’ (1) In the SEQ-NRN sub-district, the minimum curve radius shall be determined based on recommendation of the Fire Department and Department of Public Works Figure 9-6: Conceptual Intersection Design C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi-family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11). A minimum of thirty-five percent (35%) of translucent windows and surfaces should be oriented to the south. In the SEQ-NRN sub-district, residential buildings should orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of the regulating plan. (2) Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private space and are oriented to the street are encouraged. In the SEQ-NRN sub-district, residential buildings Page 165 ARTICLE 9 SOUTHEAST QUADRANT 9-15 South Burlington Land Development Regulations with rear facades that orient towards a public recreation path should employ rear porches, balconies, or other features to enhance their architectural detail. (3) Front Building Setbacks. A close relationship between the building and the street is critical to the ambiance of the street environment. (a) Buildings should be set back a maximum of twenty-five feet (25’) from the back of sidewalk. (b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks. (4) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot line, the facade of the garage that includes the vehicle entrance must be set back a minimum of eight feet (8’) behind the building line of the single or two-family dwelling. (a) For the purposes of this subsection: (i) The building width of a single or two-family dwelling, not including the garage, shall be no less than twelve feet (12’), except for a duplex with side-by-side primary entries, in which case the building width of each dwelling unit in the duplex, not including a garage, shall be no less than eight feet (8’) (ii) The portion of the single or two-family dwelling that is nearest the front lot line may be a covered, usable porch, so long as the porch is no less than eight feet (8’) wide. (b) The DRB may waive this provision for garages with vehicle entries facing a side lot line, provided that (i) the garage is visually integrated into the single or two-family dwelling; and (ii) the façade of the garage that is oriented to the street is no more than eight feet (8’) in front of the façade of the house that is oriented to the street. (c) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses. Figure 9-7: Residential Garage Placement Options (d) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical units. Page 166 ARTICLE 9 SOUTHEAST QUADRANT 9-16 South Burlington Land Development Regulations (i) Mix of Housing Styles, SEQ-NRN sub-district. A minimum of at least three (3) housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and/or affordability is required within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical housing styles. Where housing styles are repeated, different colors and/or materials shall be employed to enhance variety. AD. Landscape and Fence Buffer Standards, SEQ-NRN sub-district (1) Applicability and submission requirements. This section provides standards for the landscaping of development within the SEQ-NRN sub-district. A landscape plan shall be included as part of any preliminary and/or final plat application. (2) Existing Vegetation (a) Existing vegetation that can effectively serve as landscape buffer to potentially incompatible uses and/or are significant, heathy trees shall be retained to the maximum extent possible, while accommodating the permitted level of development. (b) Landscaped Buffers (i) Location - Table 9-2A establishes the required locations and lengths of landscaped buffers. It also summarizes the principal standards for the design of those buffers, which are set forth in detail below. These buffers are alternatives, not cumulative. (ii) Width – Table 9-2A establishes a minimum width for landscaped buffers of different types in different situations to be located between a property line that is adjacent to an identified “Adjoining Use” and the nearest principal structures. (3) Landscape Buffer Types (a) Type 0 – Low Height Vegetation. A Type 0 landscaping typically includes grass or meadow area with foundation screening at the buildings. This type of buffer is intended to provide separation between new buildings and the existing land uses. (b) Type I - Dense Plantings. A Type I landscaped buffer must be composed primarily of continuous dense screening vegetation / hedge that will be at least five (5) feet in width and grow to at least six (6) feet in height. (c) Type II – Informal Plantings. A Type II landscaped buffer must be composed of a split rail fence (or equivalent approved by the DRB), major trees, a partial understory of small trees, and a berm with a mixture of shrub type plantings. The minimum amount of planting per 100 horizontal feet of buffer shall be a full ground cover, two trees of at least 3” caliper, three ornamental or understory trees of at least 2” caliper, and any combination of shrubbery that occupies at least 50% of the area at the time of planting, all of which shall be distributed throughout the minimum buffer width described in Table 9-2A. With approval of the City Council, up to 10 feet of the green space between a recreation path and a property line may be used to enable the installation of the split rail fence and a portion of a berm. Page 167 ARTICLE 9 SOUTHEAST QUADRANT 9-17 South Burlington Land Development Regulations (4) Use of Berms. Earthen Berms. An earthen berm may be required to increase the effectiveness of a landscaped buffer. The landscaping plan shall show the contours of the proposed berm and one or more cross-sections detailing its construction. The required buffer width may be reduced by the height of the berm, up to a number of feet that shall not exceed 25% of the required width, as provided in Table 9-2A. (a) Berms shall not exceed six feet (6’) in height. (b) No berm shall have a slope greater than 3:1, except where a retaining wall is used in accordance with these Regulations. (5) Delineation Fences. Any development proposed adjacent to a City park shall include a fence delineating the separation of property lines, as depicted on Figure 9-2A. Such fence shall be of a split-rail or similar variety. (6) Permissible impervious surfaces in landscaped buffers. (a) Crossings. Landscaped buffers may be crossed by driveways, roads, sidewalks, trails, and utility lines, including necessary risers and boxes, serving the development. The width of these crossings should be minimized. (b) Light Standards. The bases of standards for approved outdoor lighting may be placed in a landscaped buffer. (c) Miscellaneous. Landscaped buffers may include retaining walls, planters, minor impervious surfaces that are part of runoff and erosion control works; and sculptures or other works of art. (7) Supplemental setback standards, SEQ-NRN sub-district. In addition to the standards set forth in Table C-2, Dimensional Standards and this section, the requirements of Table 9-2A shall apply. Table 9-2A Supplemental landscape buffer and setback requirements, SEQ-NRN sub-district Adjoining Use Minimum Buffer Widths Minimum setback (5) Type 0 Type I (5) Type II High Use Rec Path (1) n/a n/a 30' 50' Lower Use Rec Path (2) 70' n/a 27' 30' Resource Protection Area (3) 40' 5' 27' 35' % Reduction for Use of Berm (4) 25% n/a 25% n/a' (1) The section of recreation path running along the west side of the SEQ-NRN sub-district, as shown on Figure 9-2A. (2) The section of recreation path running along the south and east sides of the SEQ-NRN sub-district, as shown on Figure 9-2A. (3) The area located at the north boundary line of the SEQ-NRN sub-district, as shown on Figure 9-2A (4) Plantings are to be placed on top of berm for added vertical screening effect. Reduction not applicable to High Use Recreation Path. (5) Setbacks apply to all principal structures. Page 168 ARTICLE 9 SOUTHEAST QUADRANT 9-18 South Burlington Land Development Regulations (8) Supplemental Height Standards, SEQ-NRN sub-district. In addition to the standards set forth in Table C-2, Dimensional Standards, residential structures shall be limited to a maximum of one (1) total story within the areas marked as “1-Story Building Area” on Figure 9-2A. Figure 9-2A: SEQ-NRN Buffer and Height Standards Page 169 ARTICLE 9 SOUTHEAST QUADRANT 9-19 South Burlington Land Development Regulations 9.09 SEQ-VR Sub-District; Specific Standards The SEQ-VR sub-district has additional dimensional and design requirements, as enumerated in this Section. A. Street, Block and Lot Pattern (1) Development blocks. Development block lengths should range between 300 and 400 linear feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 400 feet or longer must include mid-block public sidewalk or recreation path connections. (2) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 500 feet. (b) Dead end streets (e.g. cul de sac or hammer-head) that are not constructed to an adjacent parcel to allow for a future connection are strongly discouraged. Such dead end streets shall not exceed 200 feet in length. (3) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the VR sub- district are intended to be low-speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-3 and 9-4, and Figures 9-8 and 9-9 below. (2) Sidewalks (a) Sidewalks must be a minimum of five feet (5’) in width with an additional minimum five-foot planting strip (greenspace) separating the sidewalk from the street. (b) Sidewalks are required on one side of the street, and must be connected in a pattern that promotes walkability throughout the development. The DRB may in its discretion require supplemental sidewalk segments to achieve this purpose. (3) Street Trees; see Section 9.08(B)(3) (4) On-street parking; see Section 9.08(B)(4). (5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5). (6) Street and sidewalk lighting. Pedestrian-scaled light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot-spots) and trespass minimized to the lowest level consistent with public safety. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi-family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets). Page 170 ARTICLE 9 SOUTHEAST QUADRANT 9-20 South Burlington Land Development Regulations (2) Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private space and are oriented to the street are encouraged. (3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the street is critical to the ambiance of the street environment. (a) Buildings should be set back fifteen feet (15’) from the back of sidewalk. (b) Porches, stoops, and balconies may project up to eight feet (8’) into the front setbacks. Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or other solid materials. (4) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. (5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near- identical units. Table 9-3: Street Design Criteria for Collector Streets, VR and VC Design Speed 25 mph Pavement width (parking one side) 28’ Pavement width (parallel parking both sides) 36’ at wetland crossings 20’ Minimum radius of curves 260’ Minimum tangent length between curves 50’ Minimum vertical sight distance 150’ Minimum horizontal sight distance 275’ Page 171 ARTICLE 9 SOUTHEAST QUADRANT 9-21 South Burlington Land Development Regulations Figure 9-8: Pavement Dimensions, Collector Streets, SEQ-VR Table 9-4: Street Design Criteria for Local Streets, VR and VC Design Speed 25 mph Pavement width (parking one side) 26’ Pavement width (parallel parking both sides) 34’ With no parking 24’ at wetland crossings 18’ Minimum radius of curves 200’ Minimum tangent length between curves 50’ Minimum distance between centerline offsets 150’ Minimum vertical sight distance 150’ Minimum horizontal sight distance 275’ Page 172 ARTICLE 9 SOUTHEAST QUADRANT 9-22 South Burlington Land Development Regulations Figure 9-9: Pavement Dimensions, Local Streets, SEQ-VR 9.10 SEQ-VC Sub-District; Specific Regulations The SEQ-VC sub-district has additional dimensional and design requirements, as enumerated in this section. A. Street, block and lot pattern. (1) Development blocks. Development block lengths should range between 200 and 300 linear feet; see Figure 9-2 for example. Blocks 300 feet or longer must include mid-block public sidewalk or recreation path connections. (2) Interconnection of Streets (a) Average intersection spacing shall be 200 to 300 feet. (b) Dead end streets (e.g. cul de sacs or hammer-heads) that are not constructed to an adjacent parcel to allow for a future connection are strongly discouraged. Such dead end streets shall not exceed 200 feet in length. (3) Lot ratios. Lots for new residential structures shall incorporate a minimum lot width to lot depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. Page 173 ARTICLE 9 SOUTHEAST QUADRANT 9-23 South Burlington Land Development Regulations B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets in the VC sub-district are intended to be low-speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Section 9.09(B)(1) above, and Tables 9-3 and 9-4; cross-sections shall be as set forth in Figures 9-10 and 9-11 below. (2) Sidewalks (a) Sidewalks must be a minimum of five feet in width plus a minimum five-foot planting strip separating the sidewalk from the street. (b) Sidewalks are required on both sides of the street. (3) Street Trees; see Section 9.08(B)(3) (4) On-street Parking; see Section 9.08(B)(4) (5) Intersection Design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Section 9.08(B)(5) and Figure 9-6. (6) Lighting. Pedestrian scale light fixtures (e.g., 12’ to 14’) shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower-intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot-spots) and trespass minimized to the lowest level consistent with public safety. C. Residential Design (1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi-family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets; see Section 9.11). (2) Building Façades. Building façades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private space and are oriented to the street are encouraged. (3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the street is critical to the ambiance of the street environment. Front building setbacks in the SEQ-VC district will vary depending on the building type and neighborhood design. Residential buildings should complement the setbacks of surrounding commercial buildings. (a) Setbacks to the building line as defined in these Regulations may range from zero feet (o’) to a maximum of fifteen feet (15’). (b) Where buildings are set back from the sidewalk, porches, stoops, balconies may project into the front setback area, and may overhang the sidewalk at the second and higher levels. (4) Placement of Residential Garages and Parking Areas. Parking for residential uses must be located in side or rear yards, or in an approved shared parking area within the VC sub-district. Figure 9-10: Pavement Dimensions: Collector Streets, SEQ-VC Page 174 ARTICLE 9 SOUTHEAST QUADRANT 9-24 South Burlington Land Development Regulations Page 175 ARTICLE 9 SOUTHEAST QUADRANT 9-25 South Burlington Land Development Regulations Figure 9-11: Pavement Dimensions: Local Streets, SEQ-VC AD. Design Standards for Non-Residential Land Uses in the SEQ-VC Sub-District. (1) Applicability: The following standards shall apply to non-residential land uses in the SEQ-VC sub- district except if reviewed and approved as a Traditional Neighborhood Design (TND) PUD, or TND PUD type in association with a Conservation PUD, pursuant to Article 15.C (21) Building Orientation. Non-residential buildings must be oriented to the principal public street on which the building has a façade. Primary building entries must be oriented to and open onto a sidewalk or other public walkway providing access from the public street. Secondary building entries may open onto parking areas. (32) Building Façades (a) Building facades should be varied and articulated for pedestrian interest. (b) Street level windows and numerous shop entries are encouraged along the sidewalk. Blank or solid walls (without glazing) should not exceed thirty feet (30’) in length at the street level. (c) Building entries should be emphasized with special architectural treatment. (d) All buildings should have a well-defined ‘base’ with richer detail in the pedestrian’s immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a recognizable ‘top’ consisting of elements such as cornice treatments, roof overhangs with brackets, textured materials, stepped parapets. Page 176 ARTICLE 9 SOUTHEAST QUADRANT 9-26 South Burlington Land Development Regulations (e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet. Mansard style roofs are discouraged. (f) Buildings in the SEQ-VC should employ “four-sided” design principles intended to ensure a high visual quality from any publicly-used vantage point. 9.11 Supplemental Standards for Arterial and Collector Streets [reserved] A. Setbacks. The minimum front setbacks from Dorset Street, Old Cross Road, Nowland Farm Road, Hinesburg Road, Swift Street, Swift Street Extension, and Old Cross Road Extension, shall be as set forth in Section 3.06(B) (1) and (2) of these Regulations. B. Building Orientation along Arterial and Collector Streets. (1) New developments with frontage on Dorset Street, Old Cross Road/Nowland Farm Road, or Swift Street, or which have the potential to include frontage along Swift Street Extension or Old Cross Road Extension, shall maintain a setback of twenty feet (20’) from the edge of the planned street right-of-way. (2) New developments with frontage on Hinesburg Road shall maintain a setback of forty feet (40’) from the edge of the planned street right-of-way. (3) This setback area shall be attractively landscaped, with suitable street trees, grassed swales or other means of infiltrating storm runoff, and fencing made of natural materials, in a manner that creates a defined edge to the development, without creating a visual “wall” or barrier. Acceptable alternatives for this treatment are shown in Figures 9-12 and 9- 13. (4) A public sidewalk or recreation path planned in coordination with the South Burlington Recreation Path Committee shall be incorporated into the setback area. (5) The use of earthen berms of more than four feet (4’) in height above the average pre-construction or finished grade of the setback area, shall not be permitted. Under no circumstances shall vegetation other than grasses and low-growing shrubs be planted along the slope or top of any berms or other land shaped areas. 9.12 SEQ-NRP; Supplemental Regulations A. Any lot land that lies entirely within a SEQ-NRP sub-district is may only be developed subject in the following manners:to the following supplemental regulations: (1) Such lot shall be Subdivision and/or conveyanceed to the City of South Burlington or to a qualified land trust as dedicated open space or to a qualified land trust and shall not be developed with a residence., or (2) Such lot may be developed with aSubdivision and construction of a residence or residences pursuantdwelling unit(s) pursuant to Section 9.12(B) or (C) below; to a conservation plan approved by the Development Review Board. See 9.12(B) below. (3) Such lot may be dDevelopmented with uses other than residences, as listed in Table C-1, subject to the Development Review Board’s approval of a conservation plan that balances development or land utilization and conservation. Page 177 ARTICLE 9 SOUTHEAST QUADRANT 9-27 South Burlington Land Development Regulations (4) Additions or alterations to existing structures, and new or altered accessory structures and lot coverage subject to the requirements of Section 9.12(D) below. Such lot may also include the following additional development/activities: Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject to conditional use review and the following supplemental standards: (1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit no more than one (1) single family dwelling unit, and only whereif: (a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate the construction and use of a single family dwelling unit in compliance with these Regulations;, and; (b) Standards of Section 9.12(D) are met. (b) The location of structures, yards, and access drives have no portion within a designated primary natural community or its related buffer. Such lot may also include the following additional development/activities: Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (a) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. Page 178 ARTICLE 9 SOUTHEAST QUADRANT 9-28 South Burlington Land Development Regulations Figure 9-12: Setbacks at Arterial Streets Page 179 ARTICLE 9 SOUTHEAST QUADRANT 9-29 South Burlington Land Development Regulations Figure 9-13: Setbacks at Hinesburg Road Page 180 ARTICLE 9 SOUTHEAST QUADRANT 9-30 South Burlington Land Development Regulations (2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board may allow a subdivision of no more than three (3) lots and construction no more than three (3) dwelling units total of one (1) single family dwelling unit on each of these lots only if: (a) The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of at least three (3) single family dwelling units on lots approvable in compliance with these Regulations. (i)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of at least three (3) single family dwelling units on lots approvable in compliance with these Regulations, no subdivisions of land or construction of new dwelling units shall be permitted in the NRP subdistrict; (ii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of two (2) single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to one (1) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; (iii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of one (1) single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to two (2) new dwelling units in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; (iv)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is insufficient to accommodate the construction and use of any single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to three (3) new dwellings unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; and, (b) such lots shall have a minimum size of 12,000 square feet per dwelling unit , and, (c) the location of structures, yards, and access drives have no portion within a designated primary natural community or its related buffer, and, (d)(b) The arrangement of lots, structures, location of structures and access drives are clustered such that no dwelling units areis located no more than one hundred (100) feet from the principal structure on the adjacent lots within the subdivisionany other structure, and, (e) The dwelling units shall be detached single family dwellings, and, (c) Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development, and;. (f)(d) All lots intended for development shall be subject to the standards of Section 9.12(D) . C. A single tax parcel existing as of the effective date of these regulations which exceeds one hundred (100) acres and is located entirely within the NRP sub-district, as shown on the South Burlington Tax Maps last revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided at an average overall density for the entire tax parcel of one (1) single-family dwelling per ten (10) acres. Any new lots so created shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall be clustered in a manner that maximizes the resource values of the property and shall have no portion within a Hazard or Level I Page 181 ARTICLE 9 SOUTHEAST QUADRANT 9-31 South Burlington Land Development Regulations Resource Area except as specifically permitted in Article 12 designated primary natural community or its related buffer. All buildings containing dwelling units shall have the appearance of a be detached single family houses and must not contain more than four (4) dwelling units. Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development, and to Section 9.12(D) of these Regulations. (D) Supplemental Design and Conservation Standards. Where development is permitted in accordance with this section, the following supplemental design standards shall apply: (1) For a newly subdivided lot, principal building, or use: (a) A building envelope that encompasses all areas to be used for principal and accessory buildings, patios or decks, parking areas, lawn or other recreational amenities such as tennis courts, pools, etc. must be established shown on a plan. The building envelope must: (i) be located on the site in a manner that represents the least impact on the purposes of this District; (ii) exclude all Hazards and Level I Resources except as specifically approved in accordance with applicable standards of Article 12; and, (iii) be minimized in size to reflect and implement the purposes of this zoning district; and, (b) Access drives shall be minimized in length except as needed to avoid impacts to Hazards, Level I, and Level II Resources, other resources identified for conservation, or other physical or legal constraints on the parcel. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (2) For pre-existing land with no established building envelope, any addition to structures, impervious surfaces, or amenities that exceed more than 1,000 s.f., in the SEQ-NRP subdistrict, cumulatively, from the date of adoption of these regulations, shall be required to establish a building envelope pursuant to subsection (1). The DRB may adjust the maximum size of a building envelope to accommodate pre-existing conditions. 9.13 SEQ Review and Approval Process A. Single family residences and two-family residences on a single existing lot are specifically excluded from the review provisions of Section 9.13 of this article. All other development is subject to the provisions presented below. B. For all development other than that listed above in Section 9.13(A), the Development Review Board shall use the Planned Unit Development (PUD) review and approval process presented in Article 15, Subdivision and Planned Unit Development Review. C. Master Plan Review. As per Section 15.07, Master Plan Review and Approval, the Development Review Board shall require a master plan for any application for 10 or more dwelling units. In such a case, the provisions of Section 15.07 shall apply in addition to the PUD provisions of Article 15, and the SEQ-specific provisions of this Article. Page 182 10-1 South Burlington Land Development Regulations 10 SELECTED OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO, RCO 10.01 Flood Plain Overlay District 10.012 Traffic Overlay District 10.023 Scenic View Protection Overlay District 10.034 Interstate Highway Overlay District 10.045 Transit Overlay District 10.056 Urban Design Overlay District 10.07 River Corridor Overlay District 10.01 Floodplain Overlay District (FP) A. Purpose. It is the purpose of the Floodplain Overlay District to: (1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public services that result from flooding; (2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream corridor; (3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available. B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the Floodplain Overlay District designated in Section 3.01(B). C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from flood damages. This regulation shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any flood damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder. E. Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this regulation imposes a greater restriction the provisions here shall take precedence. F. Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict (1) Development Review in Hazard Areas (a) Permits. A permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain Definitions), in the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. Page 183 10-2 South Burlington Land Development Regulations (b) Submission requirements. In addition to all information required for permitted and conditional uses, the applicant shall prepare and submit a Project Review Sheet to Vermont Agency of Natural Resources. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the Administrative Officer and attached to the permit before work can begin. (c) Referrals. (i) Upon receipt of a complete application for a substantial improvement or new construction the Administrative Officer shall forward a copy of the application and supporting information to the State National Flood Insurance Program Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. (ii) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be submitted to the adjacent communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers. Copies of such notice shall be provided to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. (d) Permitted Uses. The following uses are permitted in the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. Structures associated with any of the permitted uses below shall be allowed only as Conditional Uses subject to the provisions of this Section 10.01. (i) Park; (ii) Recreation path; (iii) Outdoor recreation facility; (iv) Non-substantial improvements of existing structures; (v) Development related to on-site septic or water supply systems; (vi) Building utilities; (vii) At-grade parking for existing buildings; and, (viii) Recreational vehicles. (e) Conditional Uses. The following uses are allowed in the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict as conditional uses subject to approval by the Development Review Board in accordance with the provisions of this Section 10.01 and Table C-2, Dimensional Standards. (i) Substantial improvement, elevation, relocation, or flood proofing of existing structures; (ii) Accessory structures; (iii) New or replacement storage tanks for existing structures; (iv) Grading, excavation; or the creation of a pond; (v) Improvements to existing roads; Page 184 10-3 South Burlington Land Development Regulations (vi) Bridges, culverts, channel management activities, or public projects which are functionally dependent on stream access or stream crossing; (vii) Public utilities. (f) Prohibited Uses. In addition to any uses not specifically listed in this section, the following uses are specifically prohibited in the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict: (i) New residential or non-residential structures (including the placement of manufactured homes); (ii) Storage or junk yards; (iii) New fill except as necessary to elevate structures above the base flood elevation; and, (iv) Accessory structures in the floodway. (2) Area, Density and Dimensional Requirements. In the Floodplain Overlay (Zones A, AE, and A1- 30) Subdistrict, all structures shall be subject to the area, density and dimensional requirements of the Residential 1 District as set forth in Section 4.01 and Table C-2, Dimensional Standards of these regulations. (3) Additional Standards. (a) No encroachment, including fill, new construction, substantial improvement, or other development, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a licensed professional engineer, certifying that the proposed development will: a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and b) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (b) Within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict, excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table, interfere with natural flow patterns, or reduce flood storage capacity. (c) All development allowed as Conditional Uses pursuant to Section 10.01(F)(1)(e) above shall meet the following additional standards: (i) All development shall be reasonably safe from flooding, as determined by compliance with the specific standards of this subsection. (ii) All development shall be designed (I) to minimize flood damage to the proposed development and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to flood hazards. (iii) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be constructed with materials resistant to flood damage, (III) be constructed by methods and practices that minimize flood damage, and (IV) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (iv) New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Page 185 10-4 South Burlington Land Development Regulations (v) On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (vi) The flood carrying capacity within any portion of an altered or relocated watercourse shall be maintained. (vii) Replacement manufactured homes shall be elevated on properly compacted fill such that the top of the fill (pad) under the entire manufactured home is above the base flood elevation. (viii) Structures to be substantially improved in Zones A, A1-30, AE, and AH shall be located such that the lowest floor is at least one (1) foot above base flood elevation; this must be documented, in as-built condition, with a FEMA Elevation Certificate. (ix) Non-residential structures to be substantially improved shall: (I) Meet the standards in Section 10.01(F)(3)(c)(viii); or, (II) Have the lowest floor, including basement, together with attendant utility and sanitary facilities be designed so that two (2) feet above the base flood elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; A permit for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. An occupancy permit for the structure shall not be issued until an "as-built" plan has been submitted and a licensed professional engineer or architect has certified that the structure has been constructed in accordance with accepted standards of practice for meeting the provisions of this subsection. (x) For all new construction and substantial improvements, fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) shall be prohibited. (xi) For all new construction and substantial improvements, fully enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by a licensed professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (xii) In Special Flood Hazard Areas where base flood elevations and/or floodway limits have not been provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps, it is the applicant’s responsibility to develop the necessary data. (xiii) In the AE Zone, where base flood elevations and/or floodway limits have not been determined, development shall not be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated encroachment, will not increase the base flood elevation more than one (1) foot at any point Page 186 10-5 South Burlington Land Development Regulations within the community. The demonstration must be supported by technical data that conforms to standard hydraulic engineering principles and certified by a licensed professional engineer. (xiv) All recreational vehicles shall be fully licensed and ready for highway use. (xv) A small accessory structure of 500 square feet or less in gross floor area that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on a building site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of subsection (xi) above. (4) Administration and Enforcement. (a) The Zoning Permit issued for any development pursuant to this Section 10.01(F) shall include: a record of the elevation, in relation to mean sea level, of the lowest floor, including basement, of all new construction or substantial improvements of structures. (b) Upon issuance of a zoning permit, the Administrative Officer shall properly file and maintain a record of: (i) Elevation Certificates with the as-built elevation (consistent with the datum of the elevation on the current Flood Insurance Rate Maps for the community) of the lowest floor, including basement, of all new or substantially improved structures (not including accessory structures) in the Special Flood Hazard Area; (ii) All flood proofing and other certifications required under this regulation; and, (iii) All decisions of the Board (including variances and violations) and all supporting findings of fact, conclusions and conditions. (c) Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or substantial improvements to structures in the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (d) Enforcement (i) A copy of any notice of violation of this section shall be mailed by the Administrative Officer to the State NFIP Coordinator. (ii) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended. (iii) Any proposed agricultural structure that does not meet the criteria and process in the Accepted Agricultural Practices will be in violation of this bylaw. Such violations shall also be immediately reported to the Secretary of Agriculture for enforcement under 6 V.S.A. Section 4812. (e) Variances (i) A variance may be granted by the Development Review Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6. (ii) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation increases risk to life and Page 187 10-6 South Burlington Land Development Regulations property and will result in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be maintained with a record of all variance actions. G. Floodplain Overlay (Zone 0.2%) Subdistrict (1) Permits. A permit is required from the Administrative Officer for all development, as defined in Section 2.02 (Definitions), in the Floodplain Overlay (0.2% Zone) Subdistrict. (2) Permitted Uses. Those uses allowed as permitted uses in any underlying zoning district within the City may be permitted in the Floodplain Overlay (0.2% Zone) Subdistrict only in accordance with the provisions of this section. (3) Conditional Uses. Those uses allowed as conditional uses in any underlying zoning district within the City may be permitted in the Floodplain Overlay (0.2% Zone) Subdistrict only in accordance with the provisions of this section. (4) Prohibited Uses. In addition to any uses not specifically listed in the underlying zoning district, new Critical Facilities are specifically prohibited in the Floodplain Overlay (0.2% Zone) Subdistrict. (5) Area, Density and Dimensional Requirements. In the Floodplain Overlay (0.2% Zone) Subdistrict, all structures shall be subject to the area, density and dimensional requirements of the underlying zoning district as set forth in Article IV and Table C-2, Dimensional Standards of these regulations. (6) Additional Standards. (a) Any Critical Facilities to be expanded or substantially improved in the Floodplain Overlay (0.2% Zone) Subdistrict shall be located such that the lowest floor is at least one (1) foot above base flood elevation. (b) In the Floodplain Overlay (0.2% Zone) Subdistrict, where base flood elevations and/or floodway limits have not been provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps, it is the applicant’s responsibility to develop the necessary data. (7) Administration and Enforcement. Administration and enforcement of development in the Floodplain Overlay (0.2% Zone) Subdistrict shall be subject to all requirements of Article XVII (Administration and Enforcement) of these Regulations. 10.012 Traffic Overlay District A. Purpose. It is the purpose of the Traffic Overlay District to provide a performance-based approach to traffic and access management associated with development and re-development of properties in high traffic areas of the City. It is the further purpose of the Traffic Overlay District to provide a means by which the allowable uses and the arrangement and intensity of uses on a given parcel may be regulated, above and beyond District regulations, based on traffic generated and impacts on City access management goals. It is the further purpose of the Traffic Overlay District to provide incentives to improve site design and access management during the development and redevelopment process, in keeping with the goals and objectives of the City's Comprehensive Plan. B. [reserved] Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. C. Permitted Uses. Those uses allowed as permitted uses in any Zoning District within the City may be permitted in the Traffic Overlay District only in accordance with the provisions of this section. Page 188 10-7 South Burlington Land Development Regulations D. Conditional Uses. Those uses allowed as conditional uses in any Zoning District within the City may be permitted in the Traffic Overlay District only in accordance with the provisions of this section. E. Establishment of Traffic Overlay Zones. The following zones are established based on their location in relation to the identified critical intersections or roadways on the Overlay District Map. The location and dimensions of major intersections, high-volume roadway segments, and the balance of restricted roadway segments, as described in this section are shown on the Overlay District Map. The location of the access point to a lot is the main determinant ruling on whether a lot is subject to these regulations. In situations where a lot is located in more than one zone, the location of the driveway will determine the zone that applies to the parcel. A lot that does not directly front on a Traffic Overlay zone but has an actively used access to it via an easement is subject to the restrictions for that zone. However, this rule would not apply to an existing lot with an existing access that would be connected to as a result of these access management objectives. If a parcel has one driveway in one zone and another driveway in another zone, the zone which is more restrictive shall apply to the entire property. A lot located in a Traffic Overlay Zone but without access in that zone is not subject to these regulations. Other locations and types of access are not restricted. (1) Traffic Overlay Zone 1. Zone 1 shall consist of all lots within a specified distance from a major intersection as identified on the Overlay District Map. The distances from the intersection are defined as center-line to center-line distances between the closest driveway of the subject lot and the center line of the roadway intersecting the roadway fronting the subject parcel. (2) Traffic Overlay Zone 2. Zone 2 shall consist of all lots with access to a high-volume roadway segment as identified on the Overlay District Map. Zone 2A: Access to a high-volume roadway via a private driveway Zone 2B: Access to a high-volume roadway via a public roadway with an unsignalized intersection Zone 2C: Access to a high-volume roadway via a public roadway or a private driveway with a roundabout or a signalized intersection. (3) Traffic Overlay Zone 3. Zone 3 shall consist of all lots with access to the balance of road segments as identified on the Overlay District Map. Zone 3 regulations only apply to parcels with private driveways or culs-de-sac. F. Calculation Procedures for Traffic Overlay Zones. (1) Maximum Allowable Traffic Generation (Traffic Budget). The size of an allowable use on any lot in a traffic overlay zone shall be such that its traffic generation will not exceed the maximum allowable traffic generation – the Traffic Budget. The traffic budget is calculated by multiplying the size of the lot by the maximum traffic generation rate (i.e. maximum peak hour trip ends per 40,000 SF) applicable to the traffic overlay zone in which the lot is located as shown in Table 10-1 below. In the determination of the allowable maximum size for a use, the definitions and standards in this Section 10.012 shall apply. Specific procedures and examples are contained in Appendix B. If the maximum permitted size for a use or any lot is too small to allow reasonable activity normally associated with that use, then that use shall not be permitted on the lot. The maximum size of a proposed use must be in compliance with all other zoning regulations of the City of South Burlington. (2) Estimating the traffic generation of the proposed use: Traffic generation estimates for the use under consideration shall be based on the latest TRIP GENERATION manual published by the Institute of Traffic Engineers (the 7th Edition of 2003 and subsequent editions). The Development Review Board or Administrative Officer may approve or may require traffic generation estimates from other sources, including local traffic counts, if the ITE Trip Generation manual does not contain any data for a specified Page 189 10-8 South Burlington Land Development Regulations use, or sufficient data for a specified use, or if a use contains unique characteristics that cause it to differ from national traffic estimates. See Appendix B for guidance. (3) Peak Hour for evaluation. The peak hour shall be the PM Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. This is the highest continuous hour in terms of traffic generation between 4 p.m. and 6 p.m. Traffic generation is defined as the total number of vehicle trip ends at the use in question. (4) Since access management and conflict resolution of turning vehicles are a major objective of this Traffic Overlay Zone, no credits are allowed for “pass-by” or diverted traffic. G. Peak Hour Trip Generation Limits per 40,000 SF of land area: The maximum permitted peak hour volume per 40,000 square feet of land area in any zone shall be as set forth in Table 10-1 below. Table 10-1 Maximum Peak Hour Trip Ends per 40,000 SF Zone Max. number of peak hour trip ends per 40,000 SF of land area 1 15 2A 20 2B 25 2C 30 3 45 The above allowable traffic generation rates assume a mix of right-turn and left-turn movements in and out of the site driveways. If a site is located along an arterial with a raised median thus preventing all left turns, the traffic budget for that site shall be increased by 15%. This Traffic Budget credit of 15% can only be taken when all site access points off the adjacent arterial(s) are for right-turns-in and right-turns-out only. H. Standards for Adjustments to a Project’s Traffic Generation Calculation or to a Site’s Traffic Budget (1) The Development Review Board or, within the Form Based Code District the Administrative Officer, may allow adjustments to the project’s traffic generation or may approve peak hour traffic volumes above the standards set forth in Section 10.012(F) above for a lot in a traffic overlay zone if the Development Review Board, or within the Form Based Code District the Administrative Officer, determines that other site improvements with respect to improved access management, internal circulation, connections between adjacent properties, and improved pedestrian and/or transit access, will produce a net benefit for traffic flow in the immediate vicinity of the project. See Appendix B for guidance on adjustments. (2) In the event that the existing peak hour trip generation of the uses presently authorized and operating on the site exceeds the maximum allowable traffic budget for the site including credits, the existing peak hour trip generation shall be the maximum allowable for the site, and no additional credits shall be provided for site improvements or any other cause. This provision shall not alleviate the responsibility of the applicant to make traffic and other site improvements required by the DRB, or within the Form Based Code District the Administrative Officer, pursuant to these Regulations as part of a site plan, PUD or conditional use approval. Page 190 10-9 South Burlington Land Development Regulations (3) In making its determination of whether other site improvements will produce a net benefit for traffic flow the Development Review Board, or within the Form Based Code District the Administrative Officer, may consider the following: (a) Change or reduction in the number and location of curb cuts (b) The creation of secondary access points within lots sufficient for two-way, year-round vehicular and pedestrian movements that provide for suitable internal circulation between properties (i.e. the access points need to be kept free of snow). (c) The elimination of left turns or through movements across an arterial through the creation of raised medians, subject to approval by the Director of Public Works. (d) Reductions in the width of curb cuts or access points or their definition in a manner that substantially improves the definition of turning and traffic movements into and out of the property, and to a width no greater than the specified maximum width for the applicable type of driveway in Figure 15-1 of these Regulations, subject to approval by the Director of Public Works. (e) The relocation of access points farther away from high-volume intersections, subject to all other applicable dimensional and traffic management standards. (f) The impact of the proposal on the overall traffic volumes and levels of service at intersections in the immediate vicinity of the project. (g) Any other criteria contained within PUD review or other factors as the Development Review Board or Administrative Officer deems relevant, subject to consultation with and approval by the Director of Public Works. I. Other Traffic Impact Considerations. The Traffic Overlay District regulations do not alleviate the need for standard traffic impact studies or other traffic engineering analyses that are normally required for proposed developments. The needs for levels of service determinations with the proposed project, queuing analyses and sight distance verifications, etc. are not alleviated by these regulations. 10.023 Scenic View Protection Overlay District A. Purpose. A Scenic View Protection Overlay District is hereby formed in order to encourage the preservation of spectacular views of the Green Mountains, Adirondack Mountains and Lake Champlain from both planned and existing public ways. These spectacular views represent an irreplaceable natural resource which enhances the quality of life of residents and visitors of South Burlington. It is the intent of this overlay district to encourage the placement of buildings, lots and landscaping in a manner that best preserves these important scenic resources. B. [reserved] Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. C. Applicability. (1) In addition to the provisions of any other section(s) of these regulations, the uses allowed in any underlying district in a Scenic View Protection Overlay District, as shown on the Scenic View Protection Overlay District Map, shall be subject to the limitations in this Section 10.023. (2) In addition to those items listed in the definition of “structure” in these Regulations, earthen berms shall constitute a structure for purposes of this Section 10.023. Page 191 10-10 South Burlington Land Development Regulations D. Spear Street - Overlook Park View Protection Zone (1) Designated Building Envelopes. (a) The term "Designated Building Envelope" as used in this Section 10.023 shall define a hexagonal figure enclosing an area of fifteen thousand (15,000) square feet as depicted on the Scenic View Protection Overlay District Map. The long axis of a Designated Building Envelope shall be oriented on a lot so that it is perpendicular to Spear Street. (b) Structures or vegetation located in any portion of a "Designated Building Envelope" located in Zone A or Zone C shall be required to meet the height limitations applicable to Zone A or Zone C. (2) Zone A. (a) No part of any structure within Zone A of the Spear Street Overlook Park View Protection Zone shall exceed an elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that said part of a structure is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation located within Zone A of the Spear Street - Overlook Park View Protection Zone shall be maintained so that it does not exceed an elevation of 370 feet above mean sea level minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (c) Notwithstanding the restrictions set forth in the previous sentence, any vegetation or planting located within Zone A that are within an area two hundred (200') feet east of any building in existence on May 16, 1989 may be maintained at a height exceeding the requirements of this section subject to the following limitations: (i) The building in existence on May 16, 1989, must remain in existence. (ii) Such vegetation must be maintained so that it does not diminish to any degree the view available from any point of the Zone A base line on May 16, 1989. (3) Zone B (a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet from each 100 feet that said part of said structure is horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map. This section shall not apply to any structure located in a Designated Building Envelope. (b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map, or 2 feet above any grade existing on 7/17/89, whichever height is higher. This section shall not apply to landscaping located within a Designated Building Envelope. (c) Any principal structure shall be located entirely within a Designated Building Envelope. (4) Zone C (a) No part of any structure shall exceed the elevation of the Zone B base line minus 4 feet for each 100 feet that said part of said structure is horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation shall be maintained so that it does not exceed the elevation of the Zone B base line minus 4 feet for each 100 feet that said landscaping or vegetation is Page 192 10-11 South Burlington Land Development Regulations horizontally distant from the Zone B base line shown on the above referenced Scenic View Protection Overlay District Map. (5) Zone D. (a) No part of any structure within Zone D of the Spear Street - Overlook Park View Protection Zone, shall exceed the elevation of 370 feet above mean sea level minus 1.8 feet for each 100 feet that said part of said structure is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation of 370 feet above mean sea level minus 1.8 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (6) Zone E. (a) No part of any structure within Zone E of the Spear Street - Overlook Park View Protection Zone shall exceed an elevation of 370 feet above mean sea level minus 8.7 feet for each 1000 feet that said part of said structure is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. (b) Landscaping and other vegetation shall be maintained so that it does not exceed an elevation of 370 feet above mean sea level minus 8.7 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Zone A base line shown on the above referenced Scenic View Protection Overlay District Map. E. Spear Street - Ridge View Protection Zone (1) No part of any structure within the Spear Street Ridge View Protection Zone shall exceed an elevation of 382 feet above mean sea level minus 3.1 feet for each 100 feet that said part of said structure is horizontally distant from the Spear Street Ridge View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. (2) Landscaping and other vegetation located within the Spear Street Ridge View Protection Zone shall be maintained so that it does not exceed an elevation of 382 feet above mean sea level minus 3.1 feet for each 100 feet that said landscaping or vegetation is horizontally distance from the Spear Street Ridge View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. F. Dorset Park View Protection Zone (1) Zone A. (a) No part of any structure within Zone A of the Dorset Park View Protection Zone shall exceed an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone A of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level minus 4.3 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Page 193 10-12 South Burlington Land Development Regulations Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (2) Zone B. (a) No part of any structure within Zone B of the Dorset Park View Protection Zone shall exceed an elevation of 439 feet above mean sea level plus 3.1 feet for each 1000 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone B of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level plus 3.1 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (3) Zone C. (a) No part of any structure within Zone C of the Dorset Park View Protection Zone shall exceed an elevation of 439 feet above mean sea level plus 2.2 feet for each 100 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone C of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 439 feet above mean sea level plus 2.2 feet for each 100 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone East Base Line shown on the above referenced Scenic View Protection Overlay District map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (4) Zone D. (a) No part of any structure within Zone D of the Dorset Park View Protection Zone shall exceed an elevation of 441 feet above sea level minus 2.0 feet for each 1000 feet that said part of said structure is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. (b) Landscaping and other vegetation located within Zone D of the Dorset Park View Protection Zone shall be maintained so that it does not exceed an elevation of 441 feet above mean sea level minus 2.0 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Dorset Park View Protection Zone West Base Line shown on the above referenced Scenic View Protection Overlay District Map, or 3 feet above any grade existing on the date of passage of these regulations, whichever height is higher. G. Hinesburg Road - North View Protection Zone (1) No part of any structure within the Hinesburg Road-North View Protection Zone shall exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said part of said structure Page 194 10-13 South Burlington Land Development Regulations is horizontally distant from the Hinesburg Road-North View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. (2) Landscaping and other vegetation located within the Hinesburg Road-North View Protection Zone shall be maintained so that it does not exceed an elevation of 393.5 feet above mean sea level plus 5.8 feet for each 1000 feet that said landscaping or vegetation is horizontally distant from the Hinesburg Road - North View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. H. Hinesburg Road - South View Protection Zone (1) No part of any structure within the Hinesburg Road - South View Protection Zone shall exceed an elevation 3 feet above the elevation of the lowest point on the Hinesburg Road - South View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. (2) Landscaping and other vegetation located within the Hinesburg Road - South View Protection Zone shall be maintained so that it does not exceed an elevation 3 feet above the elevation of the lowest point on the Hinesburg Road - South View Protection Zone Base Line shown on the above referenced Scenic View Protection Overlay District Map. I. Alteration and Expansion. (1) Notwithstanding the provisions of these Regulations, any structure which fails to comply with the requirements of this Section 10.023 shall not: (a) be expanded or altered in any way which increases its degree or extent of non-compliance, except in strict conformance with the requirements set forth in this Section 10.023(JI) herein. (b) be reconstructed if totally or substantially destroyed by fire, storm, explosion, other catastrophe, neglect or voluntary action, except in compliance with this Section 10.032, provided, however, if no usable structure may be reconstructed in compliance with these provision, then the property owner may rebuild a usable structure that creates a minimum violation of this section, and is subject to the limitations of Section 3.11 (nonconformities). (2) The provisions of this Section 10.032 notwithstanding, the Development Review Board shall have the authority to grant a waiver from the provisions of this Section 10.023 if it finds that the standards set forth in either Section 10.023(K J) or (L K) below have been met. J. Exemptions through Subdivision Review. The Development Review Board may approve a proposed subdivision, though development of one or more lots in the proposed subdivision with construction of a structure would exceed the limitations of the Scenic View Protection Overlay District in the South Burlington Land Development Regulations ("view restrictions" herein), if it finds that the proposal meets the requirements of sub-part A or sub-part B below. (1) Sub-part A (a) The property under review existed as a parcel of land in separate and non-affiliated ownership from adjoining properties on June 1, 1992; and (b) Thirty percent or more of the land area of the subject property cannot support the construction of structures twenty-five (25) feet in height due to the development restrictions set forth in any statute, ordinance or bylaw; and Page 195 10-14 South Burlington Land Development Regulations (c) The applicant has attempted to minimize development on that portion of the property which cannot be developed in accordance with the view restrictions by concentrating development on portions of the property that can be developed in accordance with the view restrictions; and (d) The applicant has attempted to minimize the extent of noncompliance with the view restrictions by establishing designated building areas, view corridors, height limitations for structures, and landscaping restrictions on any lot which cannot be developed in compliance with the view restrictions. (2) Sub-part B (a) The applicant has designated building areas and/or height limitations for structures on any lot which cannot be developed in compliance with the view restrictions; and (b) The applicant can demonstrate that the construction of structures in conformance with the limitations set forth in subparagraph a, will not obstruct the view in the affected View Protection District from any point on the district baseline because of the presence of lawfully existing vegetation or structures. K. Waiver. The Development Review Board shall have the authority to grant a waiver from the provisions of this section if it finds that the standards set forth below have been met: (1) A structure has been granted a waiver from the requirements of this Article pursuant to the authority set forth in Section (KJ) above. OR (2) The applicant can demonstrate that the construction, alteration or expansion of a structure will not obstruct or be visible within the view in the affected View Protection District from any point on the baseline, because of the presence of natural topographic features other than trees or other vegetation, and/or the presence of lawfully existing structures. In making a determination pursuant to this section, the Development Review Board shall find that either of criterion "a" or both criteria "b" and "c" below is met: (a) A lawfully existing building or structure on the same property, or a natural topographic feature other than trees or other vegetation, will entirely screen the construction, alteration or expansion from all sight lines along the baseline of the applicable Scenic View Protection District; OR (b) All construction will take place within a designated building envelope whose outside edges are established by the sight lines extending from the baseline of the applicable Scenic View Protection District, at a height of six feet, in a straight line towards the structure; AND (c) No part of the construction, alteration or expansion will exceed the height of the structure or structures on the same property blocking the view from the baseline, measured at the point where the sight lines establishing the building envelope in (b) above intersect with the screening structure or structures. OR (3) For properties within the Spear Street-Ridge Overlay Zone, the applicant can demonstrate that the proposed construction, alteration or expansion will not extend above the highest point of the roofline of the existing structure to be altered. Page 196 10-15 South Burlington Land Development Regulations 10.034 Interstate Highway Overlay District (IHO) A. Purpose. It is the purpose of the Interstate Highway Overlay District to provide for a safe and aesthetically attractive buffer between the right-of-way of the Interstate Highway and developed land uses within South Burlington. B. Boundaries of the Interstate Highway Overlay District. The Interstate Highway Overlay District shall include the following areas, as depicted in Figure 10-1: (1) All land within one hundred fifty (150) feet horizontal distance of the Interstate 89 and Interstate 189 rights-of-way, and (2) All land within fifty (50) feet horizontal distance of the ramp rights-of-way, both existing and planned, for Interstate 89 and Interstate 189, except within the City Center Form Based Code District. C. Standards. (1) No building of any kind, including any structure or construction such as parking facilities or lots, or tennis courts shall be permitted within the district, except as specifically provided in this section. Any use or structure granted approval within the Interstate Highway Overlay District shall be subject to the specific provisions of this section. (2) The following structures and infrastructure shall be allowed in the IHO district, subject to conditional use approval by the Development Review Board: (a) Public recreation paths (b) Roadways or access drives for purposes of accessing a preexisting or approved structure within the IHO district and no other reasonable provisions for access can be made. (c) Utility lines, including power, telephone, cable, sewer and water. (d) Stormwater treatment facilities and maintenance thereof, including necessary removal of vegetation and dredging. (e) Research and educational activities provided any building or structure, including parking lots or facilities, is located outside the IHO district. (f) Hydro-electric power generation (g) Municipal buildings, subject to the provisions of Section 10.034(D) below. (3) Use of nonconforming structures. Nonconforming structures within the IHO district may used for any land use allowed within the underlying zoning district, in accordance with Table C-1, Table of Uses. (4) Encroachment of other uses into the IHO district. The encroachment of land uses allowed in the underlying zoning district into the IHO district may be allowed by the Development Review Board as a conditional use under certain circumstances as provided below, and provided the area of encroachment is screened from view by existing or proposed landscaping and/or topography: (a) The encroachment is necessary to rectify a natural catastrophe or for the protection of the public health, safety or welfare; OR (b) The encroachment is necessary for the purposes of providing for or improving public facilities; OR (c) The encroachment is necessary to provide safe access to a parcel on which a use has been approved by the DRB in cases where there is no feasible alternative to the encroachment. Page 197 10-16 South Burlington Land Development Regulations D. Encroachment of municipal buildings in the IHO district. In portions of the IHO district where the underlying zoning district is MU-Municipal, the Development Review Board may allow the encroachment of municipal facilities as a conditional use subject to the following standards and criteria: (1) Accessory uses not directly related and essential to the functioning of the municipal building shall not be permitted within the IHO district. (2) A finding is made by the DRB that the proposed municipal building cannot be located outside the IHO district because the following criteria are met: (a) The use must occur in close proximity to another preexisting municipal building; AND (b) There is no reasonably practicable alternative location for the municipal building, with pre- existing investment in the site a consideration for the practicability of alternative locations; AND (c) The encroachment is the minimum necessary to operate the proposed municipal building. (3) The maximum extent of the encroachment shall be no more than fifteen (15) feet into the IHO district. E. Exemption for lots with existing single or two-family dwellings. A lot containing an existing single or two-family dwelling, as of the effective date of these regulations, shall be exempt from the provisions of this Section 10.034. Notwithstanding this exemption, no additional dwelling units or new principal structures shall be permitted on such lots. Figure 10-1 Interstate Highway Overlay District Page 198 10-17 South Burlington Land Development Regulations 10.045 Transit Overlay District (TO) A. Purpose. It is the purpose of the Transit Overlay District to provide for a safe, compact, and efficient land use pattern that supports regular fixed-route transit service, pedestrian and bicycle infrastructure. Certain land uses may be permitted only within the Transit Overlay District, or be permitted outside the District subject to conditions. Other incentives or requirements that complement a multi-modal environment may also be established. B. [reserved] Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. C. Boundaries of the Transit Overlay District. The Transit Overlay District shall includes all areas shown on the Overlay District Map. D. Permitted and 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 Transit Overlay District Map in a direct (ie, generally shortest distance from the use to the roadway) manner. All such accesses must be located within the Transit Overlay District. (3) All uses under this section shall be subject to all applicable provisions of the underlying zoning district. 10.056 Urban Design Overlay District (UDO) A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the City’s most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive Plan. The Urban Design Overlay District aids in fulfilling the City’s vision to enable infill and conversion development, encourage pedestrian movement, serve local and regional shopping and employment needs, and make use of existing public transportation. The City intends for the applicable areas to provide safe and inviting access to adjacent neighborhoods. B. Comprehensive Plan. This section implements the community desires established in the City’s Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated development and public activity in these areas. C. Boundaries & Applicability. This section shall be implemented in accordance with the geography(ies) shown on the Overlay Districts Map contained in these Regulations. (1) New construction. In the case of proposed expansions to existing buildings, only the portion of the building being added or rehabilitate per (2) below shall be subject to compliance with these standards. Portions of an existing building not being modified may remain as is, provided alterations do not increase the degree of nonconformity. (2) Substantial Rehabilitation Page 199 10-18 South Burlington Land Development Regulations (a) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (b) Repairs and Alterations. Repairs and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (i) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total area of such building façade, the alterations shall comply with the entry and glazing standards of the applicable district / overlay district. For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (ii) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building must comply with all standards within these Regulations. (3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important connections, gateways, or areas of activity. As such, a more urban form is desired and, where noted, required and permitted. Site design and buildings within designated nodes shall provide a welcoming and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and regulated accordingly. D. Standards. Except where noted herein, the dimensional standards, use, and other standards of the underlying Zoning District shall still apply. (1) Entries. Buildings on subject properties must have at least one entry facing the primary road in the corridor. Any such entry shall: (a) Be an operable entrance, as defined in these Regulations. (b) Serve, architecturally, as a principal entry. Front entries shall be a focal point of the front façade and shall be an easily recognizable feature of the building. Possibilities include accenting front entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This requirement does not preclude additional principal entry doors. (c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight (8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented access. (2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior and interior. (a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be transparent. (b) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet. (c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet. (3) Dimensional Standards Height Minimum Glazing Features Setback from ROW Page 200 10-19 South Burlington Land Development Regulations (Maximums per underlying zoning district) Designated Primary Node 2 stories First stories: minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of corner building. Minimum 20 feet Designated Secondary Node Appearance of two stories. Buildings with a GFA of less than 6,000 SF may be one story. First stories shall have a minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of corner building. Minimum 20 feet All other properties No height minimums First stories shall have a minimum of 40% glazing across the width of the building facade Minimum 20 feet (4) Building Stories, Heights, and Rooftop Apparatus. (a) Minimum stories of buildings within the Urban Design Overlay District are defined as per Article 2- Definitions and Section 8.06(F)(1) of these Regulations. (b) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban Design Overlay District. (5) Landscaping. Projects within the Urban Design Overlay District shall meet minimum landscaping requirements as per Section 13.046 of these Regulations. Projects are also subject to the following supplemental standards: (a) Landscaping which is required elsewhere in these Regulations to serve as a buffer between properties shall not count towards the minimum landscaping budget. (b) For lots with buildings which are set back 50 or more feet from the front lot line, at least 50% of the required landscaping shall be installed between the front building line and the front lot line. E. Allowance for Increase Lot Coverage via supplemental On-Site Open/Civic Space or Transferable Development Rights. For parcels with land underlying the Urban Design Overlay District, the maximum lot coverage may be increased by up to ten (10) percentage points using one of the two methods described below. Such allowance shall apply only to the subject lot with land underlying the Urban Design Overlay District and not any adjacent lots and must be approved in conjunction with a site plan or Planned Unit Development for the subject lot. Example: For a lot in a zoning district where the maximum lot coverage as identified in Appendix C is 70%, the maximum lot coverage for said lot may be increased to 80%. (1) On-Site Open/Civic Space Option. The applicant shall demonstrate compliance with each of the following standards as part of any proposal to increase lot coverage under this subsection: Page 201 10-20 South Burlington Land Development Regulations (c)(a) For each additional increment of lot coverage, an area on the site equal to thirty (30) percent of said increment shall be designated on the site plan for the subject parcel as one or more Snippets/Parklets and/or Pocket/Mini-Parks as enumerated in Article 11.BAppendix F; (d)(b) The selected Open/Civic Space type(s) must comply with all requirements and guidelines for the applicable type in Article 11.BAppendix F; (e)(c) All elements of the applicable Open/Civic Space type shall be constructed prior to the issuance of a certificate of occupancy; (f)(d) Where elements of such Open/Civic Space type are pre-existing, they may be used to qualify under this section; and, (g)(e) Impervious areas within an approved Open/Civic Space shall not be considered lot coverage for the purposes of these Regulations. (2) Transfer of Development Rights Option. The applicant shall demonstrate compliance with each of the following standards as part of any proposal to increase lot coverage under this subsection: (a) Provision of Options to acquire all necessary TDRs from a designated Sending Area as part of any application to the Development Review Board or Administrative Officer in accordance with Article 9 of these Regulations. (b) Recording of required documentation demonstrating completed transfer(s) of all necessary TDR, in a form acceptable to the City Attorney, shall be required prior to issuance of any zoning permit enabling use of increased lot coverage. (c) Only the minimum quantity of Transferrable Development Rights necessary to satisfy the requirements of the site plan or Planned Unit Development application may be transferred to the receiving parcel. If the minimum quantity of TDRs results in more available lot coverage on the receiving parcel than is required for the site plan or PUD application, that shall be noted in the decision and may be used in a subsequent application with no additional TDR transfer. (3) Combined Applications. In no case shall the options listed above be used in combination or in addition to one another. 10.07 River Corridor Overlay District (RCO) A. Purpose. It is the purpose of the River Corridor Overlay District to: (1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural, physical processes; (2) Allow for wise use of property within river corridors that minimizes potential damage to existing structures and development from flood-related erosion; (3) Discourage encroachments in undeveloped river corridors; and (4) Reasonably promote and encourage infill and redevelopment of designated centers that are within river corridors. B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay Page 202 10-21 South Burlington Land Development Regulations District designated in Section 3.01(B). C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein. D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from erosion damages. This regulation shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder. E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this regulation imposes a greater restriction, the provisions in these regulations shall take precedence. F. District General Provisions (1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying district or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the stricter provision shall apply. (2) RCO District Boundaries (a) Section 10.07 shall apply to the Statewide River Corridors in the City of South Burlington, Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that data based on field- based assessments which are hereby adopted by reference. (b) On perennial streams with a watershed size greater than half a square mile for which River Corridors have not been mapped by the State of Vermont, the standards in this Section shall apply to the area measured as fifty (50) feet from the top of the stream bank or slope, whichever is applicable based on a field determination consistent with the Vermont ANR Flood Hazard and River Corridor Protection Procedure. (c) Requests to update a river corridor map shall be in accordance with the procedure laid out in the ANR Flood Hazard Area and River Corridor Protection Procedure. (3) Jurisdictional Determination and Interpretation The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with respect to the boundaries of the RCO the location of the boundary on the property shall be determined by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO or the river corridor as mapped, the applicant has the option to either: (a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO boundary on the property; or (b) Request a letter of determination from ANR which shall constitute proof of the location of the river corridor boundary. In support of a letter of determination request, applicants must provide ANR a description of the physical characteristics that bring the river corridor delineation into question (e.g. the presence of bedrock or other features that may confine lateral river channel adjustment. When Page 203 10-22 South Burlington Land Development Regulations ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if a change to the river corridor delineation is justified, necessitating a river corridor map update. An ANR letter of determination will either confirm the existing river corridor delineation or will result in an update to the river corridor delineation for the area in question. If a map update is justified, an updated map will be provided with the letter of determination. G. Prohibited, Exempted, and Permitted Development in River Corridors (1) Prohibited Development in the RCO District The following are prohibited in the RCO District (a) New structures, fill, accessory dwellings and any other development that is not expressly listed as at least one of the Exempted Activities or Permitted Development as described below. (2) Exempted Activities The following activities do not require a permit under this section of the bylaw: (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. (b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change to the footprint of the structure or a change in use. (c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (e) Construction or repair of stream crossing structures (bridges and culverts), associated transportation and utility networks (new transportation or utility development that runs parallel to the river is not exempt and shall meet the Development Standards in section 10.07(I) below), dams, dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): (i) State-owned and operated institutions and facilities. (ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. (iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm structures, the Page 204 10-23 South Burlington Land Development Regulations farmer shall notify the AO in writing of the proposed activity. The notice shall contain a sketch of the proposed structure including setbacks. (iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (v) Telecommunications facilities regulated under 30 V.S.A. § 248a. (g) Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). (h) Subdivision of land that does not involve or authorize development. (3) Permitted Development. The following development activities in the RCO District are permissible upon approval, provided they meet all other requirements of the LDRs. (a) Construction of or additions to accessory structures that do not exceed, cumulatively, 500 square feet, and are not used for habitation. (b) Improvements to existing utilities that are within or immediately adjacent to an existing right of way and serve a building. (c) Replacement of on-site septic systems. (d) Construction of or additions to an unenclosed deck or patio attached to an existing structure, where such construction or additions are cumulatively 200 square feet or less and are located no less than 100 feet from the top of bank (or top of slope, if applicable). (e) River or floodplain restoration projects that do not involve fill, structures, utilities, or other improvements, and which the ANR Regional Floodplain Manager has confirmed in writing are designed to meet or exceed the applicable standards in this bylaw. H.Development Review Classification & Referral to Outside Agencies (1) A zoning permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain and River Corridor Definitions), in the River Corridor Overlay District. All permits shall require that a permittee have all other necessary permits from state and federal agencies before work may begin. (a) If a permitted development activity listed in subsection G(3) above meets the criteria for infill development and/or certain non-habitable and accessory structures in subsections I(2)(a) or I(2)(b), below, then the activity shall require an administrative review by the AO and may receive a Zoning Permit from the AO. (b) If permitted development activity listed in subsection G(3) above does not meet the criteria for infill development and certain non-habitable and accessory structures in subsections I(2)(a) or I(2)(b) then the proposal shall be reviewed by the Development Review Board as a Conditional Use and the DRB must find that the proposed development meets the River Corridor Performance Standard Page 205 10-24 South Burlington Land Development Regulations outlined in subsection I(2)(c) prior to issuance of a Zoning Permit by the AO. (2) Referrals to outside agencies (a) Upon receipt of a complete application for new construction or a substantial improvement, the Administrative Officer shall submit a copy of the application and supporting information to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR. (b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be provided to the following entities: affected adjacent communities, the River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. I. Development Standards. The criteria below are the minimum standards for development in the RCO District. Where more than one district is involved, the most restrictive standard shall take precedence. (1) Development within designated centers shall be allowed within the river corridor if the applicant can demonstrate that the proposed development will not be any closer to the river than existing adjacent development. (2) Development outside of designated centers shall meet the following criteria: (a) Infill Development must be located no closer to the channel than the adjacent existing principal Page 206 10-25 South Burlington Land Development Regulations buildings, within a gap that is no more than 300 feet (see Figure 1); or, (b) Down River Shadow: A non-habitable addition (garage, deck, patio, stairs, etc.) to an existing habitable structure, or an accessory structure that is adjacent to an existing structure, shall be located in the shadow area directly behind and further from the channel than the existing structure, or within 50 feet of the downstream side of the existing habitable structure and no closer to the top of bank or slope, as applicable. Below-ground utilities may also be placed within the same shadow dimensions Figure 1: In-fill Development Standard Page 207 10-26 South Burlington Land Development Regulations of an existing below-ground system (see Figure 2); or, (c) River Corridor Performance Standard. (i) The proposed development shall: a. not be placed on land with a history of fluvial erosion damage or that is imminently threatened by fluvial erosion; and, b. not cause the river reach to depart from, or further depart from, the channel width, depth, meander pattern or slope associated with natural stream processes and equilibrium conditions; and, c. not result in an immediate need or anticipated future need for stream channelization that would increase flood elevations and velocities or alter the sediment regime, triggering channel adjustments and erosion in adjacent and downstream locations. (ii) In making its determination, the DRB may request or consider additional information to determine if the proposal meets the River Corridor Performance Standard, including: a. Description of why the criteria for infill development and certain non-habitable and accessory structures in sub sections I(2)(a) and I(2)(b) above cannot be met; b. Data and analysis from a consultant qualified in the evaluation of river dynamics and erosion hazards; c. Comments provided by the DEC Regional Floodplain Manager on whether the proposal meets Figure 2: Shadow Area Development Standard Page 208 10-27 South Burlington Land Development Regulations the River Corridor Performance Standard. J. Submission Requirements. In addition to all information required for permitted development, the application shall include: (1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay District boundaries, the shortest horizontal distance from the proposed development to the top of bank (and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; (2) Project Review Sheet. A Vermont Agency of Natural Resources Project Review Sheet. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the Administrative Officer and attached to the zoning permit before work can begin. (3) Supplemental Application Requirements. (a) Information clearly demonstrating how the proposed development meets the requirements for infill development and certain non-habitable and accessory structures in subsection 10.07(I) Development Standards above; or (b) A narrative and supporting technical information from a qualified consultant that demonstrates how the proposal meets the River Corridor Performance Standard in subsection 10.07(I) Development Standards above, or (c) Evidence of an approved major or minor map update issued by ANR in accordance with the process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the proposed development is not located within the river corridor. (4) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive specific application requirements when the data or information is not needed to comply with Section 10.07 of this bylaw. K. Permit Conditions Permits for public water accesses and unimproved paths that provide access to the water for the general public and promote the public trust uses of the water shall include a condition prohibiting the permittee from actively managing the applicable section of river solely to protect the public water access from lateral river channel adjustment. Page 209 123456789101112131415161718192021222324252627282930313233ABCD EF G H I J KARTICLE 11A Street typologiesNOTE: SUBSTANTIALLY REVISED TEXT FROM CURRENT STDS SHOWN IN ITALICSStreet TypePedestrian StreetNeighborhood Street ‐ NarrowSupport StreetIndustrial Access Road Rural ConnectorCategoryLocalLocalLocal ‐ Neighborhood Local ‐ UrbanLocalCollector ‐ NeighborhoodCollector ‐ UrbanCollectorCollector/ArterialOff‐Street Bike/Ped FacilitiesRequired Facility TypePedestrian streetSidewalkSidewalkRecreation Path Sidewalk & Recreation PathPer Official MapPer Official MapFacility SidesN/A1 Side Required 1 Side Req'd 2 Sides Req'd 2 Sides Required1 side required 1 side each typeN/AN/AFacility Width10' Min5’ Min6' Min‐16' Max10’ Min 5' Min sidewalk, 10' Min rec pathN/AN/AAlternativesGreenbelt / Furniture ZoneMinimum Width (each side)N/A6’ min (may be outside sidewalk where integrated)5’ Min5’ Min5’ MinLandscaping Street trees shall be installed on one side at spacing requirements of applicable districtOn‐street bike/ped FacilitiesMin requiredShared with PedestrianShare the RoadShared the road4' bike LanesN/A Rec Path one side ‐ 10' Min5’ Min Bike Lane Each SideOptionsSidewalk may be integrated with street on dead‐end streetsParkingRequirementsN/ANot PermittedParallelNot PermittedParallelParallelNot PermittedSides of StreetN/AN/ATwo sides requiredN/A One side maximum One side maximumN/AC (Parking Ln Width)N/AN/A8’N/A8'8'Not PermittedVehicular Lanes# Through LanesN/A2 Lanes1 or 2 Lanes2 Lanes2 LanesTravel Ln WidthN/A9’ Min, 10’ Max9’ Min, 11’ Max11’ Min, 13’ Max11’ Min, 12’ MaxE (Pavement Width)Min 10', Max 30'20’ Min, 22’ Max20’ Min, 34’ Max22’ Min22’ MinF (ROW Width)16' Min (and at least 2' more than the facility width)40' Min50’ Min 50' Min60’ Min50’ Min60' Min60’ Min50’ MinDesign FeaturesDesign SpeedN/A25 mph30 mph25 to 30 mph30 to 45 mphDesign VehiclePedestrianP (Passenger Car)SU‐30 (Single Unit Truck)WB‐50 (Semi‐trailer) P (Passenger Car)Curbing*OptionalVertical Faced CurbNot required Vertical Faced CurbVertical Faced CurbNot SpecifiedNot SpecifiedCurb RadiusN/A5’ Min, 15’ Max5’ Min, 15’ Max15’ Min, 30’ Max5’ Min, 15’ MaxOne‐Way Traffic N/APermittedPermittedNot PermittedNot PermittedCenter/Left Turn InN/ANot PermittedPermittedPermitted Permitted for Left TurnsMedianN/APermitted only as Traffic Control Device or GatewayPermitted only as Refuge IslandPermittedPermittedTransit FacilitiesN/ADiscouragedEncouragedEncouragedEncouragedOwnershipPrivatePublic or PrivatePublic or PrivatePublic or PrivatePublicBicycle Boulevard6’ MinParallelNeighborhood StreetSidewalk5’ Min5' MinShare the RoadOne side maximum8’2 Lanes9’ Min, 10’ Max20’ Min, 26' Max5’ Min, 15’ Max25 mphDL‐23 (Delivery Vehicle)Vertical Faced Curb 5’ Min, 15’ Max2 Lanes9’ Min, 10’ Max28’ Min, 36’ Max25 mphDL‐23 (Delivery Vehicle)Not PermittedNot PermittedPermitted only as Traffic Control Device or GatewayDiscouragedPublic or PrivateNot PermittedNot PermittedPermitted only as Traffic Control Device or GatewayEncouragedPublic or PrivatePage 210 123456789101112131415161718192021222324252627282930313233ABARTICLE 11A Street TypeCategoryOff‐Street Bike/Ped FacilitiesRequired Facility TypeFacility SidesFacility WidthAlternativesGreenbelt / Furniture ZoneMinimum Width (each side)Landscaping On‐street bike/ped FacilitiesMin requiredOptionsParkingRequirementsSides of StreetC (Parking Ln Width)Vehicular Lanes# Through LanesTravel Ln WidthE (Pavement Width)F (ROW Width)Design FeaturesDesign SpeedDesign VehicleCurbing*Curb RadiusOne‐Way Traffic Center/Left Turn InMedianTransit FacilitiesOwnershipLMNAvenuePathAlleyArterialRec path on one side; sidewalk on otherN/AN/A1 side each typeN/AN/A6’ Min to 10’ Max sidewalk; 10' Min rec pathN/AN/ASidewalk/rec path can be split to each side of road6’ Min, 12’ MaxN/AN/A4' Bike LaneLocation and DirectionalMarkings*Not Required5' cycletrack (ea direction) can replace bike lanesParallel/AngledN/ANot PermittedPermittedN/AN/APer LDRs**N/AN/A2 to 4 LanesN/A1 Lane10’ Min, 12’ MaxN/AN/A36’ Min, 80’ Max 10’ Min, 14’ Max 16’ Min., 20’ if for Fire Access66’ MinN/AN/A30 mphN/AN/ASU‐30 (Single Unit Truck) BicyclesDL‐23Vertical Faced Curb No CurbNo Curb10’ Min, 20’ MaxN/A 5’ Min, 15’ MaxNot PermittedN/APermittedPermittedN/ANot PermittedPermittedN/AN/AEncouragedN/ANot PermittedPublicPublic or Private PrivatePage 211 APPENDIX F Open Space Requirements F-1 Type Civic Space Civic Space Civic Space Civic Space Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Neighborhood Park Greenway Green Square Plaza Pocket Park Pocket Plaza Playground Community Garden FBC applicability (where may be located) T3, T3+, T4 T3, T3+, T4 T3, T3+, T4 T4, T5 T4, T5 All T4, T5 All All PUD Applicability All PUD Types All PUD Types CON, TND, NCD TND (8+DU/A), NCD, IRD NCD, IRD--Mixed Use All PUD Types NCD, IRD-Mixed Use All PUD Types All PUD Types Description Informal, primarily natural green space managed for passive unstructured recreation, limited structured recreation, and community gatherings, events Linear, informal, primarily natural green space that typically borders and may incorporate a natural feature such as a riparian or habitat corridor, or a connecting recreation or pedestrian path Informal but well-defined natural and landscaped green space, designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events Formal, well-defined and landscaped, outdoor living space designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events Formal, well-defined, landscaped and hardscaped outdoor living space, designed and managed for foot traffic, social interaction, civic and commercial activities and events, and use by adjoining businesses A small, landscaped green space, designed and managed as an outdoor living "room" for more limited passive recreation and social interaction. A small, formally landscaped and hardscaped outdoor area or "room," designed and managed for foot traffic, social interaction, and limited civic and commercial activities Open space designed and equipped for children; may be included in other open/civic space types Open space consisting of a grouping of garden plots for use by neighborhood residents; may be included in other open/civic space types Service Area Intended to serve multiple neighborhoods located within walking or biking distance (1/2 mile) of the park. Typically located between adjoining neighborhoods. May also serve as a buffer area between incompatible development Intended to serve and connect multiple neighborhoods, open space areas, public facilities, and mixed use centers, as part of the City's planned open space and recreation path network. Typically located within edge/buffer areas; may serve as a buffer area between incompatible development Intended as the focal point of a residential or mixed use neighborhood that serves to enhance neighborhood identity and character, and accommodates neighborhood gatherings and events. Typically centrally located to the area (streets, blocks) it serves Intended to serve as a focal point, and outdoor living space, in a more urban, higher density residential or mixed use neighborhood. Typically centrally located to the area (streets and blocks) it serves; may also front civic buildings Intended to serve adjacent sites on a street or block face within a more densely developed commercial or mixed use area. Typically located at a street intersection, but may also be located midblock. Intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner. Especially suited for infill development in neighborhoods that lack open space. More urban version of a pocket park; intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner. May be a type of civic space, feature within a civic space, or a building amenity. May be a type of civic space, feature within a civic space, or a building amenity. Typical Features Paths, trails, trees, ballfields, playground, dog park, play area, community garden, small accessory structures, seating; may include a small farm in appropriate context; may include limited onsite parking. Recreation path, trail, trees, small accessory structures, water fountains, seating areas, overlooks; vehicle parking limited to access points/trail heads Paths, trails, seating areas, trees, gardens, public art, small accessory structures; no onsite parking Formally arranged paths, trees, gardens, seating areas, public art, fountains, small accessory structures, no onsite parking Seating areas, vendor areas, public art, fountains, ornamental trees, planters, small accessory structures/buildings; no onsite parking Path, seating area, trees, gardens, community garden playground, public art, small accessory structure; no onsite parking Seating area, vendor area, public art, fountain, ornamental trees, planters, small accessory structures; no onsite parking Playground equipment, fountains, small accessory structure (e.g., shelter), seating area Garden plots, accessory facilities/structures (e.g., water source, equipment shed); limited/no parking Lot Size Minimum: 3 acres Maximum: None Minimum Width: 50 FT No minimum length or overall size; but must be designed to serve the entire development, and to connect to the existing or planned path or open space network in the vicinity of the project Minimum: 20,000 SF Maximum: 120,000 SF Minimum: 20,000 SF Maximum: 80,000 SF Minimum: 20,000 SF Maximum: 60,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF as a Civic Space; 1,500 SF as a Site Amenity Minimum: 5,000 SF as a Civic Space Lot Coverage 0% Min, 30% max 0% Min, 30% max 0% Min, 20% max 0% Min, 30% max 60% min, 100% max 0% min, 50% max 60% min, 100% max Frontage Independent of building frontage; typically fronts on at least one public street; and may be accessed via one or more streets, recreation, or pedestrian paths. Independent of building frontage or bordering streets, but a street may serve as a boundary. Typically accessed via intersecting streets, recreation, or pedestrian paths. In developed areas, maybe spatially defined by landscaping or attractive fencing. Typically has frontage on two or more streets with adjacent buildings and main building entrances facing the Green. Civic building lots, where present, also border and front on the Green. Typically has frontage on one or more streets, with adjacent buildings and main building entrances facing the Square. Civic building lots, where present, typically also border and front on the Square. Typically has frontage on one or two streets, with adjacent buildings that front on or have public entrances facing the Plaza. Prominent civic buildings, where present, may also front on the Plaza. Typically has frontage on one or two streets; and may be spatially separated from adjoining properties by attractive fencing and landscaping that define the space. Typically has frontage on one or two streets, and is defined and enclosed by adjacent building facades, with compatible architectural elements, such as low walls, screening, or fencing and landscaping that define the space. If a civic space, must be accessible from public street If a civic space, must be accessible from public street Other:May also serve as a feature within a different applicable Civic Space (1) See "Shared Garden Space" for the Site Amenity version of this use. (2) may also serve as a feature with Notes: Neighborhood Civic Spaces may include or incorporate stormwater management practices. Any such practice must be designed to service the description and service intent of the applicable service space type and complement the features. The Board may exclude stormwater practices from the calculation of minimum civic space requirements where it finds the practices to be excessive to the primary purpose of the civic space type South Burlington Land Development Regulations Page 212 APPENDIX F Open Space Requirements F-1 Type Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium Courtyard Shared Garden Space Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Private Yard Space Enhanced or Recreational Wetlands/Stormwater Treatment Area Wooded Area Applicability All FBC Districts (must be associated with a restaurant) Buildings having 3 or more stories in T4 and T5 T4, T5 All FBC Districts All FBC districts.All FBC districts All FBC districts; Parcels with land within the Urban Design Overlay District T4, T5 All FBC districts T-3 and T3+ Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. Description & Service Intent An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink Accessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Land set aside and maintained for production of food to be used primarily for participating gardeners. A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas. Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers. Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. Private yard space associated with a residential unit. An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimally necessary for water resource management. Naturally occurring area with predominance of canopy trees with enhancement and public access. Size Minimum 100 sq. ft.500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall. 5,000-20,000 sq. ft.Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space. 600-4,000 sq. ft.8' minimum width; 24' maximum width. 50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. As directed by minimum requirements. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space. 2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space. Location & Access Highly visible, directly adjacent to public right of way. See additional public realm standards below. Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non- Residential, must provide adequate signage about location Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space available and inviting to the general public. Physically defined by surrounding buildings on three or four sides. May not be located in any class wetland or wetland buffer. Shall have proper drainage. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system. Must be directly adjacent to public right of way and sidewalk or operable building entry. Applicants are encouraged to consider lighting and safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Directly adjacent to and accessible to at least one entry of the associated dwelling unit. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site.Seating*, Tables, Etc. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space. One seating space for every 50 sq.ft. of terrace area. Provide one seat for every 100 sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 sq.ft. of courtyard area, with a minimum of 10 seating spaces. None required. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will One seating space for each 150 sq.ft. Seating is encouraged, but there shall be no minimum requirement. No requirements. If functional for sitting and viewing, seating can be ledges, benches, and/or stairs. Light enhancement expected. Must include improvements, including cleared paths and benches. Landscaping, Design- For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable Deep rooted native plants and grasses. Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead If paved, area shall provide trees or large potted plants at no more than 50 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1- 3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of No requirements. Landscaping, lawns or planned seating/dining areas (patios and decks) are encouraged. LID techniques; no fencing permitted. Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Commercial Services, Food May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals. Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1. 30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted Not permitted. Not permitted.Permitted 40% of area may be used for restaurant seating. Not permitted.Not permitted. Not permitted. Not permitted. Sunlight and Wind Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing. Sunlight to sitting areas for most of day. Full sunlight. Appropriate to the plant species selection. No requirements No requirements. Exterior to building. Appropriate to the plant species selection. No requirements Other Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. See LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements. Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant-owned property. Notes: Seating dimensions: *Required dimensions for one seating space or one seat are as follows: Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees Depth: 14" one-sided; 30-36" double-sided Materials All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application. South Burlington Land Development Regulations Page 213 ARTICLE 11C Description PUD Types Dwelling Units Lot Area Lot Width Building Height Setbacks Frontage Buildout Frontage Types Pedestrian Access Vehicle Access, Parking See Illustrations (DU) Square Feet (SF) Feet (FT) Stories Feet (FT) % Lot Width See Illustrations See Illustrations See Illustrations HOUSING TYPES . Cottage A compact, detached housing type, consisting of a single, principal dwelling unit with a total footprint 1,200 SF or less, on a small lot that fronts on a local street or shared courtyard, with limited front, side, and rear yards. The equivalent of a single family dwelling as defined under the Regulations. Intended to contribute to the variety and mix of housing available within a walkable residential or mixed use neighborhood, to include compatible Cottage Court housing arrangement (see T-3 “Cottage Court” standards). TND 1 DU/Lot, not including ADU Cottage Court Min: 3 DU, Max: 9 DU/ Site Min: 3,000 SF Max: 5,000 SF Cottage Court Lot area may be reduced to 1,200 SF Min: 30 FT Max: 50 FT Cottage Court Lot width may be reduced Min: 1.0 Max: 1.5 Front (BTZ): 10 to 25 FT Side: Min: 5 FT Rear: Min: 10 FT, or 5 FT from a rear alley Cottage Court Setbacks may be reduced to 5 FT Not applicable. Dooryard Porch Stoop One main entrance per building. Main entrance must face the street, common civic space, or a shared courtyard, and be accessed from the street by a connecting walkway. Secondary entrance(s) to the side or rear. Access Rear Lot: Alley, Service Lane Front Lot: Shared Driveway, only if no viable rear access exists Parking On-street: by Street Type, within lot frontage Front Lot: Driveway, outside of BTZ Rear Lot: Pad, Detached Garage Off-Lot: Shared Detached House A detached housing type, consisting of a single, principal dwelling unit with a total footprint greater than1200 SF on a lot that fronts on a local street or shared civic space and has front, side, and rear yards. The equivalent of a single family dwelling as defined under the regulations. Typically the most common housing type within a walkable, low to moderate density residential neighborhood. TND 1 DU/Lot, not including ADU Min: 5,000 SF Max: 10,000 SF Min: 50 FT Max: 80 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 25 FT Side: Min: 10 FT Rear: Min: 10 FT, or 5 FT from a rear alley Not applicable. Yard Dooryard Porch Stoop One main entrance per building. Main entrance must face the street or shared civic space, and be accessed by a connecting walkway that is separate from the driveway. Main entrance must be prominent, visually prominent, and separate from an attached garage entrance. Secondary entrance(s) to the side or rear. Access Rear Lot: Alley, Service Lane, Front Lot: Single or Shared Driveway Side (Corner) Lot: Single Driveway Parking On-street: by Steet Type, within lot frontage Front/Side Lot: Attached Garage, Pad Rear Lot: Detached Garage, Carriage House, Pad Footprint: Tuck Under, loaded from front or rear Page 214 Carriage House A detached, accessory housing type that is located on the same lot, and to the rear of a Detached House or Cottage. A Carriage House is the equivalent of an Accessory Dwelling Unit as defined under the Regulations. A Carriage House must be clearly subordinate in size and scale, and architecturally similar to the principal dwelling on the lot. Intended to provide affordable housing within a walkable residential neighborhood. TND 1 ADU/Lot Not applicable. Not applicable Min: 1 Max: 1.5 Must be located a minimum of 10 FT behind the principal building, and meet required side and rear setbacks applicable to the principal building Not applicable. Not applicable. But must have a either shared or dedicated yard area or outdoor space for use of residents Private entrance; accessible by a connecting walkway from front or side street, or rear alley Access Rear Lot: Alley, Service Lane Front Lot: Shared Driveway, with principal dwelling Side Lot: Single Driveway Parking On-Street: by Street Type, along lot frontage Side Lot: Driveway, outside ROW Rear Lot: Pad Footprint: Ground Floor May also be shared with principal dwelling. Duplex A housing type that consists of two dwelling units, either attached, on individual lots, separated by a common dividing wall along the property line; or stacked on a single lot, separated by floor level; with individual or shared front, side, and rear yards. The equivalent of a Two-Family Dwelling as defined under the Regulations. A Duplex is similar in size, scale, and appearance to a Detached House, and is designed to fit within a traditionally single family neighborhood. Intended to provide additional housing options within walkable neighborhoods. TND 1 to 2 DU/Lot Attached: Min: 2,500 SF Max: 5,000 SF Stacked: Min: 5,000 SF Max:10,000 SF Attached: Min: 25 FT Max: 50 FT Stacked: Min: 50 FT Max: 80 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 25 FT Side: Min: 0 FT (attached) or 10FT Rear: Min: 10 FT; or 5 FT from a rear alley Not applicable. Yard Dooryard Porch Stoop Maximum of two entrances (one/DU). Main entrance(s) to must face, and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared Driveway Side Lot: Shared Driveway Parking On-Street: by Street Type, within lot frontage Front/Side Lot: Attached Garage; maximum of one bay per side, with 10 FT facade setback Rear Lot: Pad, Detached Garage Footprint: Tuck Under, loaded from front or rear Townhouse An attached housing type, also referred to as a rowhouse, in which 3 to 5 relatively narrow dwelling units, each separated by a common dividing wall along the property line, form a single row of housing that fronts on the street, common civic space, or a shared courtyard. Each townhouse is located on a separate lot, with a separate entrance, front and rear yard; an end unit may also incorporate a side yard. The equivalent of a Townhouse or Rowhouse, as defined under the Regulations. This housing type typically shares uniform plans, fenestration, and architectural elements, but should also incorporate some variation between individual units. Intended to provide more concentrated housing options within walkable neighborhood or mixed use centers. TND 1 DU/ Townhouse 3 to 5 Townhouses/ Row Min: 1,200 SF Max: 3,000 SF Min: 20 FT Max: 30 FT Min: 2.0 Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 0 FT (attached), or 10 FT (end) Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area Not applicable. Dooryard Porch Stoop One main entrance per unit. Main entrance to each unit must face the street, common civic space, or a shared courtyard and be accessed from the street by a connecting walkway. Secondary entrances to the rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Parking On-street: by Street Type, within lot frontage Rear Lot: Pad, Detached Garage Footprint: Tuck Under, accessed from rear Off-Lot: Shared, screened surface parking, located behind townhouse lots, connected by a common pedestrian walkway. Page 215 Multiplex, Small A single, detached, multiunit residential building that includes three or four dwelling units on a single lot, with shared front, side, and rear yards, and shared parking. Similar in size, scale and appearance to a larger Detached House, to fit within the context of a traditional single family residential neighborhood, typically on a larger corner lot. A type of Multifamily Dwelling, as defined under the Regulations. Intended to allow for compatible, well- designed residential or infill development that provides housing options within a walkable, predominantly single family or mixed use neighborhood. TND 3 to 4 DU/Building, Lot Min: 5,000 SF Max: 10,000 SF Min: 50 FT Max: 100 FT Min: 2.0 Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 10 [5] FT Rear: Min: 10 FT; may be reduced to 5 FT from rear alley Not applicable. Yard Dooryard Porch Stoop One main entrance per building, except on a corner lot. Main building entrance(s) must face and be accessed from street by a connecting walkway. Secondary entrances to the side or rear Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Shared Driveway Side Lot: Shared Driveway Parking On-street: by Steet Type, within lot frontage Rear or Side Lot: Screened surface parking, connected by a pedestrian walkway Multiplex, Medium A detached multistory residential building that includes 5 to 12 dwelling units on a single lot, with shared yards, courtyard, or designated common space areas, and shared parking. A type of Multifamily Dwelling, as defined under the regulations. Nonresidential uses, other than accessory uses or amenities specifically intended for access and use by building residents, are prohibited. Intended to provide compatible residential or infill development within walkable, moderate density mixed use neighborhoods. TND 5 to12 DU/ Building, Lot Min: 10,000 SF Max: 25,000 SF Min: 75 FT Max: 200 FT Min: 2.0 Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 10 FT Rear: Min: 10 FT; may be reduced to 5 FT from rear alley Not applicable. Yard Forecourt Porch Main building entrance(s) must face the street or a shared courtyard and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Shared Driveway Side Lot: Shared Driveway Parking On-Street: by Steet Type, within lot frontage Side or Rear Lot: Screened surface parking, connected by a pedestrian walkway Footprint: Ground Floor (Pedestal), Underground; accessed from side or rear MIXED USE & NONRESIDENTIAL BUILDING TYPES Cottage Commercial A small, detached nonresidential or mixed use building on a single lot with front, rear, and side yards, which is similar in scale and appearance to a Detached House. May accommodate a mix of compatible residential and nonresidential uses intended primarily to serve the local neighborhood. TND Max: 1 DU Min: 5,000 SF Max:15,000 SF Min: 30 FT Max: 100 FT Min:1.5 Max 2.0 Front (BTZ): 10 to 20 FT Side: Min:15 FT Rear: Min: 10 FT, or 5 FT from a rear alley Not applicable Yard Dooryard Porch Stoop, Storefront One main entrance per building, Main entrance must face the street or a common civic space and be accessed from the street by a connecting walkway. Secondary entrance(s) to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared Driveway Side Lot: Single Driveway Parking On-street: by Steet Type, within lot frontage Side or Rear Lot: Screened surface parking, connected by a common walkway Off-Lot: Shared off-site or public parking Page 216 Live/Work An attached, mixed use variant of the Townhouse, consisting of an upper story dwelling unit, and ground story nonresidential space that fronts on the street, and is intended to accommodate a home-based business, studio, or storefront that is owned, managed and operated by the building resident. TND 1 DU/ Live Work Townhouse 3 to 5 Townhouses/ Row Min: 1,200 SF Max: 3,000 SF Min: 20 FT Max: 30 FT Front (BTZ): 10 to 20 FT Side: Min: 0 FT (attached), or 15 FT (end) Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area Dooryard Porch Stoop. Storefront One main entrance per unit. Main entrance to each unit must face the street, common civic space, or a shared courtyard and be accessed from the street by a connecting walkway. Secondary entrances to the rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Parking On-street: by Street Type, within lot frontage Rear Lot: Pad, Detached Garage Off-Lot: Shared, screened parking, located behind townhouse lots, connected by a common pedestrian walkway. Neighborhood Storefront A small, detached nonresidential or mixed use building, such as a corner store, with a footprint of 1,500 to 3,000 SF, which is designed to fit into the fabric of a walkable, residential neighborhood, and to accommodate neighborhood commercial uses accessible to the general public on the ground floor (street level), and compatible upper story residential or nonresidential uses. Residential uses are prohibited on the ground floor. TND Not Applicable Min: 5,000 SF Max: 20,000 SF Min: 50 FT Max: 100 FT Min: 1.5 Max: 2.5 Front (BTZ): 10 to 20 FT Side: Min: 15 FT Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area Forecourt Storefront One main entrance per building. Main building entrance must face the street and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared Driveway Side Lot: Single Driveway Parking On-street: by Steet Type, within lot frontage Side or Rear Lot: Screened surface parking Off-Lot: Shared off-site or public parking Civic Building A detached or attached principal building intended for civic use that varies in size and scale in relation to its development context – ranging from a small neighborhood community center to a large public building designed for public assembly and use. A civic building is typically centrally located to the neighborhood or area it serves and is designed to stand apart from its surroundings. A civic building may be developed in association with or independently from a Civic Space. TND Not applicable. Min: 5,000 SF Max: NA Min: 50 FT Max: NA Min: 1.5 Max: By PUD Type Front (BTZ): 10 to 20 FT Side: Min: 0 FT (attached), or 15 FT (end) Rear: Min: 10 FT; or 5 FT from a rear alley or shared parking area Not applicable. Minimum of one main entrance per building. Main building entrance(s) must face the street or a civic space and be accessed from the street by a connecting walkway. Secondary entrances to the side or rear. Access Rear Lot: Alley, Service Lane, Shared Driveway Front Lot: Single or Shared Driveway Side Lot: Single Driveway Parking On-street: by Steet Type, within lot frontage Side or Rear Lot: Screened surface parking. Off-Lot: Shared off-site or public parking Page 217 [Reserved] Supplemental Standards Accessory Structures: (1) Detached accessory buildings, where allowed, must be located to the rear of the lot behind the principal building, meet minimum side and rear setback requirements applicable to the principal building, and be clearly subordinate in size and scale to the principal building. Cottage Court Standards (1) For Cottages in a Cottage Court arrangement, see associated site, courtyard, and lot standards specific to a Cottage Court under T-3 “Cottage Court” (p. ___) Parking Standards: (1) All onsite parking areas and structures must meet required side and rear lot setbacks, unless shared with an adjoining property. Single or shared driveways may be located within side yard setbacks. (2) An attached garage must be set back 12 FT from the front facade (wall plane), unless otherwise specified by Building Type. (3) A front facing garage must be positioned a minimum of 5 FT behind the front façade (wall plane); extend no more than 40% of the width of the house; and must include windows and architectural treatments that blend in with the principal façade and serve to minimize its visual impact as viewed from the street. (4) All side or rear lot surface and ground floor (pedestal) parking associated with a multi-family, nonresidential, or mixed use must be screened from the street, and adjacent civic spaces and residential properties. Page 218 ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES South Burlington Land Development Regulations 11 TRANSECT ZONE STREET TYPOLOGIES 11.01 Applicability A. General. This Article provides standards which shall be followed for the construction of new streets and reconstruction of existing streets within the City Center Form Based Codes District and is intended to provide a catalog of preapproved street types. Article 15 contains additional applicable standards. B. Specific Requirements and Modifications. All streets shall be constructed with sidewalks, greenbelts, bike facilities, medians, travel lanes, and on-street parking as specified for each street type, unless an alternative is approved by the Development Review Board , as specifically authorized within Section 11.06. C. Review Authority. Notwithstanding any provision to the contrary within these Land Development Regulation, authority under this Article 11 assigned to the Development Review Board shall be reviewed by Development Review Board. 11.02 Street Types A. Intent and Purpose. The community role and traffic tolerance is the intent and purpose of each street type in South Burlington and should be considered throughout the design process. B. Intended Uses and Activities. Intended uses and activities are the most likely uses of the street as envisioned by the community. The arrangement from left to right shall be the order in which the listed competing uses and activities are weighed and considered in deciding the appropriate street type and aspects of the design of the street. C. Standards. Street Design standards Tables 15-1 – 15.1E and Article 11 of these Regulations specify the street design standards that shall be followed in designing, redesigning, modifying, or reconstructing a street, except as follows: (1) Street, streetscape and any other construction or improvements along or within the existing or proposed right-of-way for Market Street, Garden Street and Midas Drive and for the Williston Road intersections of Midas Street/White Street and Patchen Road/Hinesburg Road shall conform to engineered plans developed by the City and as modified by the Director of Public Works. 11.03 New Streets A. Where a proposed street is required, it shall be constructed in conformance with the applicable street type standards B. Determination of applicable street types. The applicable street type standards for each section of roadway shall be determined as follows: (1) Any street type listed for a specific section of roadway on the Official Zoning Map shall be the applicable street type for the purposes of these regulations. (2) Any street type listed for a specific section of roadway on the Official Map shall be the applicable Page 219 ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES South Burlington Land Development Regulations street type for the purposes of these regulations (3) Where a new street, pedestrian pass, mid-block lane, or other similar roadway is required or proposed, the Development Review Board shall determine the applicable street type. Any such determination shall be based upon a review of supporting documentation from the applicant (or City, at its discretion) which shall consist, at a minimum, of the following information: (i) A statement of the proposed street type and specific reasons for the choice of proposed street type; (ii) The project traffic volumes, including trucks, pedestrians, and bicyclists, and other relevant information; and, (iii) A statement of compatibility with the present and anticipated improvements to adjacent roadway sections. (b) In makings its determination, the DRB shall consider the following: (i) Only street types listed as “allowable street types” in the relevant Building Envelope Standards shall be eligible; (ii) The intent of the potentially applicable street typologies; (iii) The anticipated adjacent development patterns; (iv) Planned, proposed, or anticipated connections and extensions from existing roads; (v) Facilities needed to accommodate anticipated users, including vehicles, pedestrians, and cyclists; (vi) Long range studies, capital plans, the Comprehensive Plan, and related planning & policy documents prepared by or with the City of South Burlington; and (vii) Recommendations from the Public Works and Planning & Zoning Departments 11.04 Existing Streets A. Extension or Substantial Rebuilding. An existing street shall not be extended or substantially rebuilt, as determined by the Development Review Board as applicable, except in conformance with this Article and Article 15. B. Minimum Requirements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in Section 8.09 (D) of these Regulations, whether conforming or non- conforming, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. C. Maintenance. Street repairs undertaken as part of an annual operating budget are not subject to meeting the street type standards. 11.05 Design Controls A. Design Speed and Design Vehicle. The specified design speed and design vehicle shall be applied as design controls, unless an alternative is approved by the Development Review Board based on site specific Page 220 ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES South Burlington Land Development Regulations considerations. Target speed shall not be used as a design control per se, but should guide decisions within the given range of potential values based on the selected design speed. B. Bikeways. Where another plan or ordinance specifies a higher class of bikeway, said document shall supersede the typology. C. Curb Radii. The physical curb radius may be greater than the specified range, but only if the effective radius remains within the range. Example: where a bump-out or neck-down extends the curb. D. Bus Routes. When the specified design vehicle is smaller than the transit vehicle on street segments occupied by either operating or planned fixed route service, the design vehicle shall be adjusted to match the transit vehicle. However, the design of the curb radii should only be altered at corners affected by routine turning movements by the transit vehicle. E. Wetlands and Conservation Areas. Where any street type crosses a wetland or traverses a conservation area on both sides of the right-of-way, the minimum pavement width of that section of the street may be reduced to 18’. F. Cross Section Graphics. The cross sections depicted for each street type do not specify the required cross section for that street type. The cross section graphics depict a typical envisioned street design based on the dimensional standards. 11.06 Modifications A. General. The Development Review Board may specifically authorize modification of the City’s Roadway standards in the Transect Zone Street Typologies. Any such authorization shall be based upon a review of a specific request from the applicant or the City which shall consist, at a minimum, of the following information: (1) A statement as to the specific design standard or feature for which a modification is requested and a discussion of each proposed feature of the project which does not comply with the standards; (2) The significant reason(s) why the cited standard cannot be achieved; (3) Estimated costs to construct to the standard and to the proposed design (if available); (4) The project traffic volumes, including trucks, pedestrians, and bicyclists, and other relevant information; (5) A statement of compatibility with the present and anticipated improvements to adjacent sections; (6) A review of accident data for the site to determine if the types of accidents occurring are or may be related to the proposed feature; (7) A discussion of practical countermeasures that will be employed to reduce the frequency and severity of future accidents; and, (8) A statement of recommended action, including other mitigating features as appropriate. B. Determination. In makings its determination, the DRB shall consider the following: (1) The purpose of the Transect Zone in which the project is located; Page 221 ARTICLE 11 TRANSECT ZONE STREET TYPOLOGIES South Burlington Land Development Regulations (2) The intent of the applicable street typology; (3) The minimum street standards needed to accommodate the stated design vehicle; and, (4) Recommendations from the Department of Public Works, the Fire Department, and the Department of Planning & Zoning as appropriate. Any modification shall represent the least deviation possible from the purpose and intent of the minimum design vehicle standards. 11.07 Street Typologies Symbology & Notes; Intended Uses & Activities Pedestrians Bicycling Play Personal Vehicle Traffic Truck & Freight Traffic Free or Metered Parking School Bus Traffic Transit Traffic, Boarding, & Alighting Deliveries Outdoor Dining & Cafés Shopping Postal Service Utilities Rubbish & Recycling Page 222 12-1 South Burlington Land Development Regulations 12 ENVIRONMENTAL PROTECTION STANDARDS 12.01 General Protection Standards and Review Procedures 12.02 Restricted Infrastructure Encroachment 12.03 Steep Slopes 12.04 Habitat Block Overlay District 12.05 Habitat Connector Overlay District 12.06 Wetland Protection Standards and Review Procedures 12.07 River Corridor Overlay District 12.08 Flood Hazard Area Overlay District 12.01 General Protection Standards, Classifications and Review Procedures A. Purpose. It is the purpose of this Article to implement, from a regulatory perspective, the Comprehensive Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South Burlington” and objective to “promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets” in balance with the overall goals and objectives of the Comprehensive Plan. This Article establishes application requirements and development standards designed to avoid or minimize undue adverse effects on these natural resources. The natural resources regulated in this article may also be subject to specific subdivision or planned unit development standards. Where there is conflict between subdivision or planned unit development standards, and the standards in this article, the standard that imposes the greater restriction shall apply. B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and Level II Resources. Table 12-01 – Classification of Natural Resources Location in Regulations Initial Identification Field Verification / HDA Hazards Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested River Corridor except intermittent streams 12.07 ANR Atlas If requested Class I, II Wetlands, Buffers 12.06 ANR Atlas Required Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted Level I Resources Habitat Block Overlay District 12.04 Habitat Block and Connectors Overlay District Map N/A unless seeking exchange per Section 12.04 Habitat Connector Overlay District 12.05 Habitat Blocks and Connectors Overlay District Map N/A unless seeking modification per 12.05 Level II Resources Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted Class III Wetlands, Buffers 12.06 ANR Atlas If impacted Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted Page 223 12-2 South Burlington Land Development Regulations River Corridor - Intermittent Streams 12.07 Site Mapping If impacted C. Applicability of Standards. All development must comply with the provisions of this Article, unless otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and working lands, unless explicitly waived or amended in this section. Exemptions include: (1) Construction of fences (i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing occurred prior to [effective date of this provision] or was approved by the DRB in accordance with this Article; or (ii) erected for standard agricultural purposes or, (iii) lower than 4 feet and that have at least 16 inches of clearance between the lowest horizontal part of the fence and the ground. In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations. (2) Exemptions as specified elsewhere in these Regulations. D. Development Review Process. All development that may encroach upon a natural resource regulated in Article 12 shall be subject to Site Plan Review by the Development Review Board (see Article 14). However, if the encroachment is proposed as a part of a subdivision or Planned Unit Development application, the proposed encroachment shall be reviewed under those procedures and standards instead of Site Plan Review. Other exceptions include: (1) Applications involving development on Steep Slopes (Section 12.03) shall be subject to administrative Site Plan Review (Section 14.04), unless the application is for a single-household dwelling or a two-household dwelling or associated accessory structures, in which case the application shall be subject to zoning permit review by the Administrative Officer. 12.02 Restricted Infrastructure Encroachment A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall be met in order for an encroachment to be allowed. B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of development listed in this subsection: (1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband, telephone). (2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I Resources, or Level II Resources. (3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II Resources (e.g., designed to minimize disturbance of the subject natural resources). (4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II Resources (e.g., designed to minimize disturbance of the subject natural resources). (5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project. C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a finding that the proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria: Page 224 12-3 South Burlington Land Development Regulations (1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards, and/or necessary for the protection of the public health, safety and welfare; (2) Is for a functionally dependent purpose or use; (3) Is a part of an Environmental Restoration Project; (4) Is on the Official Map; (5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area; or (6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an approved use. D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall be subject to the development review process outlined in Section 12.01(D). E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards: (1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04). (2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects involving streets and/or driveways not shown on the City Official Map that cross River Corridors (Section 12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04) may be allowed only upon a determination by the Development Review Board that all resource-specific standards and the following standards have been met: (a) There is no feasible alternative for providing safe access to the developable portion of the property; (b) Alternative accesses through adjacent properties have been considered and, where fewer or no constraints exist, property owners have been contacted to discuss locating the street or driveway on the adjacent property; (c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic hardship; (d) The area served by the encroachment represents more than thirty (30) percent of the total developable land on the parcel; and, (e) The encroachment represents the least possible impact to the specific resource (e.g., location with least adverse impact, designed to minimize disturbance of the resource). 12.03 Steep Slopes A. Purpose. It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as mapped and delineated for this purpose, in order to: (1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water quality. (2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls, slides, slumps and other downslope movements of materials or structures. (3) Maintain and re-establish vegetation on steep slopes to stabilize soils. Page 225 12-4 South Burlington Land Development Regulations (4) Ensure that development on steep slopes is constructed and maintained in conformance with best management practices for construction, stormwater management and erosion control. B. Applicability. All development is subject to the standards below where steep slopes or very steep slopes are present. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. An analysis of slope stability prepared by a licensed engineer shall also be submitted to ensure that no erosion hazards are created that would have an undue adverse effect on surface waters, wetlands, areas of special flood hazards, or downstream facilities, and any recommended mitigation measures D. Review Process. Per Section 12.01(D), applications involving development on Very Steep Slopes or Steep Slopes shall be reviewed via administrative Site Plan Review (Section 14.09), unless the application is for a single-household dwelling or two-household dwelling, in which case the application may be approved via a zoning permit reviewed by the Administrative Officer. E. Standards. (1) Very Steep Slope Standards. Development other than Restricted Infrastructure Encroachment is prohibited on slopes greater than 25%. (2) Steep Slope Standards. All development must be designed to avoid undue adverse effects on slopes between 15% and 25%. Clearing of vegetation, excavation and filling on steep slopes shall be minimized. All recommendations of the slope stability analysis submitted with the application shall be required by the DRB or Administrative Officer. F. Exemptions. (1) Removal of Earth Products. Slopes exceeding 15 percent that are created by an approved earth products removal use shall be exempt from the regulations of this subsection. 12.04 Habitat Block Overlay District A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety of wildlife species and provide opportunities for some species to access several habitat areas, the City engaged a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and unmanaged wetlands. Based on the information in that report, the City has designated certain areas permanently as Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid undue adverse effects from development on these resources, promote the natural succession of vegetated areas of native vegetation in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase infiltration and base flows in the City’s streams and Lake Champlain. B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the Habitat Block and Habitat Connector Overlay Districts Map, except as follows: (1) On lots less than one (1) acre in size existing as of the effective date of these Regulations; (2) On land located within a 50-foot horizontal distance of a principal building existing on the same parcel as of the effective date of these regulations; Page 226 12-5 South Burlington Land Development Regulations (3) On land authorized by the Development Review Board to be removed from or added to a Habitat Block pursuant to the modification options of this section or as part of a Conservation Planned Unit Development. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a Habitat Disturbance Assessment, the submittal requirements of Section 12.04J shall apply. D. Modification of Habitat Block. An applicant may request approval from the Development Review Board to modify a Habitat Block in any of the following manners. An applicant may select any one of the three modification options below. A development application may not include more than one option for any application. Land located within the SEQ-NRP zoning sub-district, Hazards, or Level I Resources, previously approved as open space or conserved land, subject to a deed restriction prohibiting development, subject to a conservation or density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District and designated as a park or conservation parcel shall not be eligible for any of the three options to modify a Habitat Block. (1) Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written request by the applicant as part of the requisite application. Any proposed reduction in Habitat Block area must be offset with an equal addition elsewhere within the same subject parcel or Planned Unit Development. The land to be protected through the modification of the Habitat Block boundary must be contiguous to the Habitat Block. In no case shall the Development Review Board approve a net reduction of the area of a Habitat Block. (2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for an equal amount of land within the same Planned Unit Development or Site Plan upon written request, without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block exchange, the Development Review Board shall require the applicant to: (a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for exchange; and (b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast height (dbh) within the exchange area. (3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block for the addition of an equal amount of contiguous land within the same Habitat Block upon written request, and pursuant to the standards of this Section. The exchange of land within the same Habitat Block may occur within one parcel or on separate parcels. (a) Supplemental submittal requirements. (i) Indicate, on the Master Plan and all subsequent plans, all proposed alterations to the Habitat Block. (ii) Submit, as part of the preliminary plat application, a Habitat and Disturbance Assessment (HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards contained within this subsection. Page 227 12-6 South Burlington Land Development Regulations (b) Supplemental Standards of Review. The Development Review Board may approve a re- designation of a portion of a Habitat Block if it finds that all of the criteria below are met: (i) The HDA demonstrates that the alteration will not result in a reduction in the Habitat Block’s function as a Significant Wildlife Habitat; (ii) Wildlife movement and connectivity between Habitat Blocks will be retained; and, (iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must be designed to have no undue adverse effects on habitat functions; and (iv) The land that will be added to the Habitat Block is contiguous to the land that will not be removed from the Habitat Block, such that the modified Habitat Block is a continuous whole that is not interrupted or separated by roadways, railways, or other impeding infrastructure. (c) Exchanged Land. Land to be added to the Habitat Block pursuant to this subsection must be identified on the subdivision plat that is recorded, and in associated legal documents, for the purposes of subsection 12.04(I), below. (i) Any land proposed to be added shall be accompanied by a restoration plan, prepared by a landscape architect, professional wildlife biologist, or equivalent, that will result in the land functioning as a Significant Wildlife Habitat within a period of ten (10) years and being classified as transitional forest / forest by a land use / land cover assessment at that time. E. Substantially-Habitat Block-covered lots. A lot containing a combination of Hazards and Level I Resources exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat Block standards in the following manners: (1) As a Conservation Planned Unit Development, subject to the standards of Section 15.C.05; and, (2) The applicant is entitled to re-designate a portion of the Habitat Block, to allow for thirty (30) percent of the total parcel area as Buildable Area. The applicant shall provide a proposed redesignation to the Development Review Board with land designated as, and added to, the parcel’s Buildable Area in the following order: • First: Land not a Hazard or Level I Resource; • Second: Land that is not characterized by a preponderance of mature trees; • Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which would sever a Habitat Connector. • Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest extent possible; (a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one category is designated as Buildable Area, and the allotment of thirty (30) percent of the total parcel area has not been reached, then land from the next category shall be selected. (b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area pursuant to the priority order above is in conflict with the purposes of this section, or where it finds that strict adherence to the priority order does not allow for a unified PUD consistent with the purposes or intent of these regulations, it may approve modifications to the land selected. Any such modifications shall be minimized in terms of land area and changes to, or reordering, the priority order. Page 228 12-7 South Burlington Land Development Regulations (c) Any land excluded from Habitat Blocks regulated under this subsection and redesignated as Buildable Area shall remain subject to all other provisions of these Regulations. F. Standards for Habitat Block Protection. (1) General standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below, approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance with Section 12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated condition. Specifically: (a) The clearing of trees and understory vegetation is prohibited except as specified in this section. (b) The creation of new lawn areas is prohibited. (d) Snow storage areas are prohibited. (e) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building envelopes shall not contain any land located within Habitat Blocks. (f) Supplemental planting and landscaping with appropriate species of vegetation to achieve the objectives of this Section is permitted. G. Exempted Uses and Activities. The following uses and activities are exempt from review under this section: (1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or their width prior to adoption of these regulations, whichever is greater; (2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing an imminent threat to buildings or infrastructure; and, (3) Uses and activities enumerated in Section 12.01(C). Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the Habitat Block and Habitat Connector Overlay Districts Map. H. Development within Habitat Blocks. The encroachment of new development activities into, and the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited. However, the DRB may allow the following types of development within a Habitat Block pursuant to the standards contained herein: (1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental standards: (a) The facility shall be strictly limited to the minimum width necessary to function for its intended purposes; (b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width necessary for the facility to function for its intended purposes (street tree requirements shall not apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet State or Federal law; and, (c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts. Page 229 12-8 South Burlington Land Development Regulations (2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use are located outside the Habitat Block. (a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All such structures must be consistent with the adopted management plan for the park, if one exists. (3) Research and educational activities, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the Habitat Block. (a) Research and educational structures not exceeding 500 square feet gross floor area, such as seating areas made of natural materials, storage sheds, or climbing structures, may be allowed within a Habitat Block. I. Habitat Block and Habitat Connector Overlay Districts Map. The approval of a modification of a Habitat Block pursuant to Section 12.04D, above, or of the exclusion of an area of land from a Habitat Block pursuant to Section 12.04E, above, shall, without further action, revise the Habitat Block and Habitat Connector Overlay Districts Map accordingly. After the effective date of these regulations, the Habitat Block and Habitat Connector Overlay Districts Map may be revised only once for each Substantially-Habitat Block-Covered lot from which a portion of the land within the Habitat Block has been excluded. J. Habitat and Disturbance Assessment (HDA) (1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject properties with Habitat Blocks and Habitat Connectors (Section 12.04 and Section 12.05) where an applicant is seeking to relocate and/or redesignate a portion of the Habitat Block or Habitat Connector. (2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development Review Board shall include the following information: (a) Site Conditions Map including all Habitat Blocks and Habitat Connectors on or within 200 feet of the project site. (b) An inventory of existing (pre-development) wildlife habitat found on the site, including the presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an inventory of the specific habitat types found on the parcel and their relative importance to the various wildlife species that rely on that habitat for one or more life-cycle function; (c) An assessment of the relationship of the habitat found on the site relative to other significant wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity between mapped habitat blocks; is the parcel located contiguous to other significant wildlife habitat, or part of a habitat block); (d) Identification of the distance of all proposed development activities (as permitted), including clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife habitat and, if significant wildlife habitat is proposed to be disturbed, the total area of disturbance and the total area of the remaining (undisturbed) habitat; Page 230 12-9 South Burlington Land Development Regulations (e) An assessment of the likely impact of the proposed development, including associated activities (e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting, introduction of non-native species for landscaping) on the ecological function of the significant wildlife habitat found on the site. This shall include an assessment of whether travel between Core Habitat Block Areas will be disrupted; and (f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation measures and a statement identifying specific mitigation measures taken to avoid or minimize the proposed development’s impact on the habitat, including buffers of or from habitat for specific identified species, possible replacement or provisions for substitute habitats that serve a comparable ecological function to the impacted habitat, and/or physical design elements to incorporate into the project. 12.05 Habitat Connector Overlay District A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors, allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other natural resources within and adjacent to the City. B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Connectors” on the Habitat Block and Habitat Connectors Overlay Districts Map, except as follows: (1) Lots of less than one (1) acre existing as of the effective date of these Regulations. (2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of the effective date of these regulations. C. Standards for Protection of Habitat Connectors. (1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally vegetated condition. (2) Hazards, or other protected natural resources regulated in Article 12, contiguous to a Habitat Connector may be used to count towards the required 150-foot width of the Habitat Connector. (3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards. (4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect, professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must design the relocated Habitat Connector to support the movement of mammal species such as fisher, bobcat, river otter, mink and coyote within a period of ten (10) years. (5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels where development is proposed and pre-existing conditions consist of Habitat Connectors that are less than 150 feet in width along their entire length of the Habitat Connector. Restoration must include a robust planting plan of native tree and shrub species and specific actions to minimize disturbance to any existing vegetation supporting a habitat function within areas of the Habitat Connector less than Page 231 12-10 South Burlington Land Development Regulations 150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing structures on the subject parcel. 12.06 Wetland Protection Standards A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their respective buffers via the standards of this section. The City also intends to provide protection that offers limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers, and for Class II wetlands and their respective buffers in specific identified areas of the City. B. Applicability. All development in the City of South Burlington shall comply with the requirements of this section. The requirements of this Section will apply to all lands described as follows, collectively referred to as Wetlands Areas and Related Buffers: (1) Class I Wetlands and Related Buffers. (a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Municipal only) zoning districts, as established in Section 3.01 of these Regulations, all Class I wetlands, and their related buffer areas, measured one hundred (100) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. (b) Residential Districts and the Park and Recreation Districts. In all Residential and Other (except Municipal, as enumerated in Subsection B(1)(a)) zoning districts, as established in Section 3.01, all Class I wetlands, and their related buffer areas, measured two hundred (200) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. (2) Class II Wetlands and Related Buffers. (a) In all City Center Form-Based Code, Commercial, Industrial and Airport, and Other (Municipal only) zoning districts, as established in Section 3.01 of these Regulations, all Class II wetlands, and their related buffer areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. (b) In all Residential and Other (except Municipal, as enumerated in Subsection B(2)(a)) zoning districts, as established in Section 3.01, all Class II wetlands, and their related buffer areas, measured one hundred (100) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. (3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related buffer areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this section. Class III wetlands less than 5,000 square feet in size are not regulated by the City. C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map (as applicable to the stage of application) pursuant to Appendix E. (1) Per Section 17.08, the DRB may require independent technical review of any field delineation and wetlands report. Page 232 12-11 South Burlington Land Development Regulations (2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in their review of the application instead of requiring an additional or separate delineation. D. Standards for Wetlands Protection. (1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard per the regulations in Section 12.06(F). (2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed, naturally vegetated condition. The following activities are permissible, however: (a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this standard where allowable per the regulations in Section 12.06(F). (i) Approved stormwater management systems that do not meet the definition of a Restricted Infrastructure Encroachment may incorporate a Class III wetland and its related buffer. (b) Temporary impacts to a Class III wetland buffer (for wetlands that meeting the 5,000 s.f. threshold) that are incidental to an approved development project are allowed. They are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the project. (c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold) or its buffer for the purpose of installing underground utilities are not required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and their related buffers shall be returned to their pre-impact state prior to completion of the project. (3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of wetland buffer or other clear, existing demarcation. The design and installation of any such landscaping or fencing must accommodate wildlife passage. (4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces. (a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands buffer that were legally in existence as of the effective date of these regulations shall be considered non-conforming development. Non-conforming development within a wetlands buffer may not be expanded. (5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or modification provided that the applicant demonstrates the project’s compliance with Section 12.02 and the following supplemental standards: (a) Roadway paved surfaces shall be no wider than necessary for the intended functional road classification for the roadway and in no case shall the roadway paved surfaces be wider than 24 feet; and, Page 233 12-12 South Burlington Land Development Regulations (b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage. E. Exemptions. The following activities are not required to meet the standards in this section and do not require a local permit: (1) Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces. Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces located within a wetlands buffer, and that were legally in existence as of the effective date of these regulations, does not require a permit. (2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g. non-motorized or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands, and their associated buffers, is exempt from these regulations. (3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class II or Class III wetland. All trails located within this buffer area should be constructed to meet the best practices outlined in the Recreational Trail Building Guidance document developed by the Vermont Agency of Natural Resources. F. Modifications. (1) Types of Development. An applicant may request a modification, in writing, from the rules of this section for any development in the following areas only: (a) Development in a Class II wetland and associated buffer within the Form-Based Code Zoning Districts. (b) Re-development of a pre-existing garden, landscaped area/lawn, public infrastructure, structure, and impervious surface within a Class II wetland buffer in any zoning district, provided the relocated area is of equal or smaller size. (c) Installation of low-impact development stormwater practices consistent with wetland functions and plantings with a Class II or Class III wetland buffer. (d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer within all zoning districts. (2) Modification Standards. The Development Review Board may grant a modification from the rules of this Section only if a modification application meets all of the following standards: (a) The modification shall be the minimum required to accommodate the proposed development; (b) The proposed development will not have an undue adverse effect on the planned character of the area, as defined by the purpose statement of the zoning district within which the project is located, or on public health and safety; (c) The proposed development will not have an undue adverse effect on the ability of the property to adequately treat stormwater from the site; and, (d) The proposed development will not have an undue adverse effect upon specific wetland functions and values identified in the field delineation. Page 234 12-13 South Burlington Land Development Regulations 12.07 River Corridor Overlay District (RCO) A. Purpose. It is the purpose of the River Corridor Overlay District to: (1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural, physical processes; (2) Allow for wise use of property within river corridors that minimizes potential damage to existing structures and development from flood-related erosion; (3) Discourage encroachments in undeveloped river corridors; (4) Protect and improve the quality of surface waters and streams within the City of South Burlington; and (5) Provide sufficient space for wildlife habitat along rivers and streams. (4) Provide allowances for infill and redevelopment of designated centers that are within river corridors. B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay District designated in Section 3.01(B). C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein. D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from erosion damages. This regulation shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder. E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this regulation imposes a greater restriction, the provisions in these regulations shall take precedence. F. District General Provisions (1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying district, or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the stricter provision shall apply. (2) RCO District Boundaries. The boundaries of the RCO District are as follows: (a) All River Corridors as published by the Vermont Agency of Natural Resources (including the Statewide River Corridors and refinements to that data based on field-based assessments which are hereby adopted by reference). (b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash Page 235 12-14 South Burlington Land Development Regulations Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural Resources. (c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope, whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and streams. (d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology. (e) Requests to update a River Corridor map shall be in accordance with the procedure laid out in the ANR Flood Hazard Area and River Corridor Protection Procedure. (3) RCO District – Classification. River Corridors shall be classified in the following manner per Section 12.01: a. River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II Resources. b. All Other River Corridors. River Corridors on all other streams are Hazards. (4) Jurisdictional Determination and Interpretation. The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with respect to the boundaries of the RCO the location of the boundary on the property shall be determined by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO or the river corridor as mapped, the applicant has the option to either: (a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO boundary on the property; or (b) Request a letter of determination from ANR which shall constitute proof of the location of the river corridor boundary. In support of a letter of determination request, applicants must provide ANR a description of the physical characteristics that bring the river corridor delineation into question (e.g. the presence of bedrock or other features that may confine lateral river channel adjustment. When ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if a change to the river corridor delineation is justified, necessitating a river corridor map update. An ANR letter of determination will either confirm the existing river corridor delineation or will result in an update to the river corridor delineation for the area in question. If a map update is justified, an updated map will be provided with the letter of determination. G. Prohibited, Exempted, and Permitted Development in River Corridors (1) Prohibited Development in the RCO District. The following types of development are prohibited in the RCO District: (a) All development, including new structures, structure additions, fill, accessory dwelling units, and any other development that is not expressly listed as at least one of the Exempted Activities or Permitted Development as described below; (b) Creation of new lawn or landscaped areas; and (c) Snow storage areas. (2) Exempted Activities. The following activities do not require a permit under this section of the bylaw: (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. Page 236 12-15 South Burlington Land Development Regulations (b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change to the footprint of the structure or a change in use. (c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (e) Construction or repair of stream crossing structures (bridges and culverts), associated transportation and utility networks (new transportation or utility development that runs parallel to the river is not exempt and shall meet the Development Standards in Section 12.07(I) below), dams, dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): (i) State-owned and operated institutions and facilities. (ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. (iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall contain a sketch of the proposed structure including setbacks. (iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (v) Telecommunications facilities regulated under 30 V.S.A. § 248a. (g) Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). (h) Subdivision of land that does not involve or authorize development. (i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to exceed ten (10) feet in width. (j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure. Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure within the River Corridor in existence as of the effective date of these regulations. (k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food & Markets, within the River Corridor is an exempt from these regulations. (3) Permitted Development. The following development activities in the RCO District are permissible upon approval, provided they meet all other requirements of the LDRs and the standards of this section. (a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for the protection of the public health, safety and welfare. Page 237 12-16 South Burlington Land Development Regulations (b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02 and the standards of this section. (c) Replacement of on-site septic systems. H. Development Review Classification & Referral to Outside Agencies (1) All land development proposed in the River Corridor is subject to review standards outlined in Section 12.01(D). (2) Referrals to outside agencies (a) Upon receipt of a complete application for development in the River Corridor, the Administrative Officer shall submit a copy of the application and supporting information to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR. (b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be provided to the following entities: affected adjacent communities, the River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. I. Development Standards. The criteria below are the minimum standards for development in the RCO District. (1) New development in the River Corridor, including the creation of new lawn areas, is generally prohibited. (2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally prohibited. This standard also does not apply to forestry operations or silvicultural (forestry) activities exempt from local zoning regulation or the removal of trees that are dead, diseased, heavily damaged by ice storms or other natural events, or identified as an invasive species. The placing or storing of cut or cleared trees and other vegetation is also prohibited. (a) Pre-existing Non-conforming Lawn Areas. The following section pertains the applications for new development on lots with pre-existing non-conforming lawn areas located within the River Corridor. (i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on lots with existing single or two-household dwelling uses, and pre-existing non-conforming lawn areas in the River Corridor, shall not be required to brought into conformance with the natural vegetation requirement in these regulations. (ii) All Other Land Uses. Development on lots with any other land use (beside a single or two- household dwelling), and that also includes pre-existing non-conforming lawn areas in the River Corridor, shall only be approved if the applicant removes at least 50% of the pre- Page 238 12-17 South Burlington Land Development Regulations existing non-conforming lawn area within the River Corridor and completes site remediation. Site remediation shall include re-seeding the subject area with a naturalized mix of grasses rather than standard lawn grass and returning the area to a natural state (no mowing). (3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed in the River Corridor provided the proposed land development conforms with the following standards: (a) The facility shall comply with the standards in Section 12.02; (b) The facility must be located at least twenty five (25) feet from the edge of the channel of the surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from the edge of channel of the surface water of all other streams. This standard shall not apply to the intake of municipal or community water system, or the outfall of a municipal wastewater treatment or stormwater treatment projects, all of which are functionally dependent upon access to surface waters. This standard shall also not apply to road crossings, driveway crossings, public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and neighborhoods, or provide recreational opportunities, approved under Section 12.02; (c) Stream crossings shall provide sufficient space for the passage of small amphibian and mammalian wildlife typical to the environment in water and on land beneath the structure; and, (d) The facility shall comply with Section 12.07(I)(5). (4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may waive this requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the border of the River Corridor. The design and installation of any such landscaping or fencing must accommodate wildlife passage. (5) All land development in the River Corridor shall also comply with the following standards: (a) Within Designated Centers. Development within Vermont designated centers shall be only allowed within the River Corridor if the applicant can demonstrate that the proposed development will not be any closer to the river than existing adjacent development. (b) Outside Designated Centers. Development outside of designated centers shall meet the following criteria: i.Infill Development. Infill development must be located no closer to the channel than the adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1); or, Page 239 12-18 South Burlington Land Development Regulations ii.Down River Shadow. Development shall be located in the shadow area directly behind and further from the channel than the existing structure, or within 50 feet of the downstream side of the existing habitable structure and no closer to the top of bank or slope, as applicable. Below-ground utilities may also be placed within the same shadow dimensions of an existing below-ground system (see Figure 2); or, iii.River Corridor Performance Standard. The proposed development shall: (a) not be placed on land with a history of fluvial erosion damage or that is imminently threatened by fluvial erosion; and, (b) not cause the river reach to depart from, or further depart from, the channel width, depth, meander pattern or slope associated with natural stream processes and equilibrium conditions; and, (c) not result in an immediate need or anticipated future need for stream channelization that would increase flood elevations and velocities or alter the sediment regime, triggering channel adjustments and erosion in adjacent and downstream locations. (d) In making its determination, the DRB may request or consider additional information to determine if the proposal meets the River Corridor Performance Standard, including a Figure 1: In-fill Development Standard Figure 2: Shadow Area Development Standard Page 240 12-19 South Burlington Land Development Regulations description of why the criteria for infill development above cannot be met, data and analysis from a consultant qualified in the evaluation of river dynamics and erosion hazards, and comments provided by the DEC Regional Floodplain Manager on whether the proposal meets the River Corridor Performance Standard. J. Submission Requirements. In addition to all information required for permitted development, the application shall include: (1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay District boundaries, the shortest horizontal distance from the proposed development to the top of bank (and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; (2) Supplemental Application Requirements. (a) Information clearly demonstrating how the proposed development meets the requirements for infill development and certain non-habitable and accessory structures in subsection 12.07(I) Development Standards above; or (b) A narrative and supporting technical information from a qualified consultant that demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I) Development Standards above, or (c) Evidence of an approved major or minor map update issued by ANR in accordance with the process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the proposed development is not located within the river corridor. (3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive specific application requirements when the data or information is not needed to comply with Section 12.07 of this bylaw. K. Permit Conditions (1) Permits for public water accesses and unimproved paths that provide access to the water for the general public and promote the public trust uses of the water shall include a condition prohibiting the permittee from actively managing the applicable section of river solely to protect the public water access from lateral river channel adjustment. (2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage for any Restricted Infrastructure Encroachment projects approved within the River Corridor. 12.08 Floodplain Overlay District (FP) A. Purpose. It is the purpose of the Floodplain Overlay District to: (1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax base, and the extraordinary public expenditures and demands on public services that result from flooding; (2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream corridor; Page 241 12-20 South Burlington Land Development Regulations (3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood insurance, federal disaster recovery funds, and hazard mitigation funds as may be available. B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and §4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the Floodplain Overlay District designated in Section 3.01(B). C. [reserved] D. Administration (1) Floodplain Review. All development in the City of South Burlington located within the Floodplain Overlay District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other existing zoning districts. All other requirements of the underlying district shall apply in addition to the provisions herein, unless otherwise indicated. The Floodplain Overlay District is composed of two areas: (a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include those areas of special flood hazard designated in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1- 30. (b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include those areas of special flood hazard designated in and on the most current flood insurance studies and maps published by the Department of Homeland Security, Federal Emergency Management Agency, National Flood Insurance Program, and as depicted on the Natural Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1 is composed of areas of the 500-year floodplain that are already substantially developed and where additional opportunities for infill development is appropriate. Floodplain Overlay District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed and where future development is not appropriate. (2) Interpretation. The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay District boundary, the following procedure shall be followed: a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A, AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer. If the applicant disagrees with the determination made by the Administrative Officer, a Letter of Map Amendment from FEMA shall constitute proof that the property is not located within the Special Flood Hazard Area. b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones 0.2% B1 and B2 the location of the boundary shall be determined by the Administrative Officer. If the applicant disagrees with the determination made by the Administrative Officer, the applicant may appeal the determination in accordance with Article 17. (3) Base Flood Elevations and Floodway Limits. Page 242 12-21 South Burlington Land Development Regulations a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski River), the base flood elevations and floodway limits (or data from which a community can designate regulatory floodway limits) provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps shall be used to administer and enforce the provisions of these regulations. b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits have not been provided by the National Flood Insurance Program in the Flood Insurance Study and accompanying maps, it shall be the responsibility of the applicant to develop the base flood elevation at the site using data available from state or federal agencies or other sources. (4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from flood damages. These regulations shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any flood damages that result from reliance on these regulations, or any administrative decision lawfully made hereunder. (5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where these regulations imposes a greater restriction the provisions here shall take precedence. (6) Exempted Development. The following types of development are exempt from Floodplain Review. The following types of development may also still be subject to other standards in the South Burlington Land Development Regulations including Section 12.07: (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. Please be aware that for damaged structures where FEMA mitigation funds may be used, the damaged structure may be required to remain in place until funds are granted. (b) Routine maintenance of existing buildings in the usual course of business required or undertaken to conserve the original condition, while compensating for normal wear and tear. (c) Routine maintenance includes actions necessary for retaining or restoring a piece of equipment, machine, or system to the specified operable condition to achieve its maximum useful life and does not include expansions or improvements to development. (d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars. (e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (g) Streambank armoring and stabilization, retaining walls, and abutment work that do not reduce the cross-sectional flow area of the river or stream channel and have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (h) The following activities are exempt from Floodplain Review, but may require a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): i. State-owned and operated institutions and facilities. ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for Page 243 12-22 South Burlington Land Development Regulations Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture Food and Market’s Required Agricultural Practices (RAPs). iv. Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). E. Floodplain Review Application Requirements (1) Application Submission Requirements. All applications for Floodplain Review shall include: (a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed development, property boundaries, all water bodies, all boundaries (Floodplain Overlay District boundaries – all zones), the shortest horizontal distance from the proposed development to the top of bank of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; and (b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review Sheet. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the Administrative Officer and attached to the permit before work can begin. (2) Supplemental Application Requirements. Some applications may require additional information based on the location and type of the development. The following information shall be developed and provided with an application, as required below: (a) Base Flood Elevation (BFE). BFE information is required for applications that include the following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski River: i. New, substantially improved, or substantially damaged structures; ii. Projects requiring elevation or dry-floodproofing above BFE; iii. Additions to existing historic structures; and iv. Any accessory structure proposed to have building utility systems that will need to be protected from flood waters through elevation above the BFE. (b) Floodway Data. The following information is required for development proposed to be located in the floodway. All floodway data shall be certified by a registered professional engineer. All submitted proposals shall include electronic input/output files mapping showing cross-section locations and the following information: i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or expanded encroachments within the floodway. ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by FEMA, but no floodway areas have been designated, the applicant shall provide a floodway delineation that demonstrates that the proposed development, when combined with all existing and anticipated future development, will not increase the Page 244 12-23 South Burlington Land Development Regulations water surface elevation of the base flood by more than one foot at any point within the community. (c) Average Grade Level. Information about average grade level is required for development involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2. (d) Erosion Control Projects. For projects involving erosion control measures within the floodplain on Lake Champlain, the applicant shall submit: i. Renderings or other additional information relevant and necessary to evaluating the aesthetic or visual impact of the proposed improvement. ii. A landscaping plan. (3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific application requirements when the data or information is not needed to comply with these regulations. F. Floodplain Review - Development Review Process. All applications for development in the Floodplain Overlay District shall be reviewed according to the following procedures: (1) Referrals. (a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial improvement or new construction the Administrative Officer shall forward a copy of the application and supporting information to the State National Flood Insurance Program Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The Administrative Officer, and/or Development Review Board shall consider all comments from ANR. (b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be submitted to the adjacent communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources, and the Army Corps of Engineers. Copies of such notice shall be provided to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. (2) Review Process. (a) Administrative Review. Floodplain Review may be completed administratively by the Administrative Officer for the following types of development in the Floodplain Overlay District provided that the application is complete and the proposed development can be approved administratively under all other sections of the South Burlington Land Development Regulations: i. Changes from a permitted land use to another permitted land use provided that any other changes to the site may also be administratively reviewed. ii. Above grade development, which has not been elevated by the placement of fill, that is two feet above base flood elevation and documented with field-surveyed topographic information certified by a registered professional engineer or licensed land surveyor (Elevation Certificate). Page 245 12-24 South Burlington Land Development Regulations iii. Open fencing and signs elevated on poles or posts that create minimal resistance to the movement of floodwater. iv. Municipal transportation infrastructure improvements designed and constructed by the Vermont Agency of Transportation that have written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in these regulations. v. River and floodplain restoration projects, including dam removal, that restore natural and beneficial floodplain functions and include written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in these regulations. vi. Improvements or repairs of damage to structures that do not expand the existing footprint and do not meet the definition of “substantial improvement” or “substantial damage.” vii. Accessory structures less than 500 square feet in size in the Floodplain Overlay District Zones 0.2% B1. viii. Building utilities. ix. Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional applicable standards. (b) Development Review. All development in the Floodplain Overlay District that cannot be approved through administrative Floodplain Review shall require Floodplain Review by the Development Review Board. (3) Permits. A permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued for development meeting the standards in Section 12.08(G) and the following the review process outlined in Section 12.08(F) and Article 17. (a) Within 30 days of receipt of a complete application per Section 12.08(E), including all application materials and fees, the Administrative Officer shall act to either issue or deny a permit in writing, or to refer the application to the Development Review Board. If the Administrative Officer fails to act with regard to a complete application for a permit within the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for new construction or substantial improvement, in which case a permit shall not be issued until the Administrative Officer has complied with the requirements of Section 12.08(F)(1)). (b) No zoning permit shall be issued by the Administrative Officer for any use or structure which requires the approval of the Development Review Board until such approval has been obtained. For permit applications that must be referred to a state agency for review, no permit shall be issued until a response has been received from the State, or the expiration of 30 days following the submission of the application to the State, whichever is sooner. G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to ensure that it complies with the following standards: (1) Prohibited Development. In addition to any uses not specifically listed in this section, the following types of development are specifically prohibited in the Floodplain Overlay District: (a) New principal structures, both residential or non-residential (including the placement of manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District; Page 246 12-25 South Burlington Land Development Regulations (b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District. (c) New critical facilities; (d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table, interfere with natural flow patterns, or reduce flood storage capacity; (e) Storage or junk yards; (f) New fill except as necessary to elevate structures above the base flood elevation. (g) Within the floodway: new encroachments, except for minor improvements to existing structures or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or floodplain restoration projects, or health and safety measures. Minor improvements are those that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk Reference for Local Officials. (2) Development in the Floodway. Within the floodway, the following standards apply to all development: (a) New encroachments are prohibited within the floodway, except for the following, which also shall comply with subsection (b) below: i. New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities, functionally dependent uses, and river or floodplain restoration projects; and ii. New encroachments relating to health and safety measures, such as replacement of preexisting on-site septic and water supply systems, if no other practicable alternative is available. (b) For all proposed new encroachments and above-grade development, a hydraulic analysis is required to be provided for review. The analysis should be performed in accordance with standard engineering practice, by a registered professional engineer, and shall certify that the proposed development will: i. Not result in any increase in flood levels during the occurrence of the base flood; ii. Not increase base flood velocities; and iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (c) For development that is either below grade or will not result in any change in grade, the hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post- development elevations demonstrating that there will be no change in grade, and that the development will be adequately protected from scour. (d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact. (3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District shall comply with the following standards: (a) All development shall be reasonably safe from flooding, as determined by compliance with the specific standards of this subsection. Page 247 12-26 South Burlington Land Development Regulations (b) All development shall be designed (I) to minimize flood damage to the proposed development and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to flood hazards. (c) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be constructed with materials resistant to flood damage, (III) be constructed by methods and practices that minimize flood damage, and (IV) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated watercourse shall be maintained. (f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly compacted fill such that the top of the fill (pad) under the entire manufactured home is above the base flood elevation. (g) Structures. i. Residential Structures a) Residential structures to be substantially improved in Floodplain Overlay District Zones A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet above base flood elevation; this must be documented, in the proposed and as-built condition, with a FEMA Elevation Certificate. b) Residential structures to be substantially improved in Floodplain Overlay District 0.2% Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall be located such that the lowest floor is at least two (2) feet above the average grade level on-site; this must be documented, in the proposed and as-built condition, with a FEMA Elevation Certificate. Average grade level means the average of the natural or exiting topography at center of all exterior walls of a building or structure to be placed on site. ii. Non-residential Structures. Non-residential structures to be substantially improved, and new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet the following standards: a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or, b) Have the lowest floor, including basement, together with attendant utility and sanitary facilities be designed so that two (2) feet above the base flood elevation (for structures in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site (for structures in Zones 0.2% B1 and B2), the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A permit for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the structural design, specifications and plans, and has certified that the design and proposed methods of construction are in accordance with accepted standards of practice for meeting the provisions of this subsection. An occupancy permit for the structure shall not be issued until an "as-built" plan has been submitted and a licensed professional engineer or architect has certified that the Page 248 12-27 South Burlington Land Development Regulations structure has been constructed in accordance with accepted standards of practice for meeting the provisions of this subsection. (h) Basements. For all new construction and substantial improvements, fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) shall be prohibited. Substantial improvements to existing buildings requires compliance with this section. (i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs must be certified by a licensed professional engineer or architect, or meet or exceed the following minimum criteria: A minimum of two openings on two walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway limits have not been determined, development shall not be permitted unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated encroachment, will not increase the base flood elevation more than one (1) foot at any point within the community. The demonstration must be supported by technical data that conforms to standard hydraulic engineering principles and certified by a licensed professional engineer. (k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use. (l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of 500 square feet or less in gross floor area that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on a site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of 12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay District. (m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the definition of substantial damage shall be constructed so that the lowest floor, including basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2, or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1- 30. A critical facility shall have at least one access road connected to land outside the 0.2% annual chance floodplain that is capable of accommodating emergency services vehicles. The top of the access road shall be no lower than the elevation of the 0.2% annual chance flood event. (n) Historic Structures. For historic structures that would meet the definition of substantial improvement or substantial damage if not for their historic structure designation, the improved Page 249 12-28 South Burlington Land Development Regulations or repaired building shall meet the following mitigation performance standards for areas below the base flood elevation: i. Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from inundation and scour or be easily repaired; ii. The building foundation shall be structurally sound and reinforced to withstand a base flood event; iii. The structure’s historic designation shall not be precluded; iv. The likelihood of flood waters entering the structure during the base flood is reduced; and v. There shall be no expansion of uses below base flood elevation except for parking, storage, building access, or, in the case of non-residential buildings, where the space is dry floodproofed. (o) No Rise Requirement. No encroachment, including fill, new construction, substantial improvement, or other development, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless hydrologic and hydraulic analyses are performed in accordance with standard engineering practice, by a licensed professional engineer, certifying that the proposed development will: a) Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and b) Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures within may be approved by the DRB provided the following standards are met: i. The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. ii. The improvement will not increase the potential for erosion. iii. The project will not have an undue adverse effect on the aesthetic integrity of the lakeshore. iv. The project shall preserve, maintain and supplement existing trees and ground cover vegetation to the greatest extent possible. (4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these additional standards: a. All land lying within a River Corridor as defined in these regulations is subject to the standards of Section 12.07 in addition to the standards of this section. H. Nonconforming Structures. (1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or destroyed may be reconstructed in its original location only if it is rebuilt to comply with all requirements of the National Flood Insurance Program and these regulations; (2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are discontinued for more than 6 months. An abandoned structure shall not be permitted for re-occupancy unless brought into compliance with these regulations and Section 3.11(G). An abandoned use shall not be permitted unless brought into compliance with these regulations. I. Variances. Page 250 12-29 South Burlington Land Development Regulations (1) A variance for development in the Floodplain Overlay District may be granted by the Development Review Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6. (2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the applicant in writing over the signature of a community official that the issuance of a variance to construct a structure below the base flood elevation increases risk to life and property and will result in increased flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be maintained with a record of all variance actions. J. Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or substantial improvements to structures in the Floodplain Overlay District. (1) Upon receipt of the application for a certificate of occupancy, the Administrative Officer shall review the permit conditions and inspect the premises to ensure that: i. All required state and federal permits that have been obtained by the applicant; ii. All work has been completed in conformance with the zoning permit and associated approvals; and iii. All required as-built documentation has been submitted to the Administrative Officer (e.g. updated FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built floodway encroachment analysis). K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action related to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the following procedures: 1. The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative Officer for development that is not in conformance with this section. 2. If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended. Page 251 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations 12 SURFACE WATER PROTECTION STANDARDS 12.01 General Stream and Surface Water Protection Standards 12.02 Wetland Protection Standards and Review Procedures 12.03 Stormwater Management Standards 12.04 Stormwater Management Overlay District (SMO) [Reserved] 12.01 General Stream and Surface Water Protection Standards A. Purpose. It is the purpose of this Section to provide for the protection and improvement of the surface waters and streams within the City of South Burlington, Lake Champlain and Shelburne Bay, and the watersheds contained wholly or partially within the City. These regulations and standards are intended to lead to the establishment and protection of natural areas along the City’s surface waters to provide improved protection for water quality and the provision of open space areas and wildlife habitat. It is the further purpose of this Section to provide for the retention of preexisting residential neighborhoods located along Lake Champlain and Potash Brook in a manner consistent with the resource protection goals of this Section and the Comprehensive Plan. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Surface Water Buffer Standards (“Stream Buffers”) (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (a) All land within one hundred (100) feet horizontal distance of the centerline of Muddy Brook and the main stem of Potash Brook. (b) All land within one hundred (100) feet horizontal distance of the edge of the channel of the Winooski River (c) All land within fifty (50) feet horizontal distance of the centerline of any minor stream (d) All land within ten (10) feet horizontal distance of the centerline of a drainage way (e) Land within or abutting the high-water elevation of Lake Champlain, which for the purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. (2) General standards. It is the objective of these standards to promote the establishment of heavily vegetated areas of native vegetation and trees in order to reduce the impact of stormwater runoff, reduce sedimentation, and increase infiltration and base flows in the City’s streams and Lake Champlain. Therefore, except as specifically permitted by the DRB pursuant to the standards in Section 12.01(C)(3), (C)(4), (D) and/or (E) below, all lands within a required stream buffer defined above shall be left in an undisturbed, naturally vegetated condition. Supplemental planting and landscaping with appropriate species of vegetation to achieve these objectives shall be permitted. The specific standards for the vegetation and maintenance of stream buffers are as follows: (a) The clearing of trees that are not dead, heavily damaged by ice storms or other natural events, or diseased, and the clearing of any other vegetation other than invasive species, is permitted only in conjunction with DRB approval pursuant to (3) or (4) below. Page 252 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations (b) Any areas within a required stream buffer that are not vegetated or that are disturbed during construction shall be seeded with a naturalized mix of grasses rather than standard lawn grass, and shall not be mowed. (c) The creation of new lawn areas within stream buffers is not permitted after the effective date of these regulations. (d) Snow storage areas designated pursuant to site plan or PUD review shall not be located within stream buffers unless the applicant can demonstrate that: (i) There is no reasonable alternative location for snow storage on the same property. (ii) Measures such as infiltration areas have been incorporated into the site plan and/or stormwater treatment system to reduce the potential for erosion and contaminated runoff entering the associated stream as a result of snow melt. (e) The placing or storing of cut or cleared trees and other vegetation within the stream buffer is prohibited. (3) Expansion of pre-existing structures within stream buffers. The expansion of pre-existing structures within stream buffers, except as provided in Section D below, shall be permitted only in accordance with the standards for non-complying structures in Article 3, Section 3.11 of these Regulations. (4) New uses and encroachments within stream buffers. The encroachment of new land development activities into the City’s stream buffers is discouraged. The DRB may authorize the following as conditional uses within stream buffers, subject to the standards and conditions enumerated for each use. The DRB may grant approvals pursuant to this section as part of PUD review without a separate conditional use review. (a) Agriculture, horticulture and forestry including the keeping of livestock, provided that any building or structure appurtenant to such uses is located outside the stream buffer. (b) Clearing of vegetation and filling or excavating of earth materials, only to the extent directly necessitated for the construction or safe operation of a permitted or conditional use on the same property and where the DRB finds that: (i) There is no practicable alternative to the clearing, filling or excavating within the stream buffer; and (ii) The purposes of this Section will be protected through erosion controls, plantings, protection of existing vegetation, and/or other measures. (c) Encroachments necessary to rectify a natural catastrophe for the protection of the public health, safety and welfare. (d) Encroachments necessary for providing for or improving public facilities. (e) Public recreation paths, located at least twenty five (25) feet from the edge of channel of the surface water. (f) Stormwater treatment facilities meeting the Vermont Agency of Natural Resources stormwater treatment standards, and routine maintenance thereof, including necessary clearing of vegetation and dredging. Evidence of a complete application to the VANR for coverage under the applicable permitting requirements shall be required to meet this criterion for encroachment into a stream buffer. Page 253 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations (g) Roadways or access drives for purposes of crossing a stream buffer area to gain access to land on the opposite side of the buffer, or for purposes of providing safe access to an approved use, in cases where there is no feasible alternative for providing safe access and the roadway or access drive is located at least twenty five (25) feet from the edge of the channel of the surface water for all water bodies listed in section 10.01(C)(1)(a) and (b) and ten (10) feet from the edge of channel of the surface water of all other streams. (h) Utility lines, including power, telephone, cable, sewer and water, to the extent necessary to cross or encroach into the stream buffer where there is no feasible alternative for providing or extending utility services. (i) Outdoor recreation, provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (j) Research and educational activities provided any building or structure (including parking and driveways) appurtenant to such use is located outside the stream buffer. (k) Hydro-electric power generation D. Erosion control measures and water-oriented development along Lake Champlain. The installation of erosion control measures and water-oriented development within or abutting the high-water elevation of Lake Champlain, may be approved by the DRB as a conditional use provided the following standards are met: (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. (b) The improvement will not increase the potential for erosion. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the lakeshore. In making a determination pursuant to this criterion, the DRB may request renderings or other additional information relevant and necessary to evaluating the visual impact of the proposed improvement. (d) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. E. Potash Brook Tributary 3 Requirements. For lands located within one hundred fifty (150) feet horizontal distance of Tributary 3 of Potash Brook, as delineated in the Potash Brook Watershed Restoration Plan, the DRB shall have the authority to invoke technical review of proposed land development activities requiring DRB approval. Such technical review shall have the specific purpose of recommending site plan, stormwater and landscaping measures that will ensure that land development activities are consistent with the City’s overall plan for ecosystem restoration in the Tributary 3 watershed. F. Landscaping and Maintenance Standards within Stream Buffers [reserved] G. Watercourse Alteration and Relocation. (1) The alteration or relocation of a watercourse is permitted subject to the approval of the Development Review Board provided the alteration or relocation: (a) Is needed to accomplish a clear public purpose or objective; Page 254 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations (b) Will not reduce the ability of the watercourse to carry or store flood waters adequately; (c) Will not have an adverse impact on downstream or upstream water quality; (d) Will not affect adversely the use and enjoyment of adjacent properties; (e) Will not affect adversely the habitat value of the watercourse or immediately adjacent areas or wetlands. (2) In making findings relative to these criteria, the DRB shall be authorized to invoke technical review by a professional in hydrology or geomorphology, and/or to rely on the issuance of a Stream Alteration Permit issued by the Vermont Department of Environmental Conservation as evidence that the above criteria have been met. (3) The South Burlington Natural Resources Committee shall in a timely manner review and make advisory comments to the DRB on any application made pursuant to this section. 12.02 Wetland Protection Standards and Review Procedures A. Purpose. It is the purpose of this Section to provide appropriate protection of the City’s wetland resources in order to protect wetland functions and values related to surface and ground water protection, wildlife habitat, and flood control. B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of south Burlington adopted comprehensive plan and are in accord with the policies set forth therein. C. Wetlands Map and Applicability of Standards. (1) All wetland areas within the City of South Burlington, whether identified on the map entitled “Wetlands Map” as set forth in Section 3.02 of these regulations or as identified through field delineation, and a buffer area fifty (50) feet horizontal distance surrounding the boundary of any such wetland, shall be subject to the provisions of this section. (2) In the absence of site-specific delineations, the City’s Wetlands Map shall control as to the location of wetlands and wetland buffer areas subject to the provisions of this section. D. Submittal and Review of Field Delineation and Wetlands Report (1) For all properties for which any application for development requiring DRB review is made, and on which any wetland areas are indicated on the Wetlands Map, applicants are strongly encouraged to submit site specific field delineations indicating the location, classification, functions and values of all wetland areas (Class I, II and III) and an associated fifty (50) foot buffer area. In the absence of such site- specific delineations and information, the City’s Wetlands Map shall control. (2) Applicants are encouraged to submit a field delineation and wetlands report as early in the development review process as possible. (3) The DRB shall have the authority to invoke technical review by a qualified wetlands consultant of any field delineation and wetlands report. The City’s wetlands consultant shall submit an evaluation of the field delineation and wetlands report addressing the proposed development’s consistency with the standards in (D) above, and outlining the following: Page 255 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations (a) Measures that can be taken to improve the overall effect of the project on wetland resources without altering the layout of the proposed project. (b) Measures that can be taken to improve the overall effect of the project on wetland resources that involve altering the layout of the proposed project. E. Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class II wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class II wetland buffers, Class III wetlands and Class III wetland buffers, may be permitted by the DRB upon finding that the proposed project’s overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. 12.03 Stormwater Management Standards A. Purpose. The purpose of this section is: (1) To promote stormwater management practices that maintain pre-development hydrology through site design, site development, building design and landscape design techniques that infiltrate, filter, store, evaporate and detain stormwater close to its source; (2) To protect water resources, particularly streams, lakes, wetlands, floodplains and other natural aquatic systems on the development site and elsewhere from degradation that could be caused by construction activities and post-construction conditions; (3) To protect other properties from damage that could be caused by stormwater and sediment from improperly managed construction activities and post-construction conditions on the development site; (4) To reduce the impacts on surface waters from impervious surfaces such as streets, parking lots, rooftops and other paved surfaces; and (5) To promote public safety from flooding and streambank erosion, reduce public expenditures in removing sediment from stormwater drainage systems and natural resource areas, and to prevent damage to municipal infrastructure from inadequate stormwater controls. Page 256 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations B. Scope and Applicability (1) These regulations shall apply to all land development within the City of South Burlington where one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or parcel. (2) If the combination of new impervious surface area created and the redevelopment or substantial reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from requirements in this Section 12.03. (3) Applications meeting the criteria set forth in section 12.03(B)(1) and not exempt under section 12.03(B)(2) shall meet the requirements in section 12.03(C) as follows: (a) If the area of the lot or parcel being redeveloped or substantially reconstructed is less than 50% of the lot’s existing impervious surface area, then only those portions of the lot or parcel that are being redeveloped or substantially reconstructed must comply with all parts of Section 12.03(C). All new impervious surface area must meet the requirements of section 12.03(C). (b) If the area of the lot or parcel that is being redeveloped or substantially reconstructed exceeds 50% of the lot or parcel’s existing impervious surface area then all of the lot or parcel’s impervious surfaces must comply with all parts of Section 12.03(C). All new impervious surface area must meet the requirements of Section 12.03(C). C. Site Design Requirements For New Development (1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff, and shall be infiltrated using Low Impact Development (LID) practices including, but not limited to, practices detailed in the “South Burlington Low Impact Development Guidance Manual”. (a) If it is not possible to infiltrate the volume of stormwater runoff specified in Section 12.03(C)(1) due to one or more of the following constraints: (i) Seasonally high or shallow groundwater as defined in Appendix D1 of the Vermont Stormwater Management Manual, (ii) Shallow bedrock as defined in Appendix D1 of the Vermont Stormwater Management Manual, (iii) Soil infiltration rates of less than 0.2 inches per hour, (iv) Soils contaminated with hazardous materials, as that phrase is defined by 10 V.S.A. §6602(16), as amended, (v) The presence of a “stormwater hotspot” as defined in Section 2.6 of the Vermont Stormwater Management Manual, or (vi) Other site conditions prohibitive of on-site infiltration runoff subject to the review and approval of the Development Review Board, then the WQv shall be retained on the lot using other LID strategies and practices such as those detailed in the “South Burlington Low Impact Development Guidance Manual”, or treated by stormwater treatment practices meeting the Water Quality Treatment Standard as described in the most recently adopted version of the Vermont Stormwater Management Manual. Page 257 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations (2) The post-construction peak runoff rate for the one-year, twenty-four hour (2.1 inch) rain event shall not exceed the existing peak runoff rate for the same storm event from the site under conditions existing prior to submittal of an application. LID practices shall be incorporated into the design as necessary to achieve the maximum allowed runoff rate. If constraints prevent the use of LID practices (see Section 12.03(C)(1)(a)), stormwater treatment practices detailed in the Vermont Stormwater Management Manual may be used to achieve the required post construction runoff rate. (3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff per section 12.03(C)(1) and 12.03(C)(2) cannot be achieved for areas subject to these regulations per section 12.03(B) may utilize “site balancing”. D. Additional Site Plan Requirements (1) Applicants required to comply with Section 12.03(C) must include the following information in their site plan submission: (a) Sub-watershed boundaries and drainage area delineations for all stormwater treatment practices. (b) Location, type, material, size, elevation data, and specifications for all existing and proposed stormwater collection systems, culverts, detention basins, LID installations, and other stormwater treatment practices. (c) Soil types and/or hydrologic soil group, including the results of any soil borings, infiltration testing, or soil compaction testing. (d) A brief written description of the proposed stormwater treatment and management techniques. Where LID design approaches are not proposed (see Section 12.03(C)(1)(a)), the applicant shall provide a full justification and demonstrate why the use of LID approaches is not possible before proposing to use conventional structural stormwater management measures. (e) A detailed maintenance plan for all proposed stormwater treatment practices. (f) Modeling results that show the existing and post-development hydrographs for the WQv (0.9- inch) and the one-year, twenty-four hour (2.1-inch) rain event. Any TR-55 based model shall be suitable for this purpose. E. Drainage Structures (1) Removal of Runoff – The applicant shall remove any impervious surface runoff that exists as a result of the proposed land development. Drainage facilities shall be located in the street right-of-way where feasible. All drainage facilities shall be designed in accordance with Public Works Standards and Specifications. Drainage facilities shall also conform to the provisions of Section 12.01 Surface Water Buffer Standards (“Stream Buffers”). (2) Drainage Structures To Accommodate Upstream Development – Culverts or other drainage facilities shall be of sufficient size to accommodate potential runoff from the entire upstream drainage area, whether or not all or part of the upstream area is on the applicant’s lot or the parcel subject to the application. In determining the anticipated amount of upstream runoff for which drainage facilities must be sized, the applicant shall design the stormwater drainage system assuming the total potential development of upstream drainage areas. All drainage structures shall be designed to, at a minimum, safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event. The applicant’s engineer shall Page 258 ARTICLE 12 SURFACE WATER PROTECTION STANDARDS South Burlington Land Development Regulations provide such information as the Stormwater Superintendent or his designee deems necessary to determine the adequacy of all drainage structures. (3) Responsibility for Downstream Drainage Structures – The applicant shall provide the Stormwater Superintendent or his designee with such information as the Superintendent deems necessary to determine the effects of the application on drainage structures located downstream of the applicant’s lot or the parcel subject to the application, notwithstanding whether these structures are located on land owned or controlled by the applicant. This analysis shall be conducted using the twenty-five year, twenty- four hour (4.0-inch) storm event. In instances where the Superintendent anticipates that additional runoff incident to the application may overload an existing downstream drainage structure(s) and result in damage to private or public infrastructure or property, the DRB shall impose conditions requiring the applicant to incorporate measures to prevent these conditions, notwithstanding whether such improvements are located on or off the applicant’s property. 12.04 Stormwater Management Overlay District (SMO) [Reserved] Page 259 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-1 South Burlington Land Development Regulations 13 SUPPLEMENTAL REGULATIONS 13.01 [Reserved for Transportation Demand Management] 13.012 Off-Street Parking and Loading 13.02 Home Occupations 13.0314 Bicycle Parking & Storage 13.0604 Landscaping, Screening, and Street Trees 13.05 Stormwater Management 13.036 Airport Approach Cones 13.04 Swimming Pools 13.05 Outside Storage and Display 13.06 Landscaping, Screening, and Street Trees13.07 Exterior Lighting 13.08 Specific Regulations for Nighttime Illumination of Governmental Flags13.0508 Outside Storage and Display 13.09 Bus Shelters 13.0910 Solar Radiation 13.11 Numbering Systems for Multi-Family Development13.12 Group Homes and Residential Care Homes 13.13 Family Child Care Home or Facility (Day Care Facility) 13.14 Bicycle Parking & Storage 13.1015 Connections across a Lot 13.16 Earth Products 13.117 Fences 13.1218 Utility Cabinets 13.1319 Signs 13.1420 Subsurface Sewage Disposal Systems 13.1521 Satellite Dishes 13.22 Seasonal Mobile Food Units 13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary hospitals 13.24 Self Storage in the Mixed Commercial-Industrial (CI) District 13.1625 Retaining Walls 13.26 Auto & Motorcycle Sales, Limited 13.27 Food Hubs 13.28 Limited Neighborhood Commercial Use 13.17 Residential Design for New Single and Two-Family Homes 13.01 [reserved for Transportation Demand Management] 13.0113.02 Off Street Parking and Loading A. Purpose. Parking areas and off-street loading, where provided, shall be designed in a manner that minimizes traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning. B. Determination of Parking Spaces. Minimum Parking Amounts. Except as specifically provided in Table 13-1, there shall be no minimum number of parking spaces. See Article 8 (City Center Form Based Codes) for maximum allowable parking by Transect Zone. Page 260 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-2 South Burlington Land Development Regulations TABLE 13-1: PARKING REQUIREMENTS Use Parking Space Requirement Notes(1) Multi-Family Dwelling (studio or 1 bedroom units) 0.75 spaces per Dwelling Unit (DU) plus 0.75 space per every 4 units Multi-Family Dwelling (2+ bedroom units) 1.5 spaces per DU plus 0.75 space for every 4 units for all other DUs 2 Table Notes: 1. When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number. 2. If no more than one (1) parking space is reserved per DU, the requirement decrease to 1.5 spaces per DU. C. Location of Off Street Parking, Loading, and Vehicle Entrances. (1) Vehicle Entrance. No curb cuts or vehicle entrance from any public street shall be constructed or maintained except in conformance with all applicable standards of the City of South Burlington and Vermont Agency of Transportation. (2) The installation of acceleration and/or deceleration lanes on the adjacent public street may be required if deemed necessary by the Development Review Board. (3) Driveways shall be located more than two hundred (200) feet from signalized street intersections (measured between the near edges of the driveway and intersection), except upon recommendation by the Director of Public Works based on site-specific circumstances Greater distances are encouraged on streets with high traffic volumes. (4) Screening shall be provided where headlights from vehicles on site may be visible and project parallel to a public street. (5) All parking areas adjacent to a public street shall be screened from the street by fencing, walls, or vegetation measuring at least three (3) feet in height. D. Off-Site Parking. The use of any off-site, separately-owned parking by another person or business for adjacent or nearby use shall not require approval under these regulations. In no event, however, shall off-site parking and loading space for any non-residential use be located in any R1, R2, R4, LN, QCP or SEQ district. E. Shared Parking on a Single Lot. (1) As a matter of public policy, the City of South Burlington finds that the coordination of off-street parking between adjoining non-residential sites is desirable (1) to allow for traffic circulation between sites rather than having all traffic entering and exiting the existing road system to proceed from site to site, (2) to allow for improved pedestrian circulation, and (3) to reduce the overall amount of paved surface on a site. This coordination can take various forms, from a simple paved connection to a more elaborate plan to provide both a connection and shared parking arrangements. F. Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway Page 261 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-3 South Burlington Land Development Regulations connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where the vehicular and pedestrian circulation is most feasible. G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping. (1) Design requirements for off-street parking and loading are provided in Table 13-2 and Figure 13- 1, Section 13.046, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. (2) The location of parking areas and loading docks shall prevent conflicts with entering and exiting traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. (3) Provision shall be made for access by police, fire and emergency vehicles. (4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. (5) Bicycle parking or storage facility. See Section 13.1403 (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. H. Handicapped Accessible Parking Spaces. The size, number, type and location of parking spaces shall comply with the current ADA Accessibility Guidelines. I. Recreational Vehicles. Recreational vehicles shall not be stored on any common open lands other than those specifically approved for such purpose by the DRB through the review process. J. Parking Reserved for Future Use. In order to minimize the construction of unnecessary parking, the Administrative Officer or Development Review Board may approve a site plan with parking reserved for construction at a future date. In such granting such approval, the Administrative Officer or DRB shall specify a timeframe during which said parking may be constructed without receipt of an additional site plan approval. In no case shall such time frame exceed ten (10) years. Removal of parking reserve areas shall require site plan amendment. K. Structured Parking. Structured parking is encouraged. The parking structure may be stand-alone or may be part of or attached to another structure. Such structures typically comprise parking decks, garages, or roof-top parking areas. The Development Review Board may require design elements for parking structures that specifically address safety, security, lighting, landscaping, and visual aesthetics as conditions for approval. L. Reserved Parking Spaces. Reservation of non-residential parking spaces for single tenants or users is strongly discouraged. Reserved parking, and associated signage, shall be permitted only under the following circumstances: (1) To meet or exceed Federal ADA requirements (2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop off, seniors, expectant mothers) Page 262 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-4 South Burlington Land Development Regulations (3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes (4) To provide a minimal number of spaces for a small commercial business where other residential or non-residential uses would otherwise dominate parking areas (5) Where the Development Review Board finds that other demonstrated unique circumstances exist that would require a limited number of reserved spaces. In such an instance, the Board shall permit only the minimum number necessary to address the unique circumstances. M. Modifications of Requirements. The Administrative Officer or Development Review Board may approve minor modifications to parking lot dimensions as specified in Table 13-2 where the applicant can demonstrate necessity of modifications and where safety of the motor vehicle and pedestrian circulation are retained. Table 13-2 Parking Lot Dimensions A L D W Di Parking Angle (Degrees) Curb Length per Car (Feet) Depth of Stall (Feet) Width of Aisle (Feet) Depth of Stall (Feet) 0 22.0 8.0 12 8.0 20 24.9 14.2 12 10.1 25 20.1 15.4 12 11.4 30 17.0 16.4 12 12.7 35 14.8 17.3 12 13.7 40 13.2 18.1 12 14.8 45 12.0 18.7 13 15.8 50 11.1 19.2 13 16.6 55 10.4 19.6 14 17.2 60 9.8 19.8 15 17.8 65 9.4 19.9 17 18.2 70 9.0 19.8 20 18.4 75 9.0 19.6 23 18.6 80 9.0 19.2 24 18.4 85 9.0 18.7 24 18.3 90 9.0 18.0 24* 18.0 The width of an aisle serving a single row of 90 degree parking spaces may be reduced to 22 feet. Figure 13-1 Parking Lot Layout Page 263 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-5 South Burlington Land Development Regulations 13.02 Home Occupations 13.0143 Bicycle Parking and Storage A. Purpose. These standards for short term parking and long term storage of bicycles are intended to recognize and promote cycling as a viable means of transportation and recreation for residents, consumers, visitors, and employees. B. Short Term Bicycle Parking (1) Applicability. These standards apply to any application for development that requires site plan approval under Section 14.03 of the LDRs, and all applications for development of parcels located in the City Center Form Based Codes District. (a) In order to facilitate a reasonable nexus between land development and bicycle parking requirements, applications for development to which these standards apply on parcels with existing development shall be permitted to phase in required short term bicycle parking as follows: (i) For the first application, the applicant shall propose and install at least 50% of the required number of bicycle parking spaces. (ii) Thereafter, any applications for development of the same parcel shall comply with all standards for Short Term Bicycle Parking. (b) Where pre-approved bicycle racks exist on the site at the time of application, they may be permitted to remain and count towards the minimum requirements of this Section provided: (i) They are compliant with 13.1043 B(2)(d)(i) and 13.1403(B)(2)(d)(iv) of these regulations; (ii) The bike frame can be attached in at least one place and the bike is supported to stay upright; (iii) The rack is not constructed of wood; (iv) Each space on a rack where a bicycle frame can be attached in at least one place and supported to stay upright shall be considered a bicycle parking space; (v) If parking is on the end or outside of a rack, the parking space must be clear of obstructions in compliance with Appendix G and not obstruct passageways. Page 264 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-6 South Burlington Land Development Regulations (2) Standards for bicycle parking spaces (bps). (a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-103. (b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G. The rack may not be constructed of wood. (c) If an applicant wishes to install something different, any bps shall meet the following specifications: (i) Allow secure locking of the frame and wheel; (ii) Support a bicycle frame at two points of contact; (iii) Meet the intent of the examples provided in Appendix G. (d) Location & Serviceability. Each bps shall be: (i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in length and a width sufficient to satisfy the remainder of these regulations; (ii) Spaced to allow easy access to each bicycle (iii) Spaced sufficiently away from obstructions, including walls, doors, posts, columns, landscaping, and other racks, in accordance with Appendix G. (iv) Easily accessible from the street or multi-use path and protected from motor vehicles; (v) Visible to passers-by and well-lit to promote usage and enhance security; especially in retrofitted areas, or where good visibility is not achievable, an applicant may be required to install directional signage. (vi) Located at or nearby principal entrances where reasonably practicable, unless doing so compromises the other directives of this subsection, including visibility and accessibility. (vii) Dedicated bicycle parking areas, identified with striping and protected using bollards or islands, are strongly encouraged. (e) Bicycle parking serving buildings with multiple entrances shall be dispersed so that all principal entrances are served. (f) For office building use, up to 50% of short term bicycle parking requirements may be met by supplementing the (indoor) long term bicycle parking requirements with the required short term bicycle parking spaces. C. Long Term Bicycle Storage (1) Applicability. These standards apply to: (a) Construction of new mixed use or commercial buildings and any new residential building with more than 3 dwelling units; (b) Structural alterations involving the replacement, relocation, or removal of, or other similar changes to, more than 50% of all load bearing walls shall require compliance with all standards for long term bicycle storage. (c) Building additions of more than 5,000 gross square feet in area. (2) Standards (a) For Residential Buildings Page 265 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-7 South Burlington Land Development Regulations (i) Secure Storage in bicycle locker, bicycle storage room or private enclosure outside of the private residence that protects entire bicycle, including components and accessories against theft and weather. (ii) Garages which are private to each unit may count towards parking requirements. (b) For Non-Residential Buildings (i) Secure storage in bicycle locker, bicycle storage room or enclosure that protects entire bicycle, including components and accessories against theft and weather, allows secure locking of the frame and wheel and supports a bicycle upright. (ii) Where indicated in Table 13-114, clothes lockers shall be lockable with the following minimum dimensions: 12” wide, 18” deep, 36” high. Lockers do not need to be in same place as bicycle storage; (iii) Secure office space (private offices) may account for up to 50% of the required indoor parking areas and lockers provided they are located on the ground floor of the building, accessible and of sufficient size; (iv) Shower and changing facilities dependent on the number of bicycles required to be stored and as indicated on Table 13-310. Table 13-310. Bicycle Parking Requirements Type of Activity Short Term Bike Parking Long Term Bike Storage Residential buildings with more than 3 units 1 for every 10 units; minimum 41 1 for every unit Warehousing, contractor, and light industry 1 per 20k SF; minimum 2 2 per tenant Retail, restaurant, office, and all other 1 per 5k SF; minimum 4 50% of required short term bike parking spaces. Educational 1 space for each 20 students of planned capacity. For new buildings only, one space for each 20 employees. 1 May request waiver from minimum per building for buildings with less than 6 units if Development Review Board finds the need is adequately met for visitors. Table 13-411. Long Term parking – shower and changing room facility requirements Number of protected long term bicycle parking spaces Changing facility Unisex Showers Clothes Lockers 1-3 none none 1 4 - 9 12 12 3 For every 10 12 12 40% of LTB parking 2 if unisex, units available to any gender; otherwise provide one per gender 13.06 04 Landscaping, Screening, and Street Trees A. Purpose. The City of South Burlington recognizes the importance of trees, vegetation, and well- planned green spaces in bringing nature into the city and using these as a resource in promoting the health, safety, and welfare of city residents through improved drainage, water supply recharge, flood control, air quality, sun control, shade, and visual relief. Landscaping and screening shall be required for all uses subject to site plan and planned unit development review. Street tree planting shall be required for all public streets in a subdivision or planned unit development. In evaluating landscaping, screening, and street tree plan requirements, the Development Review Board shall promote the retention of existing trees while encouraging Page 266 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-8 South Burlington Land Development Regulations the use of recommended plant species. In making its decisions, the Development Review Board may refer to the Vermont Tree Selection Guide, published by the Vermont Urban & Community Forestry Program and/or the recommendation of the City Arborist. B. Landscaping of Parking Areas. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.0604(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.0604(G). Figure 13-2, Parking Area Landscaping Page 267 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-9 South Burlington Land Development Regulations From Landscape Guide for Vermont Roadways & Transportation Facilities (5) Planting islands (a) Curbed planting islands shall be designed and arranged to define major circulation aisles, entrances and exits, provide vegetative focal points, provide shade and canopy, and break up large expanses of asphalt pavement. All islands shall be planted with trees, shrubs, grasses and ground covers. Plant materials judged to be inappropriate by the Development Review Board will not be approved. (b) Curbs of such islands shall be constructed of concrete or stone and shall be designed to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging the plants. Sections of drop curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection and management infrastructure. (c) Islands are strongly encouraged to be graded and planted to serve as collection and treatment areas for stormwater management. It is recommended that sections of drop curb no greater than five feet in length be installed to allow stormwater to flow off the paved parking lot and onto the island for treatment. At the DRB’s discretion, curbless parking areas and planting islands may be allowed where these are specifically designed for stormwater management. However, ends and corners of such areas must be protected with curbing to prevent cars from driving over or parking on planted areas. (6) Solar Canopies. Where canopies that serve as solar electricity generation facilities are proposed over surface parking areas, the requirements of this section shall be modified as follows: (a) The requirements for interior landscaping and planting islands shall not apply to any area covered by solar panels or their support structures, and; (ii) The requirements for perimeter trees shall not apply where such trees would interfere with the installation or function of the panels; instead, alternate means of providing screening and reducing glare from parking area perimeters, including hedges, fencing, or art installations shall be provided. Page 268 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-10 South Burlington Land Development Regulations (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Figure 13-3, Example of Acceptable Perimeter Area Landscaping Illustration by Kathleen Ryan, ASLA Figure 13-4, Example of Acceptable Internal and Perimeter Landscaping Page 269 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-11 South Burlington Land Development Regulations Illustration by Kathleen Ryan, ASLA C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. (1) There shall be sufficient landscaping, walls, or fencing of sufficient height (minimum of three (3) feet) and opacity to effectively screen the parking or loading area year-round from adjacent public streets. (2) Screening of a parking or loading shall be provided where headlights from vehicles on site may be visible and project parallel to a public street. (3) There shall be sufficient landscaping, walls, or fencing of sufficient height and opacity to effectively screen outdoor storage areas, refuse, recycling, and compost collection (excluding on-site composting) areas. (1) All off-street parking areas, off-street loading areas, outdoor storage areas, refuse, recycling, and compost collection (excluding on-site composting) areas, and utility improvements such as transformer(s), external heating and cooling equipment shall be effectively screened. (2) Such screening shall be a permanently maintained landscape of evergreen or a mix of evergreen and deciduous trees and shrubs, and/or a solid fence. Page 270 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-12 South Burlington Land Development Regulations (3) The landscaping shall be designed to minimize erosion and stormwater runoff, and to protect neighboring residential properties from the view of uses and parking areas on the site. The landscaping shall be of such type, height, and spacing, as in the judgment of the Development Review Board, will effectively screen the activities on the lot from the view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot (4) A solid wall or fence, of location, height, and design approved by the Development Review Board, may be substituted for the required planting. (5) Modifications. Where the existing topography and/or landscaping provides adequate screening or would render the normally required screening inadequate, the Development Review Board may modify the planting and/or buffer requirements by, respectively, decreasing or increasing the requirements. (6) Recreational vehicle parking areas shall be screened with evergreen trees and shrubs and such landscaping plan shall be part of the application. (7) Additional landscaping above and beyond the minimum landscape budget formula may be required for the purpose of adding a buffer strip along I-89 to properly screen development from the highway. D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi-family uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The Development Review Board shall require the applicant to meet the provisions of sections 13.0604(F) and (G). E. Site Restoration. Grading or seeding shall be required to restore the condition of any portion of a site that is disturbed during construction in compliance with Section 16.03 (Standards for Erosion Control during Construction). F. Landscaping Plan. Landscaping plans shall be prepared by a landscape architect, master gardener, nursery professional, arborist, professional landscape designer, or other landscape professional. See Appendix E, Submission Requirements. G. Landscaping Standards. (1) The Development Review Board shall require compliance with any Tree Ordinance or Landscaping Design Standards enacted by the City of South Burlington, subsequent to the effective date of these regulations. (2) Overall, there shall be a mix of large canopy tree species within each landscaping plan. (3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-94 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. Table 13-94 Landscaping Value Requirements Total Building Construction or Building Improvement Cost % of Total Construction/Improvement Cost Page 271 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-13 South Burlington Land Development Regulations $0 - $250,000 3% Next $250,000 2% Additional over $500,000 1% H. Enforcement, Penalties, and Appeals. (1) Inspection. Prior to the expiration of the construction bond or other guarantee and prior to the issuance of the certificate of occupancy, the Administrative Officer shall inspect all landscaping and screening. He/she shall identify all trees, shrubs, and other plants that are not in a healthy and vigorous condition or have been removed and provide a list of replacement requirements and a deadline for re- planting to the project owner. I. Landscape Maintenance. Maintenance and responsibility. All planting shown on an approved site plan shall be maintained by the property owner in a vigorous growing condition throughout the duration of the use. Plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season. Trees with a caliper of less than 5” may be replaced on an inch-by-inch basis with trees of the same genus of at least 2” caliper each. No permit shall be required for such replacements provided they conform to the approved site plan. Replacement of trees with a caliper of greater than 5” shall require an amendment to the site plan. 13.05 12.03 Stormwater Management A. Purpose. The purpose of this section is: (1) To promote stormwater management practices that maintain pre-development hydrology through site design, site development, building design and landscape design techniques that infiltrate, filter, store, evaporate and detain stormwater close to its source; (2) To protect water resources, particularly streams, lakes, wetlands, floodplains and other natural aquatic systems on the development site and elsewhere from degradation that could be caused by construction activities and post-construction conditions; (3) To protect other properties from damage that could be caused by stormwater and sediment from improperly managed construction activities and post-construction conditions on the development site; (4) To reduce the impacts on surface waters from impervious surfaces such as streets, parking lots, rooftops and other paved surfaces; and (5) To promote public safety from flooding and streambank erosion, reduce public expenditures in removing sediment from stormwater drainage systems and natural resource areas, and to prevent damage to municipal infrastructure from inadequate stormwater controls. B. Applicability. (1) These regulations will apply to all development within the City of South Burlington where one-half acre or more of impervious surface area exists or is proposed to exist on an applicant’s lot or parcel. (2) If the combination of new impervious surface area created and the redevelopment or substantial reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from requirements in this Section 13.05. (3) Applications meeting the criteria set forth in section 13.05(B)(1), and not exempt under section 13.05(B)(2), shall meet the application requirements in Section 13.05(C) and the site design requirements in section 13.05(D) as follows: Page 272 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-14 South Burlington Land Development Regulations (a) If the area of the lot or parcel being redeveloped or substantially reconstructed is less than 50% of the lot’s existing impervious surface area, then only those portions of the lot or parcel that are being redeveloped or substantially reconstructed must comply with all parts of Section 13.05(D). All new impervious surface area must meet the site design requirements of section 13.05(D). (b) If the area of the lot or parcel that is being redeveloped or substantially reconstructed exceeds 50% of the lot or parcel’s existing impervious surface area then all of the lot or parcel’s impervious surfaces must comply with all parts of Section 13.05(D). All new impervious surface area must meet the site design requirements of Section 13.05(D). C. Application Requirements. Applicants required to comply with Section 13.05 shall provide the following information in their application: (1) Sub-watershed boundaries and drainage area delineations for all stormwater treatment practices. (2) Location, type, material, size, elevation data, and specifications for all existing and proposed stormwater collection systems, culverts, and stormwater treatment practices. (3) Soil types and/or hydrologic soil group, including the location and results of any soil borings, infiltration testing, or soil compaction testing. Infiltration testing shall be completed using methods identified in the VSMM (see section 4.3.3.2 in the 2017 VSMM, or as updated). (4) A brief written description of the proposed stormwater treatment and management techniques. Where Tier 1 practices are not proposed (see Section 13.05(C)(1)(a)), the applicant shall provide a full justification and demonstrate why the use of these practices is not possible before proposing to use Tier 2 or Tier 3 practices. (5) A detailed maintenance plan for all proposed stormwater treatment practices. (6) Modeling results that show the existing and post-development hydrographs for the WQv storm event, the one-year, twenty-four hour rain event, and the twenty-five year, twenty-four hour storm event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution). Any TR-55 based model shall be suitable for this purpose. The intent of the twenty-five year storm event analysis is to ensure the proposed project does not overload an existing downstream drainage structure(s) and result in damage to private or public infrastructure or property. The analysis is also intended to ensure that stormwater infrastructure installed as a part of a development can accommodate future upstream development. (7) The applicant’s engineer must provide such information as the stormwater superintendent or designee deems necessary to determine the adequacy of all drainage infrastructure. D. Process. (1) Applications for proposed development that solely include development related to stormwater management (Section 13.05) may be reviewed via Administrative Site Plan Review (Section 14.04(B)). (2) Applications involving an Environmental Restoration Project may be reviewed via Administrative Site Plan Review (Section 14.04(B)). E. Design Requirements - On-Site Treatment. Applicants shall meet the following standards for on-site treatment of stormwater: (1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual (VSMM) for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff and shall be treated using Tier 1 practices as detailed in the VSMM. (a) If it is not possible to treat the volume of stormwater runoff using a Tier 1 practice as specified in Section 13.05(D)(1) due to one or more of the following constraints: Page 273 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-15 South Burlington Land Development Regulations (i) Seasonally high or shallow groundwater, (ii) Shallow bedrock, (iii) Soil infiltration rates of less than 0.2 inches per hour, (iv) Soils contaminated with hazardous materials, as that phrase is defined by 10 V.S.A. §6602(16), as amended, (v) The presence of a “stormwater hotspot” as defined in the VSMM, or (vi) Other site conditions prohibitive of on-site infiltration runoff subject to the review and approval of the Development Review Board, then the WQv shall be treated on the lot using Tier 2 practices as described in the most recently adopted version of the VSMM. A site with an existing Tier 3 practice is allowed to evaluate retrofitting/expanding this practice to meet the requirements of Section 13.05(D)(2). Existing Tier 3 practices shall only be used to satisfy the requirements of Section 13.05(D)(1) in accordance with the Water Quality Practice Selection Flowchart in the VSMM. (2) The post-construction peak runoff rate for the one-year, twenty-four hour (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution) rain event shall not exceed the existing peak runoff rate for the same storm event from the site under conditions existing prior to submittal of an application. (3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff per section 13.05(D)(1) and 13.05(D)(2) cannot be achieved for areas subject to these regulations per Section 13.28(B) may utilize Site Balancing as defined in these Regulations. (4) New drainage structures shall comply with the following standards: (a) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution); (b) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure elevation. (c) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them. F. Design Requirements – Impacts to Municipal System. Stormwater runoff from sites meeting the requirements of Section 13.05(D), or sites that are exempt from Section 13.05(D), may discharge to the municipal stormwater system, or a stormwater system within a proposed future municipal right-of-way, provided that the stormwater system has adequate capacity to convey the twenty-five year storm event from the contributing drainage area. All applicants shall meet the following standards if it is determined that their project may have impacts to municipal stormwater system: (1) New drainage structures connected to the municipal stormwater system, or a stormwater system within a proposed future municipal right-of-way, shall comply with the following standards: (a) New drainage structures should be located within the street right-of-way (b) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour (4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution); (c) Drainage pipes must have a minimum diameter of 15” and be connected to drainage structures using booted connections. Page 274 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-16 South Burlington Land Development Regulations (d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure elevation. (e) House footing drains shall only be connected to drainage facilities located in the street right-of- way when a suitable location to daylight the footing drain cannot be found. (f) Footing drains must not be connected to road underdrain. (g) Any footing drains connected to drainage facilities in the street right-of-way shall be provided with a backflow preventer. (h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them. (2) Drainage Structures To Accommodate Upstream Development. Culverts, pipes, or other drainage facilities shall be of sufficient size to accommodate potential runoff from the entire upstream drainage area, whether or not all or part of the upstream area is on the applicant’s lot or the parcel subject to the application. In determining the anticipated amount of upstream runoff for which drainage facilities must be sized, the applicant shall design the stormwater drainage system assuming the total potential development of upstream drainage areas. All drainage structures shall be designed to, at a minimum, safely pass the twenty-five year, twenty-four hour rain event (rainfall data to be determined using NOAA, Atlas 14 and a type II rainfall distribution). (3) Responsibility for Downstream Drainage Structures. In instances where the Stormwater Superintendent anticipates that additional runoff incident from a proposed development may overload an existing downstream drainage structure(s) and result in damage to private or public infrastructure or property, the DRB shall impose conditions requiring the applicant to incorporate measures to prevent these conditions, notwithstanding whether such improvements are located on or off the applicant’s property. G. Intermittent Stream Alteration and Relocation Standard. Alteration of Intermittent Streams. When a development incorporates Tier 1 or Tier 2 stormwater treatment practices (as defined in the VSMM) to manage the stormwater that an intermittent stream is conveying in pre-development conditions, the intermittent stream may be altered or relocated as part of stormwater treatment, provided the stormwater management system meets all standards in this Section. An alteration or relocation of an intermittent stream is exempt from the Vermont Stream Alteration Rule. 13.036 Airport Approach Cones (A) All applications for development within the Airport Approach Cones, as shown on the Overlay Districts Map, involving new or expanded buildings or structures shall provide documentation that either a Notice to the Federal Aviation Authority (FAA) is not required, or an application for a Determination of No Hazard has been submitted to the FAA. Where an application for Determination of No Hazard has been submitted, no zoning permit for construction shall be issued without demonstration of receipt of an issued Determination. A. General Restrictions. Notwithstanding the provisions of any other section(s) of these regulations, the uses permitted in any district in the Airport Approach Cones, as shown on the Official Zoning Map and Overlay Districts Map, shall be permitted subject to the following limitations: Page 275 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-17 South Burlington Land Development Regulations (1) No use shall be permitted which will produce electrical interference with radio communication or radar operations at the airport. (2) No use shall be permitted which could obstruct the aerial approaches to the airport. (3) All uses shall comply with applicable FAA or other federal or state regulations. (4) No lights or glare shall be permitted which could interfere with vision or cause confusion with airport lights. 13.04 Swimming Pools 13.06 Landscaping, Screening, and Street Trees 13.07 Exterior Lighting A. General Requirements. All exterior lighting for all uses in all districts except for one-family and two- family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are illustrated in Appendix D. “Source of light” shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. B. Specific Requirements for Parking Areas. Light sources shall comply with the following: (1) The number and spacing of required light pole standards in a parking area or lot shall be determined based on the type of fixture, height of pole, number of fixtures on the pole, and the desired lighting level. Unless the applicant can demonstrate a reasonable alternative, lighting shall be considered evenly distributed if the light fixtures are placed at intervals that equal four times the mounting height. (2) Pole placement, mounting height, and fixture design shall serve to minimize lighting from becoming a nuisance. All light sources shall be arranged so as to reflect away from adjacent properties. All light sources shall be shielded or positioned so as to prevent glare from becoming a hazard or a nuisance, or having a negative impact on site users, adjacent properties, or the traveling public. Excessive spillover of light to nearby properties shall be avoided. Glare shall be minimized to drivers on adjacent streets. (3) Poles shall be rustproof metal, cast iron, fiberglass, finished wood or similar structural material, with a decorative surface or finish. (4) Poles in pedestrian areas shall not be greater than 30 feet in height and shall utilize underground wiring. (5) Poles in all other areas shall not exceed thirty (30) feet in height, and shall utilize underground wiring. (6) Light sources on structures shall not exceed thirty (30) feet, or the height of the structure, whichever is less. Exterior lighting for parking garages and structures shall be mounted no higher that the roof of the structure. (7) Safe pole locations: Breakaway poles shall not be used in parking lots. Poles shall not be erected along the outside of roadway and ramp curves or where vehicles must make sharp turns. Poles should not be located where they might be susceptible to collision strikes. Poles located behind longitudinal traffic barriers should be offset sufficiently to allow for barrier deflection under impact. Page 276 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-18 South Burlington Land Development Regulations (8) Pole location in parking lots: Pole locations shall be coordinated with stall and aisle layouts. Where practical, poles should be near the end of parking rows or around the perimeter of the lot. When located at parking stall boundaries, light poles should be mounted on concrete pedestals. Where raised medians or islands are used to separate adjacent stalls, light poles should be placed in these areas unless pedestrian traffic will be inconvenienced. Where light poles are placed between parking rows in the interior of the lot, the poles should be located on the center line of double rows of parking stalls and on the center line of two opposing stalls and should not be placed on the stall line between cars where fender damage might occur. C. Stadium Lighting in the Municipal District (MU). Notwithstanding any other provisions of these Regulations, the DRB may approve as a conditional use the installation of lighting structures not exceeding eighty feet (80’) in height that are used exclusively to illuminate recreation fields in the Municipal District during the conduct of co-curricular competitions, practices and events that are conducted, sponsored and supervised directly by the South Burlington School District which involve participation by students enrolled in the South Burlington School District, subject to the following conditions: (1) A photometric plan prepared by an engineer or professional lighting designer shall be submitted which indicates pole locations and light levels on the property, with maximum light levels, average light levels, and light levels at all property boundaries clearly indicated. (2) There shall be no light trespass from the stadium lighting onto any residentially zoned property. (3) Lighting shall be designed and shielded so as to avoid “hot spots” or other concentrations of high light levels. (4) Cut sheets shall be submitted indicating fixture and bulb types, heights, lighting angles, pole materials, shielding and other pertinent information sufficient for technical review by a qualified lighting consultant. (5) The DRB shall have the authority to seek an independent technical review by a qualified lighting consultant of any such proposal. (6) No stadium lighting may be illuminated after 11:00 PM. 13.08D. Specific Requirements for Nighttime Illumination of Governmental Flags. A. The City encourages those who fly the Flag of the United States to observe the custom prescribed in the United States Flag Code of displaying the flag from sunrise to sunset. However, if governmental flags are to be flown at night and are to be illuminated, the regulations in this Section apply. (1) Application. An applicant for nighttime illumination shall submit to the Administrative Officer an Application for Zoning Permit along with a Lighting Design Plan as described in (i9) below. (2) Flag Type. Only governmental flags may be illuminated. Nongovernmental flags shall not be flown on a pole with an illuminated governmental flag. No more than three (3) governmental flags may be flown on the same pole. (3) Dimensional Requirements. A governmental flag to be illuminated may not exceed sixty (60) square feet in size. Flagpoles may not exceed thirty-five (35) feet in height. (4) Lighting Fixtures. A flag shall be illuminated by no more than two (2) fixtures per pole. There shall be no more than two (2) fixtures per property used to illuminate flags, irrespective of the number of flagpoles installed on a property. Only narrow beam spotlights with glare controls (such as but not limited to louvers, grids, full hoods, or "barn door" baffles) may be used. The fifty percent (50%) beam spread of the fixture(s) used shall correspond to the area of the flag(s) to be illuminated. Fixtures may be mounted Page 277 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-19 South Burlington Land Development Regulations at grade, on the flagpole to be illuminated, or on stanchions no more than twenty-four (24) inches above grade. Ground- or stanchion-mounted fixtures shall be located no more than fifteen (15) feet from the base of the flagpole. Wall-mounted fixtures located on adjacent buildings are prohibited. (5) Illumination Level. An application may be based, at the applicant's discretion, on either the maximum total light level on the flag, measured in initial foot-candles and determined by the geometric relationship of the flag to the proposed lighting fixture or fixtures; or the total lumen power of each lamp used to illuminate the flag. Manufacturers' data for lamps and fixtures and the Lighting Plan submitted by the applicant must provide sufficient information to make a determination on one of the applicable criteria. Maximum total illumination levels shall not exceed the following standards: (a) Maximum light level on the flag on properties having a principal frontage on Williston Road, Shelburne Road, or Dorset Street between Williston Road and Kennedy Drive, and properties in the Commercial 1, Commercial 2, Municipal, Mixed Industrial Commercial, and Industrial Open Space Districts with frontage on Interstate Highway 89 or Interstate Highway 189: one hundred (100) initial foot-candles. (b) Maximum light level on the flag, all other lots: fifty (50) initial foot-candles. (c) Total initial lumen power of each lamp used to illuminate the flag on properties having a principal frontage on Williston Road, Shelburne Road, or Dorset Street between Williston Road and Kennedy Drive, and properties in the Commercial 1, Commercial 2, Municipal, Mixed Industrial Commercial, and Industrial Open Space Districts with frontage on Interstate Highway 89 or Interstate Highway 189: 36,000 initial lumens. (d) Total initial lumen power of each lamp used to illuminate the flag, all other lots: 15,000 initial lumens. (6) Setbacks from Residential Properties. Any flagpole to be illuminated per the provisions of this section shall be located a minimum of one hundred (100) feet from all property lines of any adjacent parcel zoned Residential 1, Residential 2, Residential 4, Residential 7, Residential 12, Residential 7 with C- 1, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant District. (7) Lamp Type. Lamps used shall be metal halide or another type having a Color Rendering Index (CRI) over sixty-five (65). (8) Glare Control. Fixtures shall be aimed directly at the flag(s) to be illuminated. No portion of the lamp(s) or reflective surfaces on the fixture(s) shall be visible from a roadway or from adjoining properties. (9) Lighting Design Plan. An applicant shall submit a Lighting Design Plan with the following information: (a) The location of property boundaries, nearby roadways, the flagpole to be illuminated, and the lighting fixtures to be used. (b) The proposed mounting type, location(s) and dimensions (ground, flagpole or stanchion). (c) A statement of the illumination level measurement to be used (initial foot-candles at the flag or lumen power of the lamps) and a diagram sufficient to determine lighting levels at the flag if initial foot-candles are the measurement to be used to determine compliance. (d) An illustration of the area that will be illuminated by the proposed fixtures. (e) The manufacturer's specifications for the lighting fixture(s) to be used, including lamp type, beam spread, Color Rendering Index, wattage, and glare controls. Page 278 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-20 South Burlington Land Development Regulations 13.085 Outdoor Storage and Display A. Outdoor Storage. Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor storage shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application. (2) The Development Review Board may require that outdoor storage areas in connection with commercial or industrial uses be enclosed and/or screened where the storage area may comprise an attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or where the Board finds that said storage areas are in view of residentially-zoned parcels. B. Outdoor Display. Except for uses within buildings in full compliance with the requirements of the City Center FBC District (ie, not nonconforming), outdoor display of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application that clearly indicates the location of any outdoor display areas. (2) Outdoor display of equipment is prohibited where such equipment is fitted with arms, lifts, buckets, or other parts that can be elevated and where such parts are displayed in an elevated manner. This does not include boats with masts, bridges, or canopies. 13.09 Bus Shelters A. Specific Requirements. Bus shelters may be constructed adjacent to or within street rights-of- way in any zoning district after approval of a site plan by the Development Review Board. The shelter shall be located to permit ample room for the bus to conveniently leave the traveled roadway to pick up or discharge passengers. The design shall be harmonious with adjacent properties. Such structure shall not have more than one (1) sign, such sign not exceeding two (2) square feet in area. 13.0910 Solar Radiation A. General Requirements. The Development Review Board may regulate the height and setbacks of any structure, wall, fence, or shrubbery on any lot so as to protect the access of any abutting properties to solar radiation. Access to solar radiation shall be defined as full exposure to the sun along the entire south wall of a principal structure with no obstructions between the base of the wall and a twenty-four degree (24o) angle above horizontal. 13.11 Numbering Systems for Multi-Family Development A. General Requirements. All multi-family developments shall contain appropriate directional signs and numbering systems at major entrances. Signs shall be in conformance with the City of South Burlington Sign Ordinance and State of Vermont E-911 procedures. Page 279 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-21 South Burlington Land Development Regulations 13.1013.15 Connections across a Lot A. General Requirements. If structures on two (2) adjacent lots are owned and occupied by a single corporate entity or occupied (but not owned) by a single corporate entity or occupied by two (2) corporate entities between which long term contractual relations have been established which call for frequent movement of goods or people between the buildings, then the Development Review Board may approve construction of a connection between the buildings, even though the connection violates normal setbacks required elsewhere in these regulations, provided: (1) The connection is no larger than fifteen (15) feet in width. (2) The connector shall be subject to site plan review, and the application shall be signed by all involved property owners. (3) Fire doors shall be installed at both ends of the connection. (4) The connection in conjunction with other buildings and connections in the area will not obstruct emergency access. (5) The connection is designed to be architecturally integral to the design of both connected buildings. (6) The connection shall be securely locked at both ends and exit signs removed or disabled if the occupancy conditions set forth above are not met or if the owner(s) of the buildings determine that the connection is not to be used. (7) The connections shall be removed if the connector is not used and the occupancy requirements set forth above are not met for twelve months. (8) In the event of item (7) above, the Administrative Officer may grant six-month extensions if there is a reasonable expectation that the connector will be placed back in service within that time period. 13.12 Group Homes and Residential Care Homes A residential care home or group home to be operated under State licensing or registration, serving not more than eight persons who have a handicap or disability as defined in 9 V.S.A. §4501, shall be considered by right to constitute a permitted single-family residential use of property, except that no such home shall be so considered if it is located within 1,000 feet of another existing or permitted such home. 13.13 Family Child Care Home or Facility (Day Care Facility) D. A licensed non-residential child care facility shall be permitted in accordance Table C-1, Table of Uses, and shall be shall be subject to the requirements of Article 14, Site Plan Review and Table C-2, Dimensional Standards Applicable in All Districts. 13.16 Earth Products 13.117 Fences A. General Requirements. In this section, fence and wall shall be interchangeable terms. Page 280 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-22 South Burlington Land Development Regulations B. Specific Requirements. All fences are subject to the following provisions: (1) A fence shall be erected within the boundaries of the applicant’s property and shall be placed wholly within but not on the property boundaries. (2) A fence shall be erected so that its smooth or finished side faces an abutting property or roadway. All fence posts shall be placed on the inside of the fence, except for a fence to contain livestock. (3) No part of any fence shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of fences near the corner of a property at the intersection of two roads shall provide for a clear vision area defined as a triangular area formed by the street right-of-way lines at points which are thirty (30) feet distant from the intersection of the street right-of-way lines and measured along such lines. (4) A fence over four (4) feet in height shall require a zoning permit from the Administrative Officer. (5) A fence over eight (8) feet in height shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (6) A fence over eight (8) feet in height shall be considered a structure subject to normal setback requirements for the zoning district, unless otherwise approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (7) In the Queen City Park, R1-Lakeview, and Lakeshore Neighborhood Districts, a fence over four (4) feet in height shall require a zoning permit from the Administrative Officer and shall be subject to the following supplemental requirements: (a) No such fence shall exceed six (6) feet in height; and, (b) The fence shall have a maximum opacity of 50% on all sides. (78) No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or cause the blockage or damming of surface water. (89) No fence shall be erected that may create a fire hazard or other dangerous condition or that may result in obstruction to fire fighting. (910) Fences shall be maintained in a safe and substantial condition. (1011) No fence shall be located or constructed on a terrace or wall that will have an overall height of more than that permitted, unless otherwise approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (11) In the Queen City Park, R1-Lakeview, and Lakeshore Neighborhood Districts, a fence over four (4) feet in height shall require a zoning permit from the Administrative Officer and shall be subject to the following supplemental requirements: (a) No such fence shall exceed six (6) feet in height; and, (b) The fence shall have a maximum opacity of 50% on all sides. (12) Chain link fencing is prohibited in all Southeast Quadrant subdistricts except: (a) fencing for agricultural purposes, and (b) fencing for recreational purposes, such as baseball diamonds, tennis courts, basketball courts, dog parks, or similar activities. Any chain link fencing installed for these purposes shall be plastic coated in either dark green or black. Page 281 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-23 South Burlington Land Development Regulations (132) Notwithstanding any other provisions within these Regulations, applications under this Section 13.117 assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the City Center FBC District. C. Prohibited Fences and Materials. The following fences and fencing materials are specifically prohibited: (1) Barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically permitted. (2) Pointed metal fences. (3) Canvas and/or cloth fences, except when used to protect shrubs and vegetation. (4) Poultry and/or turkey wire fences within minimum front, side and rear setbacks. (5) Temporary fences, unless for snow control. Snow control fences shall be allowed from November 1 through to the following May 1. (6) Expandable fences and collapsible fences, except during construction of a building. (7) Chain link fences erected with the open loop at the top of the fence. D. Exemption. All existing fences that do not conform to the provisions of these regulations may be continued as they presently exist, except that these fences shall not be altered, extended, replaced or modified except in accordance with these regulations. 13.1812 Utility Cabinets and Similar Structures A. General Requirements. In any district, the Development Review Board may grant site plan approval for the construction of a utility cabinet, or similar structure according to the following regulations. B. Specific Standards for Utility Cabinets and Similar Structures. (1) The facility shall serve the City of South Burlington and/or immediately adjacent communities. (2) The minimum required lot for a public utility cabinet, substation, or communication relay station on its own parcel may be reduced from the zoning district requirements, at the discretion of the Development Review Board. In the event that the facility shall be erected on property not owned by the utility, the Development Review Board shall require that the facility be located unobtrusively. (3) If the parcel containing the facility is landlocked, there shall be a recorded easement or permission granting access to the utility or owner of the facility. (4) There shall be sufficient landscaping or fencing with evergreens of sufficient height and density opacity to screen effectively the facility year-round from surrounding streets and abutting unaffiliated propertiesy. Landscaping may allow for the use of any doors so long as the door-side of the units are not visible from an existing or planned public street. (5) There shall be adequate off-street parking for maintenance, service, or other vehicles. (6) The location of the facility shall be shown on all relevant site plans. (7) The Development Review Board may attach conditions in order to prevent any hazard to the public or noise nuisance to surrounding property. Utility cabinets and similar structures shall be located a minimum of five (5) feet from all existing or planned public roads or rights-of-way. Page 282 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-24 South Burlington Land Development Regulations (8) A facility that would be a nuisance to surrounding properties due to smoke, gas, heat, odor, noise, or vibration shall not be permitted in any district. 13.193 Signs A. General Requirements. No signs shall be erected or maintained except in conformance with the Sign Ordinance of the City of South Burlington. 13.1420 Subsurface Sewage Disposal Systems. A. General Requirements. No building or structure shall be erected or altered unless an adequate sewage disposal system is provided in compliance with all applicable regulations of the City of South Burlington Sewer Ordinance and the Vermont Agency of Natural Resources. 13.1521 Satellite Dishes A. General Requirements. Satellite dishes over three (3) feet in diameter shall not be located within the area between the street line and the building (the front yard). Satellite dishes shall be suitably screened or landscaped. Satellite dishes shall not be placed in the side or rear setbacks. 13.22 Seasonal Mobile Food Units 13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary hospitals 13.24 Self Storage in the Mixed Commercial-Industrial (CI) District within Transit Overlay District 13.25 16 Retaining Walls A. General Requirements. In this section, a retaining wall shall be distinct from a fence or wall. B. Specific Requirements. All retaining walls shall be subject to the following requirements: (1) All retaining walls shall require a zoning permit from the Administrative Officer. (2) A retaining wall shall be erected within the boundaries of the applicant’s property and shall be set back at least five (5) feet from all property boundaries. (3) No part of any retaining wall shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of retaining walls near the corner of a property at the intersection of two roads shall provide for a clear vision area defined as a triangular area formed by the street right-of-way lines at points which are thirty (30) feet distant from the intersection of the street right-of-way lines and measured along such lines. (4) A retaining wall over eight (8) feet in height or proposed to be located within five (5) feet of a property boundary shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review, and shall include a demonstration by a certified engineer that the retaining wall is structurally sound to serve its intended purpose. (5) Retaining walls shall be maintained in a safe and substantial condition. Page 283 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-25 South Burlington Land Development Regulations 13.26 Auto & Motorcycle Sales, Limited 13.27 Food Hubs 13.28 Limited Neighborhood Commercial Use 13.17 Residential Design for New Homes A. Purpose. It is the purpose of this Section to promote pedestrian-oriented, energy efficient design of buildings that are not otherwise subject to site plan or supplemental design review under these Regulations. It is further the purpose of this Section to discourage repetitive design within and amongst neighborhoods. B. Applicability. This section applies to all new residential or predominantly-residential buildings except: (1) Buildings approved as part of an existing, unexpired subdivision or Planned Unit Development approval, or for which a complete application has been submitted prior to the effective date of these Regulations; (2) Buildings receiving approval as permitted Building Type in conjunction with an application for a Planned Unit Development employing Building Types; (3) Buildings on lots that exceed one (1) acre in size; and, (4) Buildings with the City Center Form Based Code District. C. Standards (1) Building Orientation. Residential buildings must be oriented to the street, to an approved civic space, or to a courtyard. Primary entries for single family and multi-family buildings must face the street, civic space, or courtyard. Secondary building entries may open onto garages and/or parking areas. Buildings should be oriented to maximize living space and windows to the south, east and west. Residential buildings should orient their rooflines to maximize solar gain potential, to the extent possible within the context of the overall standards of the regulations. (2) Building Façades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but façades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi-private space and are oriented to the street are encouraged. Residential buildings with rear facades that orient towards a public recreation path should employ rear porches, balconies, or other features to enhance their architectural detail. (3) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot line, the face of the garage that includes the vehicle entrance must be set back a minimum of eight feet (8’) behind the front façade of a single or two-family dwelling. For buildings containing three or more dwelling units, the requirements of Section 14.06A shall apply. (a) The DRB or Administrative Officer may waive this provision for garages with vehicle entries facing a side lot line, provided that (i) the garage is visually integrated into the single or two-family dwelling; and (ii) the face of the garage that is oriented to the street is no more than eight feet (8’) in front of the front façade of the house. (b) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses. Page 284 ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-26 South Burlington Land Development Regulations (4) Garages as percentage of front façade. Front-facing garages that are part of a principal building shall not exceed 40% of the linear width of the building’s front façade. For buildings containing three or more dwelling units, the requirements of Section 14.06(A) shall apply. (a) For lots with frontage on Lake Champlain that are less than 100’ in width at the front setback line, the non-garage portion of the principal building must be at least ten (10) feet in width at the front building line and the entry facing the street must be prominent. Figure 13-5: Residential Garage Placement Options Page 285 14-1 South Burlington Land Development Regulations 14 SITE PLAN and CONDITIONAL USE REVIEW 14.01 General Purpose 14.02 Definition of Site Plan 14.03 Uses and Actions Subject to Site Plan ApprovalReview 14.04 Authority for Review and Approval of Site Plans 14.05 Application, Review, and Approval Procedure 14.06 General Review Standards 14.07 Specific Review Standards 14.08 Integration of Procedures[reserved] 14.09 Administrative Review [reserved] 14.10 Conditional Use Review: General Provisions and Standards 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards 14.01 General Purpose It is the purpose of this Article to regulate site development plans in order to advance high-quality built environments in the City. Site plan and conditional use standards are intended to ensure safe, accessible, and ecologically and environmentally sound site design and layout, efficient use of land, safe access and egress for all users, energy efficiency, and context-sensitive design. that adequate light, air, convenience of access, and safety from fire, flood, and other danger may be secured; that congestion in the public streets may be lessened or avoided; that the public health, safety, comfort, morals, convenience, and general public welfare may be promoted; and that the preservation of historic landmarks, sites, districts, and buildings be promoted. The site plan review processes and the conditional use review process will allow the City of South Burlington to review the arrangement, layout, use interrelationships and neighborhood complementationimpacts of sites intended for development or redevelopment and to ensure the aesthetic quality of such design to conform to the planned character of the neighborhood and the balance of goals of the comprehensive plan. In reviewing site plans and conditional uses, appropriate conditions and safeguards may be imposed with respect to the adequacy of pedestrian and vehicular access, circulation, parking, landscaping and screening, and to protecting the utilization of renewable energy resources. 14.02 Definition of Site Plan As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to specifications contained in this article. The site plan shall show the arrangement, layout, and design of the proposed use of a single parcel or assembled parcels of land. 14.03 Uses and Actions Subject to Site Plan ApprovalReview A. Site Plan Approval Required. Site plan approval shall be required prior to issuance of a zoning permit in all districts, except as provided in subsection B, for: (1) Outside of the City Center FBC District: (a) Any new use, change in use, or expansion of use in any district. (b) Uses subject to conditional use permit approval. See Section 14.10 below. (c) Any alteration or change to an approved site plan. (d) New parking lots or expansions of existing parking lots. (e) Any structure formerly used as a residence proposed for conversion to non-residential use. Page 286 14-2 South Burlington Land Development Regulations (f) Any planned unit development. See Article 15, Planned Unit Development, for specific regulations. (g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington Sign Ordinance. (2) Within the City Center FBC District: (a) Any alteration or change to an approved site plan. (b) Any new structure, or addition to, replacement of, or reduction to a structure. (c) New parking lots or expansions to existing parking lots (d) Any change in use from a non-residential to a residential use or vice-versa. (e) Landscape feature signs, as set forth in the South Burlington Sign Ordinance. B. Excluded from Site Plan Review. Specifically excluded from the provisions of this article are: (1) One-family dwelling on a single lot, its accessory structures, and related features such as decks, pools, sheds, and detached garages. (2) Two-family dwelling on a single lot, its accessory structures, and related features such as decks, pools, sheds, and detached garages. (3) Agricultural, and horticultural, and silvicultural uses exempt from local review pursuant to 24 VSA 4413. (4) Forestry uses. Minor alterations to a site, such as the addition or bicycle racks or pads, electric vehicle charging stations, mailboxes, not exceeding forty (40) square feet in area each, provided that the applicant provide a mark-up to the Administrative Officer at the time of Zoning Permit application and such alterations do not interfere with access, safety, or circulation on the site. All such alterations must be indicated on the any subsequent applications that involve an amendment to the Site Plan. (5) Renovations that are one hundred percent (100%) internal to an existing building or structure. (6) Exterior renovations to an existing building or structure that do not increase, alter or otherwise modify the outer envelope of said building or structure, except in design review overlay districts (see Article 11)where architectural standards apply. (7) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks, except where the cumulative disturbance exceeds the thresholds established in Section 13.05 (stormwater management) are exceeded. (8) Repairs to existing swimming pools. (9) Fences and walls as provided in these Land Development Regulations. (10) Any clearance of scrub or brush not including trees, plants or shrubs approved as part of a planting plan for site plan approval. Removal of any trees of caliper greater than 5” shall require site plan approval. See also Section 13.06 (I) for maintenance and responsibility for landscaping improvements. 14.04 Authority for Review and Approval of Site Plans A. Authority, Development Review Board (DRB). The DRB has the authority under these Regulations and 24 V.S.A. § 4414 and § 4416 to: (1) Review and approve, approve with modifications or conditions, or disapprove an application for a site plan under the standards of these Regulations. The Development Review Board shall have the Page 287 14-3 South Burlington Land Development Regulations authority to review and approve, approve with modifications, or disapprove site plans prepared to the specifications set forth in this Article, except as provided for administrative site plan reviews. (2) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4464, and Section 17.08 of these Regulations as required prior to the recording of a subdivision plat. (3) Modify a dimensional requirement under this Article or the Table of Dimensional Standards (Appendix C). (a) The DRB may modify a dimensional requirement under this Article or the Table of Dimensional Standards (Appendix C) subject to conditions, if it finds that due to physical site limitations, including Hazards or Level I Resources, or other legal or development constraints specific to the land to be subdivided, including the lack of existing or planned connecting facilities or services adjacent to or in proximity to the subdivision: (i) The requirement is not necessary to ensure public health, safety and welfare; (ii) The proposal modification is demonstrated to better meet the purposes of this Section, the applicable zoning district, and the Comprehensive Plan; and, (iii) The modification or waiver is the minimum necessary to afford relief and represents the least deviation from the standards and requirements of these Regulations. The DRB in granting a modification or waiver under this section may impose conditions which, in its judgment, are necessary and appropriate to mitigate any adverse effects, and to ensure compliance with the above standards of review. (b) Limitations. In granting a modification, However, iIn no case shall the DRB permit: (i) the location of a new structure less than five (5) feet from any property boundary; and in no case shall be the DRB allow (ii) land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development;, or (iii) increasing the coverage on sites where the pre-existing condition exceeds the applicable limit; or. (iv) an increase in residential density above the allowed maximum in the applicable zoning district, outside of review as Planned Unit Development (Article 15C), Inclusionary Zoning (Section 18.01) or via a Transfer of Development Rights (Article 9); or, (i) (v) the location of parking not in compliance with Section 14.06 (B)(2). (c) All requests for modification must be submitted in conjunction with the application for site plan. The DRB, in granting a modification under this section, may impose conditions that in its judgment are necessary and appropriate to meet the objectives or to mitigate the adverse impacts of any modified or waived requirement. B. Authority, Administrative Review. A. Authority. The Department of Planning and Zoning is hereby authorized to conduct administrative review and approval of site plan applications for principal permitted uses and conditional uses, as provided Note! A Planned Unit Development (PUD) under Article 15C should be considered for more innovative types of planned development that incorporate modifications in layout, density and design intended to meet specific community objectives. Page 288 14-4 South Burlington Land Development Regulations below. The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4416 and § 4464 to Review and approve, approve with modifications or conditions, or disapprove an application for a site plan under the standards of these Regulations. B. (1) Determination of EligibilityAll areas, except within the City Center Form Based Code District. All determinations of eligibility for administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative Officer shall not approve administrative amendments to master plans, subdivisions, or variances. The Administrative Officer may review, approve, approve with conditions, or deny disapprove administrative amendments to site plans involving a principal permitted use, site plans involving an approved conditional use, and site plans of planned unit developments, site plans for land development related to stormwater management regulated in Section 13.05, site plans for land development on a steep slope regulated in Section 12.03, site plans for land development related to the development of an Environmental Restoration Project, if the proposed amendment meets one or more of the following criteria: (1a) Relocation of site improvements and/or accessory structures that have been previously approved, provided that such relocations do not alter the approved coverage for the site. (b2) Re-approval of plans if a permit issued by the Development Review Board has expired within the preceding six months and no changes or alterations of any kind are proposed, including those outlined in (d4) below. (c3) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that such adjustments do not require the amendment of any condition of approval in the most recent findings of fact. (d4) Minor alterations to an approved landscaping plan such as substitution of appropriate similar species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in the amended plan is equal to or exceeds the amount approved by the Development Review Board. (e5) An increase in building area and/or impervious coverage totaling less than five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised that the cumulative total increase in building area and/or site coverage cumulatively permitted through all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall be required for any amendment exceeding these limits. (f6) All coverage and other limitations pursuant to these regulations shall apply in determining whether an administrative amendment shall be approved. (g7) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974). (h8) Changes in use of all or part of a building or structure with prior site plan approval to a permitted use in the applicable zoning district, provided the proposed use, whether solely or in combination with other uses subject to the same approval, will not result in any permitting requirement or threshold being exceeded or violated. (2) C. Determination of Eligibility wWithin City Center Form Based Code District. The Administrative Officer shall review all applications except: (1) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line Adjustments); Page 289 14-5 South Burlington Land Development Regulations (2) Applications involving new proposed public rights-of-way, parks, or other land proposed to be deeded to the City of South Burlington; (3) Requests for development within any of the water or wetlands resources identified within Article 12 of these Regulations; (4) Applications for development within Areas of Special Flood Hazard; or (5) Where specifically stated in these Regulations D. Reporting of Decisions. All administrative approvals, except those within the City Center FBC District, shall be reported by the Administrative Officer to the Development Review Board at least annually, and all such decisions of the Administrative Officer shall state that the decision may be appealed in accordance with State law. CB. Review Period. Where site plan review by the Development Review Board or Administrative Officer is required, the Development Review Board or the Administrative Officer shall act to approve or disapprove any such site plans within the time required by applicable state law. Failure to so act within said period shall be deemed approval. Copies of the Development Review Board or Administrative Officer’s decision, along with findings of fact, shall be sent to the applicant. 14.05 Application, Review, and Approval Procedure A. Pre-Submission (Sketch Plan).Meeting Prior to a formal submission, the applicant should meet in person with the Administrative Officer and other City officials as desired to discuss the proposed site plan. The intent of such a conference is to enable the applicant to inform the Department of Planning and Zoning of the proposal prior to the preparation of a detailed site plan and for said Department to review the basic site design concept, advise the applicant as to potential problems and concerns, and to determine generally the type of information to be shown on and submitted with the site plan. B. Submission. A site plan generally shall be prepared by a registered architect, licensed landscape architect, licensed land surveyor, licensed engineer, or professional land planner. The site plan shall be submitted to the Administrative Officer. C. [Reserved]. Combined Review & Decisions A. (1) Integration of Procedures. Except within the City Center Form Based Code District, there may be applications where the particular circumstances of a proposed development require compliance with other procedures in these regulations, such as conditional use permit review. In such cases, the Development Review Board shall integrate site plan review as required by this article with the other procedural and/or submission requirements. Such integration of procedures may require, upon mutual written consent of the Development Review Board and the applicant, reasonable modification of the time schedules otherwise stated in this article or in said related regulations or requirements. (2)C Combined Decision for Conditional Uses. Where a conditional use permit is required, the Development Review Board shall make the determination on the conditional use permit and on the site plan permit required for the conditional use and shall issue one (1) set of findings of fact pertaining to both. Page 290 14-6 South Burlington Land Development Regulations (3) E. Combined Administrative Review and Zoning Permit. Where a decision issued by the Administrative Officer contains no conditions requiring modifications to plans or supplemental submissions, the Administrative Officer may issue any required zoning permit concurrently with the decision. D. Application for Site Plan. See Appendix E, Submission Requirements. F. Development Review Board / Administrative Officer Action. (1) Outside of the City Center FBC District: (a) The Development Review Board or Administrative Officer shall review the site plan application, pursuant to Section 14.094. The DRB shall review the application against the site plan criteria in this Article 14 and any other applicable standards in these Regulations. If the DRB determines that the site plan and supporting material fail to demonstrate compliance with applicable standards, it shall deny disapprove the site plan. However, if it further determines that with a minor modification or modifications the site plan and supporting material would comply with applicable standards, the DRB may, in its discretion, impose a condition or conditions requiring such modification or modifications and approve the site plan. For the purpose of this section, a minor modification is one that leaves no part of its implementation to the discretion of the applicant. (2) Within the City Center FBC District: (a) The Administrative Officer or Development Review Board shall review the site plan application, pursuant to Section 14.0904. (b) For all applications, except those which meet one or more of the criteria listed in Section 14.09(B)(1-9), an application shall be deemed complete only after all the following actions have been completed by the applicant: (i) Participation in a pre-application meeting with staff of the Department of Planning & Zoning; (ii) Submission of all required information (see Appendix E); (iii) Demonstration of proof that applicant delivered to each of the adjoining landowners notice of the application in accordance with Section 17.06 of these Regulations, and, at a minimum the following information: (I) A project description and contact information provided by the Administrative Officer; (II) A site plan for the property on a paper size no less than 11” x 17”, and; (III) Invitation to an applicant-sponsored informational and input meeting; (iv) Posting of a notice of the proposed project on a form with project description provided by the Administrative Officer within view from the public right-of-way most nearly adjacent to the property for which the application is made; (v) Demonstration of proof that the applicant held an applicant-sponsored information and feedback meeting, by, at a minimum, providing a copy of summary notes from meeting. The purpose of this meeting is to give residents the opportunity to provide input and feedback to the applicant. Applicants are encouraged to make modifications to the application based on this feedback, so long as such modifications comply with these Regulations. Such meeting shall consist, at a minimum, of: Page 291 14-7 South Burlington Land Development Regulations (I) Notice of said meeting no less than seven (7) days in advance to all parties required within this section; (II) Said meeting shall be held in an ADA-accessible public building in the City of South Burlington; (III) Said meeting shall be held at a time that is convenient to the public ( a weekday evening or Saturday), and; (IV) Said meeting shall include an overview of the project by the applicant, an opportunity for all members of the public in attendance to offer oral input, and acceptance of any written input; (vi) The expiration of fifteen (15) days following receipt of the proof of delivery of notification of the application to adjoining landowners as described in this section, and; (vii) Issuance of a written statement from the Department of Public Works and Fire Department regarding compliance with these regulations. (c) The applicant may make revisions to an application following initial submittal. (i) Where the Administrative Officer determines that the revisions do not alter the overall description of the project, or that the revisions reduce the scale of the project, no new notification and no new applicant-sponsored information and input meeting shall be required. However, pursuant to 24 VSA §4448, the Administrative Officer shall have 30 days from the date that the applicant submits all revisions to the application to act with regard to the application. (ii) Where the Administrative Officer determines that the changes do alter the overall description of the project, all requirements of this section 14.05(F)(2) shall be met anew. (d) The Administrative Officer shall review the application against the site plan criteria in this Article 14, site plan, and the applicable BES in Article 8 and any other applicable standards in these Regulations, except as stated within this Article or within Article 8, City Center Form Based Code District. (e) Where tasks, actions and responsibilities are assigned to the Development Review Board, such tasks, actions, authorities, and responsibilities shall be administered by the Administrative Officer unless specifically assigned to the Development Review Board within the City Center FBC District. (f) If the Administrative Officer determines that the site plan and supporting material fail to demonstrate compliance with applicable standards, she/he shall deny disapprove the site plan. However, if she/he further determines that one or more minor modifications would bring the site plan and supporting material into compliance with applicable standards, the Administrative Officer may, in her/his discretion, impose a condition or conditions requiring such modification or modifications and approve the site plan. For the purpose of this section, a minor modification is one that leaves no part of its implementation to the discretion of the applicant. (g) Any appeal of the Administrative Officer’s action shall be done in accordance with the appeals process for Administrative Officer actions in these Regulations and applicable State law. (3) Upon approval, the applicant shall provide three (3) full-sized copies, one (1) copy reduced to 11" by 17", and one digital copy of the approved plan in digital form to the Department of Planning and Zoning. A copy of the Development Review Board's decision and findings of fact, shall be sent to the applicant and recorded in the City Clerk's office. Three (3) record copies of the plans shall be retained in the Department of Planning and Zoning. Page 292 14-8 South Burlington Land Development Regulations G. Waiver of Application Requirements. Except within the City Center Form Based Codes District, theThe Development Review Board shall have the authority to, when reasonable, waive any application requirements for site plan approval. Any such waiver may be exercised in the event any such requirements are 1) found not to be requisite in the interest of public health, safety, or general welfare or 2) inappropriate to a particular site plan because of the particular character or limited nature of a new development or change in use or conditions peculiar to a site or 3) will cause extraordinary and unnecessary hardship. H. Expiration of Approval. See Section 17.04. I. Field Changes and As-Built Plans (1) Field Changes (a) During construction, the Administrative Officer may authorize or require, in writing, at his/her own determination or upon the request of the applicant, minor adjustments to a site plan which does not affect the substance of the site plan approval. Such minor adjustments shall be consistent with the intent of the approved site plan. All determinations of eligibility for field changes are subject to the discretion of the Administrative Officer. (b) Where conditions are encountered which constitute a material change to an approved site plan or where the developer otherwise wishes to modify the approved site plan, an amendment to the approval shall be filed with the Development Review Board or Administrative Officer for review in accordance with procedures required for such applications. (2) As-Built Plans (a) Upon completion of any development or redevelopment pursuant to an approved final site plan involving field changes as set forth in (1) above, and prior to the issuance of a certificate of occupancy by the Administrative Officer, the applicant shall submit to the Administrative Officer as- built plans in paper and digital form, prepared and certified by a licensed engineer, architect, landscape architect or surveyor, showing the location of all site improvements as constructed. (b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance with the approved site plan, including any field changes authorized under subsection 1(a) above. The Administrative Officer shall indicate compliance with the Land Development Regulations by signature, and shall file one (1) copy with the Department of Planning and Zoning. J. Technical or Consultant Review of Site Plans. See Section 17.08, Development Review Board. K. Bonding Requirements. The owner or developer shall provide a performance bond, escrow account, or letter of credit in accordance with Sections 15.15 and 15.16 of these Regulations. 14.06 General Review Standards Except within the City Center Form Based Code District, the following general criteria and standards shall be used by the Development Review Board in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation while improving the visual appearance of the City of South Burlington. The Development Review Board shall not specify or favor any particular architectural style or design or assist in the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself Page 293 14-9 South Burlington Land Development Regulations to a reasonable, professional review, and, except as otherwise provided in the following subsections, the applicant shall retain full responsibility for design. A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. AB. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); (v) The principal use of the lot is for public recreation; or (vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the following criteria: (I) The lot is located in an approved subdivision where the parking on each lot in the subdivision is proposed to be located between the building or buildings on each lot and the public street so that a significant greenspace surrounded by buildings may be incorporated similar to a college campus style “quad”, as detailed below. (II) The parking on any lots that include a part of the greenspace shall be aligned in a similar fashion so that the buildings are located between the greenspace and the parking and so that the parking is located between the buildings and the public street to maintain the integrity and continuity of the greenspace . Prior to gaining approval from the Development Review Board, the applicant for each lot is required to provide a written agreement, such as a shared parking, greenspace and use agreement, from each lot owner in the approved subdivision whose lot will include a portion of the greenspace that provides that each lot owner will comply with this general parking, building and greenspace alignment, layout and design in the future development of each of their lots. (III) The minimum required total area of the greenspace shall be 150,000 square feet. For purposes of this subsection 14.067(B) (2)(b)(vi), “greenspace” shall be defined as a consolidated and continuous landscaped area located across more than two lots in the approved subdivision, similar in nature to a common open space, largely surrounded by Page 294 14-10 South Burlington Land Development Regulations buildings, but shall not include building or impervious parking areas. The greenspace may extend between buildings, but shall not extend beyond the building line of the principal building on each lot that includes a portion of the greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees, plantings, wetlands, and gardens, and may include impervious landscape features, such as path networks, sculptures, gazebos, water features, footbridges, sitting areas, stone walls, and other features and amenities that may be built within and throughout the greenspace in order to create a more attractive and enjoyable environment. The area of the greenspace shall be calculated by measuring and adding the portion of the total greenspace defined on the site plan for each lot in the approved subdivision that includes a portion of the greenspace. (IV) Any parking located between a proposed building and a public street shall include landscape screening at least three (3) feet in height above the grade of the adjacent public street, , except as necessary to maintain adequate sight distances. (vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s) on the lot; (I) In order to further reduce the likelihood of such conflicts, this exception to the general requirements for parking is only available when the uses of the lot(s) are limited to: 1. Distribution and related storage 2. Light manufacturing 3. Manufacturing 4. Processing and Storage 5. Warehousing and Distribution (II) The parking shall be limited as follows: 1. No more than 25% of the total parking on the lot shall be located between a public street and the building(s); 2. Parking shall be predominantly screened from the roadway with landscaping features, and separated from the roadway’s sidewalks or multi-use paths by one or more of the following Qualifying Open Spaces (as defined in Appendix FArticle 11.B, except for the location standards which are superseded by this subsection): Pocket/Mini Park; Wooded area; Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience on the adjacent public sidewalk or recreation path, (2) largely screen parking from the street right-of-way, and (3) provide for additional usable open space on the parcel. The open space shall represent a minimum of 35% of the total square footage of the parking spaces (not including circulation infrastructure) proposed to be located in front of the building. 3. The minimum required landscaping budget established by the Development Review Board pursuant to Section 13.06 04 shall increase by a percentage that is equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) on a lot. Of this total increased landscaping budget, the percentage that must be dedicated to installation of landscaping in the front yard shall be equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) (e.g., if the minimum required landscaping budget before any increase was $100,000, and if 10% of the total parking for the lot is proposed Page 295 14-11 South Burlington Land Development Regulations to be located between a public street and the building(s), then the minimum required landscaping budget shall increase by 10%, for a new total landscaping budget of $110,000, and no less than 10% of the new total landscaping budget, or $11,000, must be dedicated to installation of landscaping in the front yard). 4. The applicant shall construct a safe, paved pedestrian access from the street to the building’s main entrance. 5. The parking layout and circulation shall not interfere with safe pedestrian access from the street to the building’s main entrance. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas located to the side of building(s) at the building line shall not exceed one half of the width of all building(s) located at the building line. Parking area width. Surface parking areas and affiliated drive aisles located to the side of buildings shall not exceed the building width along any street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to 14.067(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. A.C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. Page 296 14-12 South Burlington Land Development Regulations D. Transportation Demand Management (TDM) [reserved] E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. FA. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. GB. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.1318, Infrastructure, Utilities, and ServicesUtility Services, shall also be met. HC. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. E. Modification of Standards. Except within the City Center Form Based Code District, where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. F Low Impact Development. The use of low impact site design strategies that minimize site disturbance, and that integrate structures, landscaping, natural hydrologic functions, and various other techniques to minimize runoff from impervious surfaces and to infiltrate precipitation into underlying soils and groundwater as close as is reasonable practicable to where it hits the ground, is required pursuant to the standards contained within Article 12. Page 297 14-13 South Burlington Land Development Regulations G. Standards for Roadways, Parking and Circulation. Standards of Section 15.12 Standards for Roadways, Parking, and Circulation shall be met. 14.08 Integration of Procedures [reserved] 14.09 Administrative Review. [reserved] 14.10 Conditional Use Review: General Provisions and Standards A. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington adopted comprehensive plan and are in accord with the policies set forth therein. B. Definition of Conditional Use. A conditional use shall be defined as a use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the general and specific standards for the location or operation of the use as specified in these regulations and as authorized by the Development Review Board. Uses requiring a conditional use permit are listed in Table C-1, Table of Uses. In granting approval for a conditional use, the Development Review Board may attach such additional, reasonable conditions and safeguards as it may deem necessary to implement the purposes of these regulations. C. Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall be required prior to issuance of a zoning permit in all districts where such uses are listed as conditional uses in the District Regulations. Any alteration, extension or other change to an existing conditional use shall require review under the requirements of this section. D. Review and Approval Procedure. A use designated as a conditional use in any district may be permitted by the Development Review Board, after public notice and public hearing, according to the following procedures: (1) Any conditional use shall be either: (a) subject to site plan review, except as provided for in Section 14.03(B), and therefore reviewed under the requirements of Article 14, Site Plan and Conditional Use Review; or, (b) subject to planned unit development review and therefore reviewed under the requirements of Article 15, Planned Unit Development; or,. (c) subject to conditional use review only for a conditional use that within or deemed a single or two-family dwelling. (2) The Development Review Board may require submission of plans, data, or other information in addition to the requirements of Article 14, as it deems necessary. (3) The Development Review Board shall act to approve or disapprove a requested conditional use within forty-five (45) days after the close of the final public hearing held under this section, and failure to so act shall be deemed approval. (4) In approving a conditional use, the Development Review Board may attach additional requirements as it may deem necessary to implement the provisions of the South Burlington Comprehensive Plan and these regulations. Page 298 14-14 South Burlington Land Development Regulations E. General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. (a) A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit dwellings may not be denied solely due to an undue adverse effect on the character of the area affected. (3) Traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. (5) Utilization of renewable energy resources. F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for more than six (6) months for any reason, unless an umbrella approval has been granted. 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards A. Parking garages. Review of such use shall include a review of the proposed structure's aesthetics and potential off-site impacts including but not limited to lighting, traffic, and circulation. B. [Reserved] Drive-Through Facilities (1) Applicability. Drive-through facilities are prohibited in all districts except where specifically provided for in Article 8 (Form Based Code) and Appendix C – Table of Uses. (2) Supplemental Standards. Where permitted, and in addition to any design, building, or placement requirements within these Regulations, applications for a drive-through facility shall be subject to the following supplemental requirements: (a) Compliance with Traffic Overlay District provisions, if applicable. (b) Compliance with an approved access management plan providing for curb cut consolidation and secondary access. (c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length and aisle width. C . Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. A service station that is a primary use on its lot may be allowed to have a convenience store as an accessory conditional use, subject to the following: (1) The proposed convenience store shall be an accessory use located on the same lot as primary use service station. (2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-packaged foods for personal or household consumption. Page 299 14-15 South Burlington Land Development Regulations (3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000) square feet. (4) Location of primary use. The service station shall have a minimum street frontage of one hundred (100) feet on an arterial road. (5) [Reserved] (6) [Reserved] (57) Hours of operation. The consumer convenience center shall be accessory to the primary use and as such shall be open for business during the same hours as the pumping operation of the service station. (68) Parking. Where parking is located near a residential district boundary, the applicant shall provide landscaping, and/or fencing or screening in the mandatory setback. (79) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that the proposed lighting plan will adequately light the store exterior and related parking area and will not shed light onto abutting residentially zoned land. D. Gasoline Filling Stations/Service Stations. No new gasoline filling stations or service stations shall be permitted within one thousand (1,000) linear feet in any direction from the property boundaries of an existing gasoline filling station or service station. E. Processing and Storage. (1) Hours of operation, including hours of truck delivery or pick-up activities, shall be limited by the DRB consistent with the character of the adjacent neighborhood and proximity to residential areas and residentially-zoned lands. (2) The DRB shall have the authority to limit the total square footage that may be devoted to processing and storage on any lot or within any one building to ensure compatibility with adjacent land uses. [additional items reserved] F. Alteration of Existing Grade (1)A. Permit Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or other similar material in an amount equal to or greater than twenty (20) cubic yards, except when incidental to or in connection with the construction of a structure on the same lot, shall require the approval of the Development Review Board. The Development Review Board may grant such approval where such modification is requested in connection with the approval of a site plan, planned unit development or subdivision plat. This section does not apply to the removal of earth products in connection with a resource extraction operation (see Section 14.11(G)13.16, Earth Products.) (2)B. Standards and Conditions for Approval. (1) (a) The Development Review Board shall review a request under this Section for compliance with the standards contained in this sub-Section 3.1214.11(BF). and Section 3.07, Height of Structures of these regulations. An application under this section Section 3.12(A) above shall include the submittal of a site plan, planned unit development or subdivision plat application showing the area to be filled or removed, and the existing grade and proposed grade created by removal or addition of material. (2) (b) The Development Review Board, in granting approval may impose any conditions it deems necessary, including, but not limited to, the following: Page 300 14-16 South Burlington Land Development Regulations (a i) Duration or phasing of the permit for any length of time. (b ii) 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 iii) Provision of a suitable bond or other security in accordance with Section 15.A.2015 adequate to assure compliance with the provisions of these Regulations. (d iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of Structures. B.G. 13.16 Earth Products (1)A. General Requirements. The conduct of a resource extraction operation that involves the removal of loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with the construction of a building on the same lot, shall be permitted in any district, except as limited by the Surface Water Environmental Resource Protection Standards and Interstate Highway Overlay District, subject to site plan approval by the Development Review Board after public notice. (2)D. Review Authority. Notwithstanding any other provisions within these Regulations, applications under this Section 14.11(G) 13.16 shall be reviewed by the Development Review Board in all Zoning Districts and the City Center FBC District. (3)F. Exemption. The provisions of this section shall not apply to the removal of earth products from an operating farm, nursery, or cemetery, or stormwater facility previously approved by the Development Review Board or Administrative Officer, to the extent that such removal is necessary to the operation of same. An official exemption shall be obtained from the Administrative Officer, who will determine if Development Review Board approval is or is not required. (4)B. Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within one (1) calendar year period shall include the submittal of a site plan showing the area from which earth products are to be removed. Also, the application shall include specific information pertaining to the following factors and such other information as the Development Review Board may require. At minimum, the following information shall be required: (1 a) Depth of excavation, in proximity to roads or adjacent properties. (2 b) Existing grade and proposed grade created by removal of material. (3 c) Effect upon public health and safety. (4 d) Creation of a nuisance. (5 e) Effect upon the use of adjacent properties by reason of noise, dust or vibration. (6 f) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on public ways. (7 g) Erosion potential due to removal of vegetative cover. (5)C. Conditions of Approval. The Development Review Board, in granting its approval, may impose conditions on the following: Page 301 14-17 South Burlington Land Development Regulations (1 a) Duration of the permit for any length of time that the Development Review Board deems appropriate. (2 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. (3 c) Hours of operation, routes of transportation, and amount of material to be removed. (4 d) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure compliance with the provisions of these Regulations. (6) E. Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the water table or will interfere with the natural flow patterns or reduce the flood storage capacity. H. Accessory Dwelling Units Supplemental Allowance An Accessory Dwelling Unit (ADU), or portion thereof that is proposed to be within the required setback applicable to a single family home may be approved as a Conditional Use, subject to the following: (1) The ADU must comply with all provisions of Section 3.11 (Accessory Dwelling Units) except setback standards; (2) The ADU shall only be situated where an accessory structure on the lot may be placed; (3) The ADU, and any portion thereof, must not exceed 15’ in height; (4) The ADU must not exceed 600 s.f. gross floor area; (5) The principal entry to the ADU must not be oriented a side or rear lot line; and, (6) The proposed encroachment of the ADU must not have an undue adverse affect on: (a) views of adjoining and/or nearby properties; (b) access to sunlight of adjoining and/or nearby properties; and, (c) privacy of adjoining and/or nearby properties. I.13.22 Seasonal Mobile Food Units Seasonal mobile food units shall be subject to site plan review and the following requirements: (1) A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from the Vermont Department of Health. (2) A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16) people. Temporary outdoor seating shall be placed directly on the ground with no foundation or underlying structure. (3) A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00 am. (4) A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall be removed from the property at the expiry of its permit under these regulations. (5) A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations. Page 302 14-18 South Burlington Land Development Regulations (6) Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the South Burlington Police Department, South Burlington Fire Department, and South Burlington Department of Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has, created unsafe vehicular or pedestrian traffic conditions adjacent to the property. (7) A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months, from April 1 to October 31, after which time it expires. (8) A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the request of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of the permit and these regulations have been met to date and in the previous year’s operation of the seasonal mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar year. (9) Any modifications to an approved site plan shall require an amendment as required by these Regulations. (10) A seasonal mobile food unit shall be exempt from Section 10.012, Traffic Overlay District, of these regulations. (11) Notwithstanding any other provisions within these Regulations, applications under this Section 13.2214.11(H) assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the City Center FBC District. J.13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary hospitals A. Specific Standards: (1) All outdoor exercise areas shall be fully enclosed and screened on all sides. (2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am. (3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a residential district or existing residential use, the required side or rear setback for the outdoor exercise facilities shall be sixty-five (65) feet from the residential or residentially-zoned property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted within the fifteen (15) foot wide buffer area. (4) Runoff from any exercise facility shall not drain to any stream or public right-of-way without treatment. K.13.24 Self Storage in the Mixed Commercial-Industrial (CI) District within Transit Overlay District (1)A. General Requirements. In the Commercial-Industrial District, where such district is also within the Transit Overlay District, the Development Review Board may grant site plan approval for a self-storage facility, according to the following regulations. (2) B. Specific Standards: (a) The facility shall be clearly secondary to a permitted principal use in this district (b) The facility shall not occupy more than 20% of the gross floor area of the principal use Page 303 14-19 South Burlington Land Development Regulations (c) The facility shall only be accessible through an interior entrance (d) Access to storage units shall only be available during business hours, with an employee on site. L.13.26 Auto & Motorcycle Sales, Limited (1)A. General Requirements: An auto & motorcycle service and repair business may be granted approval from the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at one time for sale to the public, in accordance with the following requirements: (2)B. Specific Requirements: (a) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed five (5) total; and, (b) No vehicles for sale may be parked in any other location on the property. M.13.27 Food Hubs (1)A. Specific standards (a) Processing activities at the food hub location shall be limited to non-mechanized packaging, provided it is subordinate to the distribution activities. (b) Storage is permissible for terms of less than 30 days. (c) Butchering or killing of livestock shall not be permitted within the designated food hub area. (d) A food hub may be host to- with no greater frequency than once per week- a farmer’s market without additional municipal review or permitting. (e) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites shall be counted towards the minimum landscaping budget as 150% of every dollar planted. (2)B. Permitting (a) Facilities under 5,000 GFA may be reviewed under Section 14.04(B)9, Administrative Review. (b) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14 of these Regulations. N.13.28 Limited Neighborhood Commercial Use The purpose of this use is to promote small, context-sensitive, limited and architecturally relevant commercial uses in walking distance to a residential neighborhood. While these uses may service a broader geography and limited pass-by traffic, these uses are intended to be easily accessible by walking from the majority of the Planned Unit Development in which the use is located. (1)A. Applicability. (1 a) As permitted in Appendix C. (2 b) The proposed use shall only be approved as part of a new or amended master plan of 50 dwelling units or more. (2)B. General Standards The proposed use shall be complimentary to and integrated within the Planned Unit Development. To ensure this, as part of master plan approval or amendment the DRB may impose additional conditions on the use with respect to: Page 304 14-20 South Burlington Land Development Regulations (1 a) Traffic and vehicular access; (2 b) Maximum parking; (3 c) Enhanced pedestrian circulation and access; (4 d) Additional landscaping to serve the use beyond minimum requirements. (3)C. Specific standards (1 a) Location (a i) The use shall be located so as to be easily accessible to the Planned Unit Development via sidewalks or multi-use paths. (b ii) New buildings associated with the use shall be located such that traffic is not increased through the majority of the Planned Unit Development in which it is located. It should not divide existing residential areas, unless the Board finds during initial master plan approval that a central location best serves the Planned Unit Development. (c iii) Hours of use shall be limited to 6 am to 10 pm. (2 b) Size and Scale. The use is restricted: (a i) In all R1, R2, R4, QCP, SEQ and Lakeshore Districts, to one building, with a footprint no larger than 6,000 SF; (b) To two stories or a total building height of 28 feet; and to . (c) 5,000 SF GFA per use. (ii) In all other zoning Districts, to one building and to not more than 6,000 s.f. for all uses. (d iii) Uses ancillary to the proposed use which are fully below grade will not count towards the maximum use size. Ancillary uses may include administrative office space, storage space and mechanical space, provided they serve the principal use. (3 c) Specific use of space. The following may be permitted as part of the Limited Neighborhood Commercial Use: (a i) Restaurant (b ii) Retail sale of groceries- predominantly food with some related household goods (c iii) Personal instruction (d iv) Child care (e v) Artist production studio (4 d) Drive throughs are expressly prohibited. (5 e) Items listed in Subsection (C)(3)(a)-(e) (3)(c)(i)-(v) may not be permitted as part of the Limited Neighborhood Commercial Use where such uses already exist within one-half mile of the proposed Limited Neighborhood Commercial Use. Page 305 15.A-1 South Burlington Land Development Regulations 15.A SUBDIVISION REVIEW 15.A.01 Purpose and Authority 15.A.02 Applicability 15.A.03 Minor Lot Line Adjustments and Mergers 15.A.04 Classification 15.A.05 Sketch Plan Review (All Subdivisions) 15.A.06 Preliminary Subdivision Review (Major Subdivisions) 15.A.07 Final Subdivision Review (All Subdivisions) 15.A.08 Plat Recording Requirements (All Subdivisions) 15.A.09 Subdivision Amendments 15.A.10 Subdivision Standards 15.A.11 General Standards 15.A.12 Resource Protection Standards 15.A.13 Subdivision Design Process 15.A.14 Street Network 15.A.15 Sidewalks, Bike Lanes, and Recreation Paths 15.A.16 Blocks and Lots 15.A.17 Mix of Housing Types 15.A.18 Infrastructure, Utilities and Services 15.A.19 Required Improvements 15.A.20 Performance Bonds, Escrow Accounts, Letters of Credit 15.A.01 Purpose and Authority A. Purpose. These Regulations, enacted under 24 V.S.A. § 4418 and § 4463, apply to the subdivision of land, and are intended to implement the following objectives in conformance with the City’s adopted Comprehensive Plan, Official Map, and Capital Improvement Program: • Ensure orderly, coordinated growth and development within the City of South Burlington; • Promote the comfort, convenience, safety, health and welfare of city residents; • Ensure that the rate of development does not exceed the city’s capacity to provide municipal infrastructure, facilities and services in an efficient and cost-effective manner; • Ensure that a proposed subdivision conforms to the planned pattern, density, and form of development for the zoning district or type of Planned Unit Development in which it is located; • Avoid undue adverse impacts to natural, cultural, scenic, and other open space resources identified for protection under Article 12; • Establish and maintain an integrated, multi-modal transportation network that connects existing and planned development, supports adjacent land uses, minimizes vehicle miles traveled, and maximizes safety and efficiency for all users including pedestrians, cyclists, motorists, and transit riders; • Foster and reinforce compact, walkable residential and mixed use neighborhoods. • Facilitate integrated, community-based renewable energy production in locations that do not interfere with the City’s development, open space, and resource conservation objectives. Page 306 15.A-2 South Burlington Land Development Regulations B. Authority. The Development Review Board (DRB) has the authority under these Regulations and 24 V.S.A. § 4418 and § 4463 to: (1) Review and approve, approve with modifications or conditions, or disapprove an application for the subdivision of land under the standards of these Regulations. (2) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. §§ 4463 and 4464, and Section 17.08 of these Regulations as required prior to the recording of a subdivision plat. (3) Modify or waive an improvement or dimensional standard required under this article, subject to conditions, if it finds that, due to physical site limitations, including Hazard or Level I Resources, or other legal or development constraints specific to the land to be subdivided, including the lack of existing or planned connecting facilities or services adjacent to or in proximity to the subdivision: (a) The improvement or requirement is not necessary to ensure public health, safety, and welfare; (b) The modification or waiver is the minimum necessary to afford relief and represents the least deviation from the standards and requirements of these Regulations; and (c) The modification or waiver, if granted, will not have the effect of nullifying the intent and purpose of these Regulations, the comprehensive plan, or other municipal bylaws and ordinances in effect. (4) Impose reasonable conditions that, in its judgment, are necessary and appropriate to mitigate the adverse impacts of any modification to or waiver of a required improvement or dimensional standard, and to ensure compliance with the above standards for the grant of a modification or waiver. 15.A.02 Applicability A. Required Approval. Final subdivision plan and plat approval from the DRB under 15.A.07 is required prior to: (1) The sale, lease, or conveyance of any portion of an existing lot, tract or parcel of land; (2) Site preparation, grading, clearing, construction or the installation of site improvements associated with the subdivision of land or the development of a parcel to be subdivided, excluding forestry, agricultural and land surveying activities; (3) Recording a subdivision plat or deed for a subdivided parcel in city land records; or (4) Issuing a zoning permit for the development of a subdivided parcel. Note! A Planned Unit Development (PUD) under Article 15.C should be considered for more innovative types of planned development that incorporate modifications in layout, density and design intended to meet specific community objectives. Page 307 15.A-3 South Burlington Land Development Regulations B. Exceptions. The following may be recorded in city land records without first obtaining subdivision approval from the DRB: (1) A right-of-way or easement such as a trail, conservation, stormwater, or utility easement that does not define or result in the subdivision of land. (2) A minor lot line (boundary) adjustment or small lot merger that has been issued a permit by the Administrative Officer under 15.A.03. (3) The transfer of a portion of a parcel to an adjoining public parcel or right-of-way, for a public purpose that conforms to the City’s Comprehensive Plan, Official Map or Capital Improvement Program. (4) Technical corrections to a previously recorded survey plat or deed which document or correct existing metes, bounds, elevations, or other known errors or deficiencies, and do not alter a subdivision plat as previously approved by the City. (5) A land lease of less than 400 square feet for the siting of utility infrastructure (electrical, telecommunications, internet, etc.) on a portion of a parcel, in conformance with these Regulations, if a survey plat showing the lease area is recorded in the land records. (6) The division, lease or use of a portion of a parcel larger than twenty-five (25) acres solely for agricultural or forestry purposes, which does not require a new highway access or the installation of a permanent road or municipal infrastructure, provided that an instrument which waives development rights, until or unless subdivision review occurs, is approved by the City Attorney and City Council and is recorded in city land records. (7) The notice of a Certificate of Public Good (CPG) issued by the Vermont Public Utility Commission for an in-state energy generation facility with a capacity greater than 15 kilowatts, as required under 30 V.S.A. § 248, which identifies the land on which the facility is to be located by reference to the deed of record for the property as conveyed to the current landowner. 15.A.03 Minor Lot Line Adjustments and Mergers A. Lot Line (Boundary) Adjustment. The Administrative Officer has the authority, without prior DRB approval, to issue a permit for the adjustment, relocation, or realignment of a lot line between existing lots provided that: (1) The sale or exchange of land is between adjacent property owners, and the application is authorized and signed by the owner of each affected lot; (2) The acreage of land to be transferred between each affected lot is less than the minimum lot area for the zoning district(s) in which the lots are located; (3) No new, irregularly shaped, or undevelopable building lots, including flag lots without required frontage, are created through the adjustment; (4) The relocated lot line does not result in the creation of a nonconforming lot, structure, or use; increase the existing degree of nonconformance; or affect the ability to develop a lot in conformance with these Regulations; and Page 308 15.A-4 South Burlington Land Development Regulations (5) The proposed adjustment does not violate the terms or conditions of any prior municipal permit or approval. B. Small Lot Merger. The Administrative Officer also has the authority, without prior DRB approval, to issue a permit for the elimination of a lot line between two contiguous, pre-existing nonconforming small lots that come under common ownership, consistent with 24 V.S.A. § 4412(2), provided that: (1) Either or both lots are undeveloped, or are proposed for redevelopment as a single lot at the time of the merger request; (2) The merged lot will be served by single water supply and wastewater connections or systems; and (3) Existing highway accesses are consolidated so that the merged lot is served by a single highway access. C. Survey Plat. The application for a minor lot line adjustment or merger must be accompanied by a survey plat prepared by a licensed land surveyor that depicts and references each lot to be modified by the adjustment or merger. The survey plat must clearly indicate the area, metes, bounds, and ties for each lot and, as applicable, the merged lot. The survey plat must also clearly depict all existing structures, site improvements, delineated setbacks, parking spaces, lot coverage and other details specified by the Administrative Officer as necessary to determine conformance with this section. D. DRB Referral. Where there is uncertainty as to whether an application constitutes a minor lot line adjustment or merger, the Administrative Officer may refer the application to the DRB for review as a Minor Subdivision. 15.A.04 Classification A. Subdivision Classes. For purposes of these Regulations, subdivisions of land shall be classified as by the Administrative Officer as follows: (1) A Minor Subdivision, to be reviewed under Section 15.A.07, which is limited to: (a) The subdivision of an existing lot, tract or parcel of land into two lots, including the parent or retained lot, if the lot to be created is less than two times the minimum lot area for the district in which it is located, and either has required street frontage, or shares highway access with the retained lot; or (b) A lot line adjustment or lot merger which does not meet the requirements for administrative approval under Section 15.A.03. (2) A Major Subdivision, to be reviewed under Sections 15.A.06 and 15.A.07, which includes a subdivision of land that involves any of the following: (a) The subdivision of an existing lot, tract or parcel of land into two lots, which does not qualify as a minor subdivision under (A)(1); (b) The creation of three or more lots through the subdivision or re-subdivision of an existing lot, tract, or parcel; (c) The installation or extension of one or more streets; Page 309 15.A-5 South Burlington Land Development Regulations (d) The extension of any off-tract municipal or governmental infrastructure, facilities, or other improvements; or (e) A Planned Unit Development (PUD) under Article 15.C, to be reviewed by the DRB concurrently with subdivision review. (3) A Transect Zone Subdivision, to be reviewed under Section 15.A.07 and Article 8, for any subdivision of land within a designated Transect Zone. 15.A.05 Pre-Application Sketch Plan Review A. Purpose. The purpose of a pre-application sketch plan review, required for any proposed subdivision of land, is to acquaint the DRB with the subdivision proposal at a conceptual stage in the design process, prior to the submission of a formal application for master plan, preliminary or final subdivision review. Sketch plan review offers the applicant and DRB the opportunity to consider and discuss a conceptual subdivision plan under relevant regulations, prior to incurring the expense of preparing a complete application and surveyed subdivision plat. Sketch plan review while required, is advisory in nature, intended only to guide the application and review process. B. Submission Requirements. (1) As stated in Appendix E. Submission Requirements. (2) The applicant is encouraged to schedule one or more meetings with the Administrative Officer to discuss the sketch plan, the proposed subdivision, and relevant application requirements, review processes and standards under these Regulations, including whether the project may also require or allow for Master Plan review, or review as a Planned Unit Development (PUD). C. Review Process. (1) Classification. Upon receipt of a complete sketch plan, the Administrative Officer shall classify the proposed subdivision as a Minor Subdivision, Major Subdivision, or Transect Zone Subdivision, and refer the sketch plan to the DRB for consideration at a regularly scheduled DRB meeting. (2) Sketch Plan Meeting(s). Notice of and subdivider participation in DRB Sketch Plan meetings is required in accordance with Section 17.08(F) of these Regulations. D. DRB Review. Based on the information provided the DRB may provide guidance regarding: (1) Whether the subdivision as presented in concept will also require Master Plan review under Article 15.B, or review as a PUD under Article 15.C. (2) Whether the sketch plan as presented generally conforms to the Official Map, and relevant standards under these Regulations. (3) Considerations for the applicant in preparing their application, including suggested modifications or changes to subdivision design and layout; and any additional information, studies, or supporting documentation to be included with the application. (a) The DRB may also request that the applicant for a minor subdivision provide additional information and materials normally required for major subdivision review, as applicable to the proposed subdivision. Page 310 15.A-6 South Burlington Land Development Regulations E. Effect. Sketch plan review authorizes the subdivider to proceed with an application for subdivision review; it in no way implies subdivision approval by the DRB. (1) Within six (6) months of the date of the final sketch plan review meeting by the DRB, the applicant must apply to the DRB for preliminary subdivision review as required for a Major Subdivision under Section 15.A.06, final subdivision review as required for a Minor Subdivision or Transect Zone Subdivision under Section 15.A.07; or Master Plan Review under Article 15.B as applicable to a particular subdivision proposal. (2) If an application for master plan, preliminary or final subdivision approval is not submitted within six (6) months of the final sketch plan review meeting by the DRB; or the application as submitted differs substantially from the sketch plan as reviewed by the DRB, Administrative Officer may require submission of a new sketch plan for review under this section. 15.A.06 Preliminary Subdivision Review (Major Subdivisions) A. Purpose. Preliminary subdivision review by the DRB, required for all Major Subdivisions, except for a Transect Zone Subdivision, but including a Planned Unit Development (PUD) under Article 15.C, is intended to evaluate a proposed subdivision under the standards of these Regulations, to determine conformance with an approved master plan, to preliminarily allocate available infrastructure capacity, to identify specific issues or concerns that must be addressed or mitigated prior to final subdivision review and, upon preliminary approval, to allow the applicant to seek other necessary permits or approvals that may result in project modifications, prior to preparing a final survey plat, engineering plans, and required legal documents. B. Combined Review. (1) Preliminary subdivision review by the DRB may be combined with Master Plan review under Article 15.B for one or more phases of subdivision and development, if the application, hearing requirements and standards for each type of review are considered and met. (2) At the request of an applicant, the DRB may agree to combine preliminary and final subdivision review for one or more phases of subdivision and development where either a Master Plan under Article 15.B has been previously approved and is in effect, or where no Master Plan Review under Article 15.B is required. C. Application Requirements. The applicant must file an application for preliminary subdivision review with the Administrative Officer within six (6) months of the date of the final sketch plan review meeting; or, as applicable, within six (6) months of the date of master plan approval under Article 15.B, unless the time for filing is extended or waived by the DRB in association with master plan approval. (1) The application must be submitted on forms provided by the City, to include information and materials listed in Appendix E, Submission Requirements, additional information requested by the DRB under Sketch Plan Review, and any requested modifications or waivers under 15.A.01(C), including the stated justification for this request and any supporting documentation. Page 311 15.A-7 South Burlington Land Development Regulations (2) The preliminary subdivision application must reasonably conform to the Sketch Plan as reviewed by the DRB, or the Administrative Officer or DRB may require the submission of a new Sketch Plan for review by the DRB under Section 15.A.05. (3) The preliminary subdivision application must also conform, as applicable, to a Master Plan previously approved by the DRB under Article 15.B. Any requested amendments to an approved Master Plan must be submitted in advance of or concurrently with the application for preliminary subdivision review under this Article. D. Application Referrals. The Administrative Officer must refer a complete application to the DRB and applicable entities in accordance with Section 17.09(C) of these Regulations. E. Public Hearing. The DRB must schedule and hold a warned public hearing on the application, as required under 24 V.S.A. §§ 4463 and 4464 and Section 17.08(F) of these Regulations. F. Decision. Within forty-five (45) days after the close of the public hearing, the DRB must issue written findings of fact and its decision to approve, approve with modifications, or disapprove the preliminary subdivision plat, supporting plans, and documents. Failure to act within this 45-day period shall constitute approval under 24 V.S.A. § 4464(b), as deemed by the court and certified by the City Clerk. The decision, including findings of fact and provisions for appeal, must be sent by certified mail to the applicant. Copies of the decision must also be mailed to all parties who participated in the public hearing process. When granting approval, the DRB shall state the conditions of approval, if any, with respect to: (1) Specific changes required to the preliminary plat, plans or supporting documents for consideration under final subdivision review. (2) The type and extent of any required improvements or dimensional requirements which may be waived under Section 15.A.01(B); (3) Initial allocations of available water, wastewater, stormwater, and transportation infrastructure capacity, and required system connections or improvements needed to serve the proposed subdivision; (4) Requested or required measures intended to avoid or mitigate the adverse impacts of land subdivision and development on environmental resources identified for protection under Article 12; and on existing and planned public facilities, infrastructure and services; (5) The timing and sequence of subsequent applications for phased or combined subdivision and development review; (6) Additional information the DRB finds necessary to determine compliance with the Regulations as part of final subdivision review; and, (7) Other municipal, state, or federal permits and approvals, performance bonds or other sureties, and development agreements to be obtained in advance of applying for final subdivision review and approval. G. Effect. Preliminary subdivision approval does not constitute final approval of a subdivision plan or plat. It is intended only to guide the preparation of the final survey plat and supporting plans and Page 312 15.A-8 South Burlington Land Development Regulations documents. A preliminary subdivision approval shall remain in effect for twelve (12) months from the date of approval unless, upon written request of the applicant, the expiration date is extended by the DRB for cause, for example due to an appeal of related permits, or other permitting or seasonal site analysis delays. If an application for final subdivision approval or an extension request is not submitted by the expiration date, the DRB may require resubmission of the preliminary plat, supporting plans and documents for preliminary subdivision review under the regulations in effect at the time of resubmission. 15.A.07 Final Subdivision Review (All Subdivisions) A. Purpose. Final subdivision review by the DRB is required for all minor subdivisions, and all major subdivisions, including a Planned Unit Development (PUD) under Article 15.C, and Transect Zone Subdivision under Article 8. It is intended to determine whether the final survey plat, supporting plans and documents, and proposed improvements comply with these Regulations and, as applicable, with an approved Master Plan, and the conditions of preliminary subdivision approval, prior to recording a survey plat, deeds, easements, and other legal documents in the City’s land records. B. Combined Review. At the request of the applicant, the DRB may combine final subdivision review with Site Plan or Conditional Use Review under Article 14, if the submission and hearing notice requirements for each type of review are met. C. Application Requirements. Unless otherwise extended by the DRB, within six (6) months of sketch plan approval for a Minor or Transect Zone Subdivision, or twelve (12) months of preliminary subdivision approval for a Major Subdivision, including a PUD, the applicant must file an application for final subdivision review with the Administrative Officer. (1) The application for final subdivision review may be submitted in one or more phases, as specified by the DRB under preliminary subdivision or master plan approval, to include only that phase of a subdivision for which final subdivision approval is requested. (2) The application must be submitted on forms provided by the City, to include the information and materials listed in Appendix E, Submission Requirements, any other information requested by the DRB under sketch plan or preliminary subdivision review. (3) The application must also include requested modifications or waivers of required improvements under 15.A.01(C), of the preliminary subdivision plat as approved by the DRB, or the conditions of preliminary subdivision approval, and the stated justification for this request. (4) The application must also be accompanied by a Certificate of Title showing the ownership of all properties and easements to be dedicated or acquired by the City, and supporting legal documents of conveyance, to be reviewed and approved by the City Attorney. D. Application Referrals. The Administrative Officer must refer a complete application to the DRB and applicable entities in accordance with Section 17.09(C) of these Regulations. E. Public Hearing. The DRB must schedule and hold a warned public hearing on the application, as required under 24 V.S.A. §§ 4463 and 4464 and Section 17.08(F) of these Regulations. F. Decision. Within forty-five (45) days after the close of the public hearing, the DRB must issue its written findings of fact and decision to approve, approve with modifications, or disapprove the final Page 313 15.A-9 South Burlington Land Development Regulations subdivision plat, supporting plans and documents. Failure to act within this 45-day period shall constitute approval under 24 V.S.A. § 4464(b), as deemed by the court and certified by the City Clerk. The final decision, including findings, must be sent by certified mail to the applicant. Copies of the decision must also be mailed to all parties who participated in the public hearing process. (1) Any conditions of final subdivision approval for performance bonding or other sureties, phasing, construction or inspection schedules, or the timing of required improvements under Section 15.15, must be specified in the written DRB decision, or in a separate Development Agreement approved by the City Council, as referenced in or attached to the DRB decision. (2) The DRB decision may also, as a condition of final subdivision approval, stipulate changes to the content of the plat, supporting plans or documents that must be completed to the satisfaction of the Administrative Officer before the plat is approved and endorsed by the DRB for recording under 15.A.08. G. Effect. Final subdivision approval by the DRB remains in effect for 180 days from the date of approval, unless extended by the Administrative Officer under 15.A.08. Final subdivision approval shall expire unless, within this period, the subdivision plat as approved and endorsed by the DRB is filed and recorded in the land records of the City under Section 15.A.08. (1) Final subdivision approval by the DRB shall not constitute or be evidence of acceptance by the City of any streets, easements, water and sewer facilities, open space or other public facilities and improvements shown on the subdivision plat or associated plans. 15.A.08 Plat Recording Requirements A. Recording Requirements. The final subdivision plat, as approved and endorsed by the DRB or as otherwise deemed approved and certified by the City Clerk under 24 V.S.A. § 4463, must be recorded in the land records of the City within 180 days of the date of DRB approval. The Administrative Officer may extend the date for filing by an additional 90 days if other final municipal or state approvals are pending, and the extension request is filed within this 180-day period. If the plat is not recorded within this period, final subdivision approval shall be deemed null and void, and the plat, supporting plans and documents must be resubmitted for final subdivision approval under Section 15.A.07 under the regulations in effect at the time of resubmission. (1) The survey plat to be recorded in City land records must comply with the requirements of 27 V.S.A. Chapter 17 (Filing of Land Plats), the DRB decision, including any stipulations or required conditions of approval, and adopted city policies and fee schedules. (2) The locations of all permanent surveying monuments, lot corner markers, and building envelope markers must be identified on the final subdivision plat as recorded in the land records. (3) In addition to the original mylar and required copies of the final plat, the applicant must also provide the Administrative Officer with a digital copy of the plat in a format that meets adopted state (Vermont Geographic Information System) and city data standards. (4) Once properly recorded, the survey plat shall become part of the South Burlington Official Map and shall not expire, except as subsequently amended in conformance with these Regulations. Page 314 15.A-10 South Burlington Land Development Regulations B. DRB Endorsement or Clerk Certification (1) No subdivision plat which requires DRB approval shall be filed or recorded in the Office of the City Clerk until it has been approved by the DRB, as endorsed in writing on the plat. DRB endorsement shall not take place until all required plats, plans, construction drawings and supporting documents have been submitted to and reviewed by the Administrative Officer for compliance with the conditions of final subdivision approval. (2) The DRB endorsement shall state that “This plat has been approved by Resolution of the Development Review of the City of South Burlington, Vermont.” It must also specify the date of DRB approval, subject to any conditions or requirements specified in the resolution and be signed by the Chair or Clerk of the Development Review Board. (3) For any subdivision plat that was deemed approved for failure of the DRB to issue a decision under 15.A.07(F), the accompanying City Clerk’s Certificate must be attached to the plat as filed and recorded. (4) Any plat that is recorded or subsequently revised without DRB approval and endorsement or Clerk Certification shall be considered null and void, and the Administrative Officer shall institute proceedings to have the plat stricken from city land records. 15.A.09 Subdivision Amendments A. Required Review. As subdivision plan and plat that has received final subdivision approval from the DRB may not be altered, modified, revised, or amended without DRB approval. (1) Requested modifications or revisions to a previously approved subdivision plat, plans or conditions of approval must be submitted to the Administrative Officer as an application for a proposed subdivision amendment for DRB review under this section. (2) The scope of review under this section will be limited to those aspects of the approved subdivision plan and plat affected by the proposed amendment. B. Minor Subdivision Amendments. A minor amendment, as initially determined by the Administrative Officer, includes an amendment to a minor subdivision that does not result in the creation of a major subdivision; or a subdivision amendment which does not result in a substantial change, alteration, revision or modification of the subdivision plat, plans or conditions of final subdivision approval. A minor subdivision amendment shall be administratively reviewed by the Administrative Officer, and considered by the DRB for approval as follows: (1) The Administrative Officer shall review the proposed minor amendment for compliance with these Regulations and the conditions of final subdivision approval, prepare a draft decision for DRB review, and have the proposed amendment and draft decision placed on the consent agenda for a DRB meeting. Notice of the meeting shall be provided in accordance with Final Plat Procedures of Section 17.08(F). (2) The DRB, may act to approve, approve with conditions, modify or disapprove the draft decision on a proposed minor amendment; or, based on the information provided, direct the applicant to apply for final subdivision review, as required for a major subdivision amendment. Page 315 15.A-11 South Burlington Land Development Regulations C. Major Amendment. Any proposed subdivision amendment that involves a substantial change, alteration or revision to an approved subdivision plat, plan or condition of subdivision approval, as initially determined by the Administrative Officer, shall require final subdivision review by the DRB under Section 15.A.07. Notice of the proposed amendment and scheduled public hearing shall be provided in accordance with Final Plat Procedures of Section 17.08(F). D. Amendment Recording Requirements (1) If an amendment is approved by the DRB prior to the recording of the subdivision plat under Section 15.A.08 as previously approved, the amendment must be incorporated on the final subdivision plat as filed for recording. (2) If an amendment is approved by the DRB after the original plat has been recorded, an amended subdivision plat must be prepared and recorded under Section 15.A.08 which carries a notation that this plat as amended supersedes the original plat as previously recorded, referencing the date and recording information for the original plat. 15.A.10 Subdivision Standards A. Applicability. Any subdivision of land subject to these Regulations must meet applicable subdivision standards under this Article unless modified or waived by the DRB under Section 15.A.01(B). (1) The DRB, in determining compliance with these standards, may require: (a) Disclosure of the intended use and development of all land to be subdivided, including subsequent development plans for any retained portion of the existing tract or parcel to be subdivided. (b) An independent technical review of the proposed subdivision under one or more standards, prepared by a qualified professional, in accordance with Section 17.08. (c) Modification of subdivision layout and design, the phasing of subdivision and development, or other measures necessary to avoid or mitigate the adverse impacts of a proposed subdivision on adjacent properties and uses; the transportation network; public facilities, infrastructure, and services; and environmental resources identified for protection under Article 12. B. Interpretation. Where a subdivision standard under this Article is superseded by or conflicts with another relevant standard under these Regulations, including Environmental Protection Standards and standards specific to a Planned Unit Development or Transect Zone Subdivision, the more specific, stringent, or restrictive standard shall apply. 15.A.11 General Standards A. Development Suitability. The applicant must demonstrate that the land to be subdivided is physically suited for its intended use and the proposed density or intensity of development, and that the proposed subdivision will not result in undue adverse impacts to public health and safety, environmental Page 316 15.A-12 South Burlington Land Development Regulations resources as identified and regulated under Article 12, neighboring properties and uses, or public facilities and infrastructure located on or within the vicinity of the land to be subdivided. (1) Physical Site Constraints. Land that is physically unsuited for development, including land that is characterized by periodic flooding, poor drainage, shallow soils, landslides, environmental site contamination or other known physical hazards or constraints, must not be subdivided for development unless the applicant can demonstrate that such limitations can be overcome, remediated, or mitigated as necessary to allow for subsequent development. (2) Buildable Area. For purposes of these Regulations, including the platting of building lots and the calculation of the density or intensity of development allowed within a subdivision, “Buildable Area” is defined as the total area of the tract or parcel to be subdivided, less the area occupied by the following physical and legal site limitations or constraints: • “Hazards” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as field verified and delineated on preliminary and final subdivision plans and plats, • “Level I Resources” as defined and regulated under Article 12, as indicated on sketch and Master Plans, and as depicted on preliminary and final subdivision plans and plats, • Existing and planned street and railroad rights-of way, • Transmission line corridors or easements, except upon request of the applicant that it be designated as Buildable Area. (a) The land area within a Habitat Block that is excluded from the Habitat Block through an exchange of land, an exclusion intended to provide relief from associated standards, as approved by the DRB under Section 12.04 (Habitat Block Overlay District), or relocation of a Habitat Connector as approved by the DRB under Section 12.05 (Habitat Connector Overlay District) may be included in the “Buildable Area” as defined above for purposes of subdivision and development, and the calculation of development density. (3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit Development under Article 15.C; and as provided for the transfer of development rights under Article 9, or affordable housing offsets, bonuses, or incentives under Article 18. (a) Any proposed alteration of the existing grade to create developable building lots, including land excavation or fill, must meet the standards of Section 14.11 (Alteration of Existing Note! Where applicable, application for a Conservation Planned Unit Development under Article 15.C is recommended for a proposed subdivision in which fifty percent (50%) or more of the total tract area is within a Hazard or Level I resource area, as necessary to allow for a more flexible subdivision layout and design, including the transfer of development density within the project area, and the clustering of development on building lots that exclude these areas. Page 317 15.A-13 South Burlington Land Development Regulations Grade), Article 16 (Construction and Erosion Control) and other applicable resource protection, flood hazard area and stormwater management standards under these Regulations. C. Development Context. The applicant must demonstrate that the subdivision conforms to the planned pattern of subdivision and development in the area, as defined by district purpose statements and standards, or as specified for a type of Planned Unit Development (PUD) under Article 15.C. In addition to meeting required zoning district, transect zone, or PUD standards: (1) Overlay Districts. The subdivision must also meet applicable overlay district standards under Article 12. (a) In all subdivisions and PUDs in which the provisions of the Traffic Overlay District in Section 10.01 of these Regulations apply and in which the Traffic Overlay District provisions conflict with those of this section, the more restrictive provisions shall apply. (2) Multiple Districts. For the subdivision of land located in more than one zoning district, the district regulations specific to that portion of the subdivision within each zoning district shall apply, except as specified for a Planned Unit Development under Article 15.C. (a) Subdivision boundaries and lot lines must be located and configured to avoid creating building lots that are split by zoning district boundaries except where the DRB finds such split building lots unavoidable due to pre-existing lot and infrastructure layout. (b) The DRB may approve a request to extend zoning district standards up to fifty (50) feet in either direction beyond the district boundary line as necessary to avoid a subdivision or building lot split by a zoning district boundary. (3) Compliance with Other Regulations. Subdivisions, including building lots, dwelling units, and supporting facilities and infrastructure, must also be designed, configured, and constructed to comply with other relevant standards under these Regulations and other city ordinances and standards in effect at the time of application, including those listed below. • Official Map, adopted under 24 V.S.A. § 4421 • Capital Improvement Program, adopted under 24 V.S.A. § 4430 • Department of Public Works Standards • Fire Prevention and Safety Ordinance • Water and Cross Connection Ordinances • Sanitary Sewer and Stormwater Ordinance • Impact Fee Ordinance • E-911 Ordinance (4) Conformance with an Approved Master Plan. The applicant must demonstrate that the subdivision conforms, as applicable, to a Master Plan approved by the DRB under Article 15.B, including the approved development plan, management plan, buildout budgets, and phasing schedule. Page 318 15.A-14 South Burlington Land Development Regulations D. Development Connectivity. The applicant must demonstrate that the subdivision, to the extent physically feasible, is configured and laid out to maximize connections with adjoining parcels and neighborhoods, and to avoid creating isolated and disconnected enclaves of development, except where necessary to separate incompatible land uses, or to avoid undue adverse impacts to resources identified for protection under Article 12. Accordingly, the applicant must demonstrate that the subdivision is laid out to connect with and extend existing and planned streets, sidewalks, recreation paths, transit routes, and utility and greenway corridors located adjacent to or within ½-mile of the subdivision, or as indicated on the City’s Official Map. Off-site improvements necessary to serve the proposed subdivision must be provided in accordance with 15.A.18. 15.A.12 Resource Protection Standards A. Resource Protection. The applicant must demonstrate that the proposed subdivision has been configured and laid out to: (1) Incorporate significant natural, historical, and scenic features located on the parcel or tract to be subdivided; (2) Avoid and exclude Hazard and Level I Resources identified for protection under Article 12 from parcelization, physical fragmentation, and development; and to, (3) Minimize and mitigate the adverse impacts of land subdivision and development on Level II Resources identified for protection under Article 12. B. Applicability. Resource protection standards under this section apply to all subdivisions of land, unless modified by the DRB in accordance with resource-specific allowances under Article 12 and the following: (1) The DRB may modify or waive a resource protection standard under this section within a Transect Zone Subdivision or a Planned Unit Development only as necessary to achieve or maintain the planned type and pattern of development and to allow for the logical extension of supporting facilities, infrastructure, and services. (2) Notwithstanding a subdivision waiver or modification, proposed subdivisions shall comply with all other applicable resource protection standards under these Regulations, including any requirements for on- or off-site impact mitigation. C. Resource Identification. Site features or resources to be incorporated in subdivision layout and design, as shown to scale on sketch and master plans, must be field verified and delineated on the ground by the applicant as specified in Article 12 of these Regulations for each resource, and as indicated on preliminary and final subdivision plans and plats. (1) Existing Site Features. Existing site features of significance to the City, to be considered in subdivision layout and design include: (a) Archaeological and historical sites and structures that are eligible for listing on the State Register of Historic Places, and historical landscape features such as stone walls and fences. Page 319 15.A-15 South Burlington Land Development Regulations (b) Prominent shade trees, street trees, or documented specimen or witness trees. (c) Exceptional or unique geological features such as exposed ledges, cliffs, waterfalls and cascades. (b) Listed site features must be considered for retention and incorporation in subdivision layout and design. (c) At minimum the DRB may require, as a condition of subdivision approval, that a listed historical site, structure or landscape feature present on the parcel to be subdivided must be inventoried, assessed and documented, before any site development, or any structural relocation, removal or demolition may occur. (2) Resource Protection Areas. Resource protection areas to be incorporated in subdivision layout and design include Hazards, and Level I and Level II Resources identified for protection and regulated under Article 12. (a) Subdivision boundaries and lot lines must be located and configured to avoid or, where deemed necessary by the DRB, to minimize the subdivision, parcelization, and physical fragmentation of resources located on contiguous parcels, and on the tract or parcel to be subdivided. (b) Contiguous Hazard and Level I Resource protection areas that exceed the minimum lot size must be set aside and identified on the subdivision plat, and in associated legal documents, as “Conservation Lots” to be maintained and managed in single or common ownership, or under a conservation easement held by the City or qualified third party, such as an established land trust. As a condition of subdivision approval, future subdivision of conservation lots shall be prohibited except where all land is being conveyed for conservation purposes, as also noted on the subdivision plat. (c) Hazard and Level I resource protection areas must be excluded from the calculation of Buildable Area. Building lots and building envelopes are prohibited within these areas, except as necessary to accommodate resource-dependent facilities (e.g., water and wastewater treatment facilities, public or community recreation facility), as specified under Article 12, or as allowed under this subsection. (d) A building lot may extend or encroach within a delineated resource protection area only to the extent necessary to meet minimum lot size or frontage requirements for the zoning district in which the lot is located. (e) A building lot may incorporate a Hazard, Level I, or Level II resource area that is less than the required minimum lot size; however, in this case the DRB may require the delineation of a building envelope that excludes the delineated resource area, as shown on the subdivision plat and pinned on the ground, as necessary to limit the siting of buildings, other structures, and parking areas to the developable portion of the lot. (f) Encroachments within resource protection areas, including transportation and utility corridors, are limited to those allowed, subject to DRB review and approval, under Article 12, (g) A resource protection area may be improved to serve as green infrastructure (e.g., for stormwater management or flood control), or as a public amenity serving the subdivision, Page 320 15.A-16 South Burlington Land Development Regulations consistent with applicable standards under Article 12, to the extent that this does not interfere with its critical natural functions or intended use. 15.A.13 Subdivision Design Process A. Design Process. The design process to be followed by the applicant under this Subsection, in preparing subdivision plans and draft plats included with the application, includes the following steps in order of preference: (1) Delineate and set aside resource areas identified for protection, and other existing site features for consideration under 15.A.12 above. (2) Layout and configure the proposed street network to: (a) connect with and extend existing streets; (b) define one or more contiguous blocks that meet applicable block standards under 15.A.16 or as otherwise specified for the Zoning District, Transect Zone, or type of Planned Unit Development in which the subdivision is located); and to (c) incorporate allowed Street Types and design standards under 15.A.14, including existing and planned streets, sidewalks, recreation paths, and transit stops. (3) Delineate building lots that front on and are oriented to the abutting street or civic space, and that meet applicable lot size and dimensional requirements by Zoning District, Transect Zone or type of Planned Unit Development or Building Type under Article 11.C, as applicable. (4) Designate within each block, or as otherwise provided within the subdivision, required civic spaces, parking lots or facilities, and infrastructure and utility corridors or easements that meet the requirements of these Regulations, which are to be retained in common or single ownership or dedicated to the City. (5) Incorporate within block configurations, as applicable, one or more alleys or service lanes, and midblock pedestrian passages as necessary to provide rear, side or shared vehicular and pedestrian access to fronting building lots, civic spaces and designated parking areas or facilities. 15.A.14 Street Network A. Purpose and Intent. It is the intent of the City to establish and maintain an integrated, interconnected transportation system that efficiently and safely serves all users, including pedestrians, bicyclists, motorists, transit riders and people with disabilities. Accordingly, the applicant must demonstrate that the proposed street network serving the subdivision is consistent with City objectives to: • Maximize network accessibility and connectivity for all transportation modes and users; • Minimize vehicle miles traveled; • Provide adequate emergency vehicle access, and minimize emergency response times; • Limit direct access onto arterial and collector streets, as necessary to preserve and enhance functional capacity; Page 321 15.A-17 South Burlington Land Development Regulations • Create interconnected, walkable pedestrian- and bicycle-friendly residential neighborhoods and mixed use development; • Provide for multiple, direct routes and connections between residential neighborhoods, schools, parks, employment, shopping and other activity centers or destinations; • Incorporate or provide direct pedestrian connections to existing and planned public transit routes for any subdivision and development located within the Transit Overlay District; and to • Accommodate on-street parking where appropriate or required. B. Street Layout. The arrangement of streets serving the subdivision must incorporate and extend the network of existing and planned arterial, collector and local streets in the vicinity, including existing and planned streets serving adjoining subdivisions, and as shown on the City’s Official Map. (1) Street Grid. The street layout must establish or extend an interconnected street grid that logically relates to existing site topography, defines walkable blocks, produces useable building lots, reasonable street grades, and safe intersections, incorporates adequate stormwater drainage, and avoids or, where deemed necessary by the DRB, minimizes encroachments within and mitigates adverse impacts to resources identified for protection under Article 12. (2) Street Orientation. The street layout should be oriented to maximize solar access and gain on abutting building lots and block faces while remaining consistent with the existing and planned pattern of development and local topography and completing connections as required by this Article. Longer streets and block faces should either be aligned east-west or north-south, within 20 degrees of true east or true north, in relation to anticipated building lot and building roof orientation. (3) Existing and Planned Public Streets. The street network must incorporate existing and planned public streets, recreation paths and sidewalks shown on the City’s Official Map; or as required by the DRB if the location, length or function of a proposed street within the City’s street network warrants public ownership. The right-of-way provided for a public street shown on the Official Map must be of a similar location and alignment as that shown on the map, subject to approval and acceptance by the City Council. Planned right-of-way widths listed for public streets under Table 3-1: Planned Street rights-of-way, must also be incorporated in the proposed street layout as applicable. (4) Street Connections. The street network must maximize connectivity and provide for the future extension of streets of equivalent functional class and other connecting rights-of-way or easements through adjoining properties upon future subdivision, development or redevelopment. Street rights-of-way must extend to adjoining property lines to allow for future street, sidewalk, recreation path and utility connections. Accordingly: (a) Right-of-way connections to properties adjoining the subdivision must be provided along property boundaries at regular intervals, spaced according to functional class, street type and, where applicable, required block lengths unless modified or waived by the DRB under 15.01(C). (b) In making its determination to waive or modify a street right-of-way requirement, the Board shall consider substitution of a recreation path, sidewalk, or trail right-of-way prior to determination that a full waiver of a right-of-way is warranted. (c) The DRB shall require that applicant construct a connecting street or recreation path to the property line; or to contribute a proportionate share of the cost to complete construction, in addition to any required impact fees. Where a street or recreation path is identified in the Impact Page 322 15.A-18 South Burlington Land Development Regulations Fee Ordinance, construction of planned improvements may receive credit pursuant to the Ordinance. (d) For phased development, the DRB may approve a street or other right-of-way shown on the subdivision plat and, as a condition of subdivision approval, require that the right-of-way be clearly marked on the ground with one or more signs that indicate its existence and future use; and that construction must occur before any further subdivision or development may be allowed. (e) The DRB may require temporary turnarounds at subdivision boundaries, designed to City specifications as approved by the City Engineer and Fire Chief. The applicant must then show on the subdivision plat the right-of-way area to be returned to adjacent property owners when street and sidewalk extensions to abutting properties are constructed. (5) Dead-End Streets. Permanently gated streets, dead-end streets, and cul-de-sacs are prohibited unless the DRB finds that physical right-of-way limitations, other legal constraints, incompatible land uses, or Hazards or Level I Resources identified for protection under Article 12 preclude required street connections. (a) Permanent dead-end streets are subject to review and approval by the Fire Chief and City Engineer under these Regulations and other public works specifications and fire codes in effect at the time of application. (b) A permanent dead-end street allowed under this provision must not exceed two hundred (200) feet in length measured to the center of the turnaround; and must include a turnaround designed to City specifications. Hammerhead turnaround designs are the City’s preferred dead- end configuration. C. Street Design. The street network must incorporate allowed Street Types under Article 11.A, or as specified by Zoning District, Transect Zone or type of Planned Unit Development, which are consistent with the functional class and the pattern and type of development or uses to be served by the street network. Streets must be designed by a Vermont licensed professional engineer and constructed to City specifications. Proposed street types and functional classifications must be identified on subdivision plans submitted with the application. (1) All streets, including both public and private streets, must be designed and constructed by the applicant or developer to City specifications, unless otherwise specifically authorized by the DRB under final subdivision approval. (2) In reviewing master plan and subdivision applications, including applications for Planned Unit Development under Article 15.C, the DRB has the authority to require the design and construction of proposed streets to City standards; the upgrade or improvement of an existing street as necessary to serve the proposed subdivision; and the provision of an irrevocable offer of dedication of one or more streets to the City. Any action to accept an offer of dedication shall be the sole authority of the City Council. (3) Public Streets. The DRB shall require a street to be offered for dedication to the City as a public street in accordance with the following: (a) The proposed street will or could provide a future extension to an adjoining unaffiliated property or to another existing, proposed, or planned public street. Page 323 15.A-19 South Burlington Land Development Regulations (b) The DRB determines, upon recommendation from the Director of Public Works and Planning & Zoning Director, that the significance of the proposed street within the City’s street network warrants public ownership. (c) Any street proposed or offered to be public must be built to public standards as enumerated in these Regulations or associated Public Works Standards and Specifications. (4) Private Streets. The DRB may approve, or require, a proposed street to be a private street, as clearly marked on the subdivision plat and in any applicable legal documents, in accordance with the following: (a) The proposed street will serve lots within a commercial subdivision, master plan, or Planned Unit Development (b) The proposed street is a dead end street that cannot connect to an adjacent unaffiliated property or street. (c) Homes built on a private roadway may be required to be sprinklered to the satisfaction of the South Burlington Fire Chief. All proposed sprinkler systems must be reviewed and agreed upon prior to plat approval. This requirement may be waived be the DRB upon recommendation by the City of South Burlington Fire Chief. (5) Street Types under Article 11.A specify standards that must be followed in designing, redesigning, modifying, or reconstructing a street, except for an existing or proposed public street for which there exists separate engineering plans developed by the City. Street, streetscape, or any other construction or improvements within these street rights-of-way must conform to City engineering plans, as modified by the Director of Public Works. (6) All streets must be designed and constructed with sidewalks, greenbelts, bike facilities, medians, travel lanes and on-street parking as specified for each street type, unless an acceptable alternative is approved by the DRB under Subsection (7) below. The street type standard applicable to a proposed street or section of roadway shall be determined by the Development Review Board, in consultation with the Public Works and Planning & Zoning Departments, based on supporting documentation and the following criteria: (a) Any street type listed for a specific section of roadway, as shown on the Official Map or the Official Zoning Map, shall be the applicable street type for purposes of these regulations. (b) The street type must be listed as an eligible or allowed street type as specified by Zoning District, Transect Zone Building Envelope Standard, or PUD type. (c) The proposed street must conform to the stated intent of an applicable street type and intended uses and activities listed for that type. (d) The street type must be consistent with planned, proposed or anticipated connections to or extensions of existing streets. (e) The street type must be consistent with the specified design speed and design vehicle and accommodate projected traffic volumes at buildout. Page 324 15.A-20 South Burlington Land Development Regulations (f) The street type, including associated facilities, must accommodate all anticipated users, including motorists, pedestrians, cyclists and transit riders. (g) The street type must conform to Comprehensive Plan policies, and any long range studies, capital plans, and other related city planning and policy documents specific to the street, the location, and the planned pattern of development in the vicinity of the subdivision. (7) The DRB is authorized to allow modifications of City street types and standards within a Subdivision, Transect Zone Subdivision or Planned Unit Development, at the request of an applicant, if it finds that the proposed modification furthers stated Comprehensive Plan goals and policies specific to the Zoning District, Transect Zone or PUD type in which the street is located, and that such modification is consistent with provisions for public health, safety and welfare and the orderly development of the City. In no case shall a public or private street have a width of less than (20) feet. In making such a finding, the DRB may consider, as applicable: (a) The stated reasons why a cited standard or specification cannot be achieved; (b) The estimated cost of construction to meet the cited standard in relation to the total project cost, and the cost of any proposed alternative, if cost is cited as a factor in the request; (c) Projected traffic volumes, including projected truck, pedestrian and bicyclist traffic, and the minimum standards necessary to accommodate the stated design vehicle(s); (d) The compatibility of a requested modification with present and anticipated improvements to adjacent street sections or connections; (e) Accident data for the area, to determine the potential impact of a proposed modification on safety and accident rates; and any proposed countermeasures that will be employed to reduce the frequency and severity of future accidents; (f) Recommendations of the Director of Public Works with respect to the proposed street design in relation to its development context, functional classification, and maintenance. (g) Any other information the Board deems necessary to render a decision. Notwithstanding the above, the DRB is authorized to approve minor modifications to accommodate physical site constraints and/or existing patterns of development upon review by the Director of Public Works. D. Functional Capacity and Transit Oriented Development. The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service “D” or better at full buildout. E. Access and Circulation. The applicant must demonstrate that the street network is arranged to meet applicable access management, traffic, and pedestrian circulation standards under these Regulations, including criteria for site plans under Article 14, Transect Zone Subdivisions under Article 8, or a type of Planned Unit Development under Article 15.C; and, for state highways, VTrans Access Management Program Guidelines in effect at the time of application. Unless otherwise specified under Page 325 15.A-21 South Burlington Land Development Regulations these Regulations, the street network, including the location and arrangement of streets, must be designed to: (1) Provide a minimum of two (2) entrances or access points from an arterial or collector street to a subdivision with more than fifty (50) dwelling units on four (4) or more lots or within four (4) or more principal buildings, unless otherwise approved by the DRB in consultation with the City Engineer and Director of Planning & Zoning. (2) Separate subdivision entrances by a minimum distance of four hundred (400) feet on either side of a public street, as necessary to ensure safe access and traffic movement into and out of the subdivision. Subdivision entrances on opposite sides of a public street may be allowed by the DRB if substantially aligned with each other. Signalized subdivision entrances must be separated from existing, signalized highway intersections (as measured between the near edges of the driveway and the intersection) based on street traffic volumes: Table 15-1: Signalized Intersection Spacing Projected Peak Hour Volume (VPH per access lane) Distance (Feet) Below 450 300 450-550 350 551-650 400 651-750 450 751 and greater 500 (3) Provide for street intersections as close to ninety (90) degrees as physically possible. (4) Incorporate offset “T” intersections and other traffic calming measures as necessary to reduce through traffic and traffic speeds within residential and mixed use neighborhoods and to establish terminal views. Street jogs with centerline offsets of less than two hundred (200) feet on local streets are not allowed unless specifically approved by the DRB, in consultation with the Fire Chief and City Engineer, for purposes of traffic calming. (5) Provide deceleration, acceleration and turn stacking lanes as necessary to meet specified Level of Service (LOS) standards under (3) above. (6) Design intersections and other access points to City specifications to include curb radii necessary to accommodate anticipated vehicle types and speeds while also minimizing pedestrian crossing distances. (7) Provide for safe access to abutting properties for motorists, cyclists, and pedestrians, including safe sight distances, access separation distances, and accommodations for high- accident locations. (8) Align access points with existing intersections or curb cuts and consolidate existing access points or curb cuts within the subdivision, to the extent physically and functionally feasible. (9) Minimize vehicular access points (curb cuts) to abutting properties and building lots along pedestrian-oriented street frontage; and provide, where physically feasible, shared vehicular access Page 326 15.A-22 South Burlington Land Development Regulations to frontage and other abutting building lots via rear alleys, side streets, service lanes, shared driveways, or rear cross connections between adjoining parcels. F. Street Names and Signs. (1) Names. Proposed streets and street names must be identified on the final subdivision plat submitted with the application. Street names and numbering shall be provided and approved in accordance with the City’s E-911 Ordinance. (2) Signs. All street signs and posts will be provided and must be installed by the City at the expense of the subdivider. Street and other highway signs must conform to the South Burlington Sign Ordinance and applicable Manual on Uniform Traffic Control Devices (MUTCD standards) in effect at the time of application. 15.A.15 Sidewalks, Bike Lanes, and Recreation Paths A. Purpose and Intent. As necessary to facilitate pedestrian and bicycle access and circulation throughout the subdivision, and to provide direct pedestrian and bicycle connections to adjoining neighborhoods, public parks, transit stops, and other community focal points or destinations in the vicinity (e.g., schools, recreation facilities, civic buildings, shopping and employment centers), the applicant must demonstrate that subdivision layout and design, including the proposed street network, incorporates as applicable: (1) Pedestrian-oriented streetscapes, as defined by Street Type under Article 11.A; (2) Pedestrian sidewalks, crosswalks, and mid-block crossings that meet ADA requirements; (3) Interior block pedestrian passages and walkways; (4) Direct pedestrian access from the street to fronting building lots and civic spaces, and to existing and planned transit stops; (5) Bicycle access to all building lots, and existing and planned transit stops; (6) Bicycle lanes, as incorporated by street type; and (7) Existing and planned pedestrian trails and multiuse recreation paths, as identified in the Comprehensive Plan, or on the City’s Official Map. C. Complete Streets. Unless otherwise specified by Zoning District, Transect Zone or PUD type, the subdivision must incorporate sidewalks or recreation paths as required by Street Type under Article 11.A, other City specifications, and Americans with Disabilities Act (ADA) requirements as applicable. (1) Where a subdivision is proposed to front along an existing roadway, all elements of the Street Type from the curb inward shall be installed by the applicant where not present. E. Pedestrian Easement. A permanent pedestrian easement twenty (20) feet in width may be required by the DRB, as necessary to facilitate pedestrian and bicycle circulation within the subdivision: (1) Through any block that is six hundred (600) feet or more in length; (2) As a continuation of a dead-end street; (3) To provide direct pedestrian access to an existing or planned transit stop within or adjacent to the subdivision; or (4) In conjunction with a utility easement. Page 327 15.A-23 South Burlington Land Development Regulations B. Additional Easements. Additional pedestrian or recreation path easements must be reserved, as indicated on subdivision plans, and shown on the subdivision plat, in conformance with planned public trail and recreation path systems included on the Official Map and Comprehensive Plan. 15.A.16 Blocks and Lots A. Purpose. The layout and configuration of blocks and building lots in relation to the street network establishes the overall pattern of development, including the creation or extension of walkable, pedestrian-friendly neighborhoods and mixed use developments. As such, the configuration of blocks and building lots represent a fundamental component of subdivision design. Accordingly, the applicant must demonstrate that the proposed subdivision incorporates: (1) A street layout or grid under 15.A.14 above that establishes blocks that meet required block standards under these Regulations, including interconnected, walkable blocks and neighborhoods in all residential and mixed use zoning districts, or as specified by Transect Zone under Article 8 or by PUD type under Article 15.C. (2) Blocks that are configured to accommodate and provide access to building lots that comply with these Regulations. (3) Block faces and building lots that, where feasible, are oriented to maximize solar access and gain; (4) Regularly shaped building lots that front on, and minimize lot frontage or width along abutting streets; (5) Required civic spaces, parking lots or structures, and utility corridors and other facilities or easements that are intended to be held, managed, and maintained in single or common ownership. B. Blocks. In all Zoning Districts except the SEQ-Natural Resource Protection, Mixed Industrial/Commercial, Industrial-Open Space, Airport, Airport Industrial, Institutional Agricultural, Park and Recreation, and Form Based Code District, a major subdivision with a contiguous developable area of four (4) or more acres must incorporate one or more blocks defined by intersecting street rights-of-way or other defining features such as a lake or river, railway, historic feature, or permanently conserved land. Block configurations must be designed meet the following requirements: (1) Blocks must be of sufficient developable area, length and width to accommodate building lots that meet zoning district, transect zone (building envelope standards), or PUD standards with regard to intended use, lot size and dimensions and, where applicable, proposed building types. (2) A rectangular block configuration that accommodates two tiers of building lots that front on abutting streets (and may be accessed by a rear alley) is the preferred block configuration; however, a square block configuration that incorporates a shared interior parking area, parking facility, or courtyard is also acceptable. (3) The DRB may also allow a trapezoidal, triangular, or other block configuration as necessary to accommodate existing physical, resource protection, or right-of-way constraints, or to create a design focal point to a neighborhood, to the extent that such a configuration otherwise meets applicable Page 328 15.A-24 South Burlington Land Development Regulations block length and perimeter requirements and can accommodate regularly shaped building lots that front on at least one abutting street. (4) Unless otherwise specified under these Regulations, or as approved by the DRB under 15.A.01(B); in order to ensure and maintain a pedestrian-oriented scale of development within residential and mixed use subdivisions: (a) The block perimeter must not exceed 2,000 feet (b) The minimum block length allowed is 200 feet; and (c) The average block length (for all block sides or faces) must not exceed 500 feet. (5) The DRB may require, per (C)(3) above, a mid-block pedestrian easement for any block that exceeds 600 feet in length, as necessary to provide more direct and convenient pedestrian access, connections and circulation. B. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose. Building lots must be laid out within existing and planned street and block configurations, in such a way that they can be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: (1) All proposed lots must be numbered, as shown on subdivision plans and plats. (2) The arrangement and configuration of lots must allow for the further subdivision of any remaining developable land on the tract or parcel to be subdivided. Where proposed building lots exceed minimum lot area requirements, the DRB may require that such lots be configured and developed in a manner that allows for further subdivision and infill development. (3) Building or other lots for existing or planned public facilities or uses, including public parks, as shown on the City’s Official map or proposed for dedication to the City, must be labeled and shown as such on the subdivision plan and plat. (4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the total buildable area within the developed portion of any Major Subdivision exceeding two acres in size must be allocated to functionally integrated civic space lots, as shown on the subdivision plan and plat. (a) Required civic space must incorporate one or more allowed Civic Space Types under Article 11.B and meet associated type requirements. (b) Designated civic space lots must have frontage on or pedestrian access from an abutting street. The entrance to a civic space that does not front on an abutting street must be readily visible, apparent, and accessible from the street. (c) Civic space lots must be identified on the subdivision plat, and in associated legal documents, as Civic Space lots to be maintained and managed in single or common ownership. (5) The arrangement and configuration of building lots within the subdivision must be consistent with the intended use, street type, and the planned pattern of development for the Zoning District, Transect Zone or PUD type in which the subdivision is located, including the existing or planned street and block network. Page 329 15.A-25 South Burlington Land Development Regulations (6) All building lots must front on a public or private street, a designated civic space, or a shared courtyard with pedestrian access to the abutting street. (7) Building lots must be configured to comply with all relevant lot area, dimensional and lot coverage requirements under these Regulations, including as appliable: • Lot requirements under Section 3.05; • Setback and buffer requirements under Section 3.06; • Lot requirements specific to an allowed use under Article 14; • Zoning district dimensional standards under Appendix C-2; • Transect Zone Building Envelope Standards under Article 8; • SEQ Subdistrict standards under Article 9; and • PUD or Building Type standards under Article 15.C and Article 11.C. (8) Unless otherwise specified under these Regulations, building lots must have sufficient developable area to accommodate proposed building types, associated yard or other required open space areas, site drainage, utilities, or other improvements required under these Regulations, including site plan standards under Article 14. (9) A building lot generally must be rectangular in shape, with side lot lines that are perpendicular or radial to the abutting street, and rear lot lines that parallel the street, except as necessary to accommodate existing rights-of-way or other physical site constraints (see Figure 2-1, Lots, Yards and Lot Lines). Irregular or oddly shaped building lots, including flag and through lots, are prohibited, except for: (a) A flag lot, with a minimum of fifteen (15) feet of frontage on the abutting street, as necessary to accommodate a back-lot subdivision and infill development within an existing subdivision, block pattern, or development; (b) A triangular or trapezoidal building lot defined by abutting streets that otherwise has sufficient street frontage and lot area to meet minimum lot requirements; or (c) A through lot with frontage on two parallel or intersecting streets that cannot be further subdivided under minimum lot requirements, provided that front setback requirements can be met on both streets. (10) Building lots should be oriented and configured to minimize lot width (frontage) along the street. The preferred building lot width to depth ratio is 1:2; however, a ratio of 1:1 to 1:5 may be allowed as necessary to accommodate physical site constraints, stormwater drainage, or rear lot access and parking. (11) Building lots must be configured to avoid or, where necessary, minimize rear lot lines that abut side lot lines. Unless otherwise specified under these Regulations, corner lots must be configured to meet lot frontage and front setback or build-to-zone requirements on all abutting streets. (12) Temporary or permanent surface parking lots, where parking is the principal use, must at minimum meet the minimum lot area requirement applicable to building lots, to allow for future parking lot redevelopment. Such lots must also be shown on subdivision plans and plats submitted with the application. Page 330 15.A-26 South Burlington Land Development Regulations 15.A.17 Mix of Dwelling Unit Types A. Mix of Dwelling Unit Types and Architectural Features. A mix of dwelling unit types (i.e. cottage, single family, two-family, small multi-family, townhouse, etc. etc.) and mix of architectural features and styles must be provided within neighborhoods and developments. These must be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near-identical unit types. An applicant for a subdivision shall submit a plan demonstrating how this mix will be achieved for the Development Review Board’s consideration at the preliminary plat stage. Where a Planned Unit Development approved under Article 15C establishes standards for a mix of dwelling unit or building types, those standards shall supersede these herein. 15.A.18 Infrastructure, Utilities, and Services A. Capacity of Community Facilities, Utilities and Services. The applicant must demonstrate that the proposed subdivision and development will not exceed the existing or planned capacity of, or cause a disproportionate or unreasonable burden on City facilities, utilities and services, including: • Public schools, • Police, fire protection and ambulance services, • Street infrastructure and maintenance, • Parks and recreation facilities, and • Water supply, wastewater disposal, and stormwater management systems and infrastructure. B. Potable Water Supply and Wastewater Systems. The applicant must demonstrate that adequate potable water supply and wastewater facilities exist to serve the subdivision at buildout, and for each phase of development, in accordance with the following: (1) A subdivision within the City’s public water supply and wastewater system service areas must be connected to municipal systems unless physical constraints preclude such connection. For the sewer system this includes any area located within the City Center Service Area, or within 200 feet of an existing sewer line. Each building lot within the subdivision must be served by the municipal system as required under the City’s Water Ordinance, and South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems, as most recently amended. (2) Private community or other onsite systems are not permitted within the City’s existing public water supply and sewer service areas. A community system outside of an existing service area may be allowed only with approval from the DRB, the Department of Public Works and the Vermont Department of Environmental Conservation, under the Department’s Environmental Protection Rules. The applicant must demonstrate that a community system has been designed in accordance with City and state standards, and to eventually connect to the municipal system. (3) Existing or planned water supply and wastewater system capacity must be adequate to meet total water demand and wastewater flows at buildout, and for each phase of development, as evidenced by City allocations of available reserve capacity for projects connecting to municipal Page 331 15.A-27 South Burlington Land Development Regulations systems. The applicant must apply to the Department for a preliminary allocation of available uncommitted water and wastewater system reserve capacity in advance of preliminary subdivision review. (a) Preliminary capacity determinations are not binding on the City but may be used by the applicant and DRB to determine that system reserve capacity, at the time of application, is sufficient to serve the proposed subdivision. Final capacity allocations will be issued by the Department only after the DRB issues final subdivision approval. (b) Capacity allocations are not transferrable, and unused allocations expire with the expiration of final subdivision approval, or within (5) years of the date of issuance, unless a one- time extension of up to five (5) years is requested and approved by the Department. (4) Proposed mains, distribution lines and connections to the City’s water distribution and wastewater systems, and associated equipment and appurtenances, must be designed to City specifications by a Vermont registered engineer, and are subject to review and approval by the Public Works Department. (5) Utility corridors and easements must be shown on subdivision plans and plats submitted with the application. Water and sewer mains must be located within the limits of public rights-of-way or, with approval of the DRB and the Department of Public Works: (a) within other property owned by the City; or (b) within a restrictive, perpetual utility easement granted to the City which is of sufficient width to allow Department access for maintenance and repair work. (6) Sufficient water system pressure must be maintained throughout the subdivision, to serve all building lots and to provide for adequate fire protection. (7) A water or sewer main must extend across the entire property, to the adjoining property line, to allow for future extensions through adjoining properties. (8) The DRB, in consultation with the Department of Public Works and Planning & Zoning Department, may also request that the applicant overdesign required system improvements, including pipes and pumping stations, as necessary to also serve adjoining parcels, or to comply with planned system improvements, subject to review and approval by the City Council. (a) If requested improvements are approved by the City Council in advance of preliminary or final subdivision approval, system infrastructure must be installed by the applicant as approved, and the City shall reimburse the applicant or developer for the difference in cost. (b) If the City Council does not approve requested improvements, the applicant will not be required to comply with the DRB or Department request. C. Fire Protection. The subdivision must be laid out to ensure that adequate fire protection can be provided in accordance with City specifications. (a) Subdivision layout and design must also comply with applicable City and state public safety and fire codes in effect at the time of application, including standards for minimum separation distances between structures, street width, water flow and pressure, fire hydrant installation, sprinkler systems, and emergency vehicle access. Page 332 15.A-28 South Burlington Land Development Regulations (b) Fire hydrants connected to the municipal water system must be located and designed to meet City specifications, as recommended by the Department of Public Works and City Fire Marshal. For a subdivision that is not connected to the municipal system, the DRB may require the subdivider to install hydrants, fire ponds or other measures necessary to provide adequate fire protection, as recommended by the Fire Marshall. D. Stormwater Facilities. The applicant must demonstrate that stormwater management system serving the subdivision has been designed to meet City standards and specifications under Article 13 of these regulations and the South Burlington Ordinance Regulating the use of Public and Private Sanitary Sewerage and Stormwater Systems. (1) Planned Unit Developments. For the purposes of determining applicability in Section 13.05B of these regulations, in the instance of a Planned Unit Development, the applicant shall calculate the impervious coverage on the entire PUD, rather than lot or parcel. The stormwater management requirements will apply to all PUDs within the City of South Burlington where one-half acre or more of impervious surface area exists or is proposed to exist. E. Utilities and Services. The applicant must demonstrate that subdivision design has been coordinated with utility companies serving the proposed subdivision, as necessary for the DRB to determine that adequate service capacity exists and that the areas identified for utility installation, on subdivision plans and plat, meet the requirements of these Regulations. (1) Utility connections must be provided to each building lot, and to other subdivision lots on which service is necessary or required. (2) Utilities must be located within street rights-of-way, or within permanent utility access and maintenance easements identified on subdivision plans and plats. (3) New electrical, natural gas, telephone, internet, cable television, and outdoor lighting systems must be installed underground, unless prevented by ledge or other physical constraints that make burying utility lines impractical. (4) Utility lines or corridors must be located and designed in a manner that is compatible with the extension of utilities and services to adjacent properties. F. Street and Sidewalk Lighting. Where provided along local and collector streets, street and sidewalk lighting must be pedestrian-scaled (e.g., 12 to 14 feet in height) to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the development patterns and character of the neighborhood, with smooth levels of illumination (rather than hot-spots) and light trespass minimized to the lowest level consistent with public safety. G. Renewable Energy Facilities. The applicant must demonstrate that, to the extent physically feasible, reasonable, and as appropriate to its development context, the subdivision has been designed to incorporate best practices that maintain access to and use of renewable energy resources, e.g., to include one or more of the following as indicated on subdivision plans and plats: (1) Street and building lots that are oriented to maximize solar access and gain, for passive solar construction or rooftop solar installations. (2) Parking lots or structures that are designed and constructed to accommodate electric vehicle infrastructure, including charging stations and solar canopies or rooftop solar installations. Page 333 15.A-29 South Burlington Land Development Regulations (3) One or more suitable open areas (“solar lots”) within the subdivision that are specifically designated for a ground-mounted community or neighborhood solar installation. (4) Solar access easements, as necessary to maintain solar access across adjoining building lots or properties. (5) Covenants, deed restrictions or other legal mechanisms that require “solar-ready” construction within the subdivision. 15.A.19 Required Improvements A. General Standards. All required improvements must be designed and installed in accordance with the design standards, development requirements, specifications and procedures set forth in these Regulations and other applicable City regulations and standards. Typical plans and sections are attached to these Regulations. Installation and design standards apply to both public and privately owned required improvements. Proposed privately owned streets and other improvements shall be marked as such on the final plat. B. Reference Monuments. Permanent reference monuments, as shown on the final subdivision plat, must be set in concrete for all corners and angle points of the boundaries of the subdivision and as required by the City Engineer for new roads. Lot corner markers shall be set at corners and angle points of all lots, plots, or parcels, and located in the ground to finish grade. C. Modification of Design or Improvements. If at any time after approval before or during the construction of the required improvements, the subdivider demonstrates that unforeseen conditions make it necessary or preferable to modify the location or design of structures, utility cabinets, curb cuts, roads, parking lots, lighting, or landscaping, such minor alterations may be authorized by the Administrative Officer pursuant to the standards in Section 14.05(I) for as-built plans and field changes, upon the advice of the City Engineer. Such authorization may be provided if the proposed changes are within the spirit and intent of the Development Review Board's approval and that they do not waive or substantially alter the function of any improvements previously required by the Development Review Board. The modification of minor engineering or construction details or improvements may be authorized by the City Engineer without further approval, provided such changes do not alter the approved function, location or design of structures, curb cuts, roads, or parking lots. D. Inspection of Improvements. The City Engineer may, at their discretion, may perform inspections as needed during the installation of required improvements to verify the satisfactory completion of required work. E. Proper Installation of Public Facilities and Improvements. Prior to the release of any bond, escrow account, or letter of credit pursuant to Section 15.A.19, the subdivider or developer must submit to the City Engineer as-built construction drawings, certified by a licensed engineer. The City Engineer shall then inspect the required public facilities and improvements. In the event deficiencies are found and are not remedied by the subdivider or developer, 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. F. Acceptance of Required Improvements. The City Council is not obliged to accept any public Page 334 15.A-30 South Burlington Land Development Regulations street, facility, or improvement. City acceptance of proposed public streets and required public facilities and improvements must conform to procedures established by the City Council. 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 guarantee work for a two-year period, have been released or closed. 15.A.20 Performance Bonds, Escrow Accounts, Letters of Credit A. Public Facilities and Improvements. (1) Public facilities and improvements under this Article shall include, without limitation, streets, sidewalks, recreation paths, curbing, water and sewer mains and pipes, stormwater infrastructure, pipes and catch basins, fire hydrants, parks, recreational facilities and other improvements which are public or are intended to become public. (2) Before the issuance of a zoning permit, the applicant, subdivider or developer must furnish the City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to cover the full costs of all proposed public facilities and improvements and ancillary site improvements and their maintenance for two years after completion. (3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has deemed the work to be complete in accordance with City approvals and regulations and for two (2) years thereafter, but in no case for a longer term than 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 (3) 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. (4) Partial Release. Upon a determination by the City Engineer that a phase of the construction of public facilities and improvements is complete as provided in Article 15.A.18(E), the Administrative Officer may recommend that the City Treasurer approve a partial release of the amount of the bond, escrow account or letter of credit equivalent to the phase or portion of the completed construction, up to a maximum of 90% of the original amount. Any amounts that the City Treasurer releases shall not exceed the proportion of the total project that has been built, up to a maximum of 90% of the original amount. The remaining 10% of the original amount of the bond, escrow account or letter of credit only shall be released upon the determination of the City Engineer that the public facilities and improvements have been maintained for two years after the City Engineer determined the public facilities and improvements to be complete. Upon a determination by the City Engineer that the public facilities and improvements have been maintained as provided within the term of the bond, escrow account or letter of credit, the Administrative Officer may recommend that the City Treasurer approve the release of the remaining 10% of the original amount. B. All other bonds, escrow accounts, or letters of credit required by these Regulations, including but not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required demolition and removal of buildings. Page 335 15.A-31 South Burlington Land Development Regulations (1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee all landscaping and plantings as required under Article 14, and any site restorations or rehabilitations as required under Article 3 or Article 13, for a period as described in this section. (a) For development with a total landscaping budget requirement of $2,000 or less, no performance bond, escrow account, or letter of credit shall be required. (b) For development with a total landscaping budget requirement of over $10,000, the required amount for performance bond, escrow account, or letter of credit shall be $10,000, plus fifty percent (50%) of the landscaping budget amount over $10,000. Example: a development with a total required landscaping budget of $20,000 shall have a performance bond, escrow account, or letter of credit of not less than $15,000. (2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of buildings required by Article 3.09. Bonds, escrow accounts or letters of credit for the demolition and removal of a principal building upon the construction and occupancy of a new principal building, as required by Article 3.09 of these Regulations, shall run for a period of two (2) years. The Administrative Officer may recommend that the City Treasurer approve the release of the bond, escrow account or letter of credit upon a demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or developer does not demonstrate compliance with Article 3.09(E)(3) 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) Term for Other Bonds, Escrow Accounts, or Letters of Credit required under Articles 3, 13, 14, and 15. 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 bond, escrow account or letter of credit shall be forfeited to the City. C. Bond Amounts. The amount of such bond, escrow account or letter of credit shall be established by the Development Review Board and shall be equal to 100% of the estimated project costs for public facilities and improvements, plus a 15% contingency; or 100% of the estimated project costs for all other types of bonds required by these Regulations. The applicant, subdivider or developer shall be responsible for 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 Board. The Board may invoke technical review to confirm the accuracy of estimates. D. Form of Bonds, Other Sureties. The form of any such bond, escrow account, or letter of credit shall be approved by the City Attorney and City Council and shall include procedures for the City to make use of such funds in accordance with 24 VSA § 4464. E. "As-built" construction drawings and plans shall be submitted in paper and digital form to, and approved by, the City Engineer, prior to the release of any bonds, or portions thereof, for the installation of all required improvements. Page 336 15.B-1 South Burlington Land Development Regulations 15.B MASTER PLAN REVIEW 15.B.01 Purpose 15.B.02 Applicability 15.B.03 Review Process 15.B.04 Master Plan Components 15.B.05 Review Standards 15.B.06 Approval, Effect, Duration, Amendment 15.B.01 Purpose For purposes of these Regulations a master development plan, or “Master Plan,” is a plan for the integrated, long-term development of a tract or parcel of land which prescribes the overall pattern, type, density, form, and timing of development, consistent with applicable regulations, the City’s adopted Capital Improvement Program, and Official Map. Master plan review and approval by the Development Review Board (DRB) is intended to: • Establish the framework for the orderly, well-planned, and integrated development of large tracts of land consisting of one or more contiguous parcels, and for phased development projects that occur over an extended period of time; • Identify and address the cumulative and overall impacts of more complex or phased development on the planned pattern and density of development in the vicinity, on resources identified for protection under Article 12, and on existing and planned municipal infrastructure, facilities, and services; • Ensure that the location, timing, and rate of proposed development does not exceed the ability or capacity of the City to provide municipal infrastructure, facilities, and services in an efficient and cost-effective manner; • Serve as the basis for development phasing, by specifying the timing and sequence of development in relation to existing and planned infrastructure capacity, required improvements, and the provision of open space, including civic spaces and other public amenities; • Define and clarify respective interests, roles, responsibilities, and management structures for project development under the Master Plan, and for long-term management and maintenance; • Provide assurances to the City, affected neighbors, and other interested parties that subsequent development will be consistent with an approved Master Plan; and • Provide assurances to the applicant, investors, and developers that, for the duration of the approved Master Plan, development consistent with the plan may proceed under regulations in effect at the time of master plan approval. 15.B.02 Applicability (A) Required Approval. Master plan review and approval by the DRB is required prior to preliminary subdivision review under Article 15.A, or site plan review under Article 14, as applicable, for: Page 337 15.B-2 South Burlington Land Development Regulations (1) Any Major Subdivision involving four (4) or more acres, except for any portion of Transect Zone Subdivision within the City Center Form Based Code District. (2) Any land subdivision or site development proposed to occur over two (2) or more phases, or three (3) or more years. (3) A Planned Unit Development under Article 15.C unless, at applicant request, Master Plan review is waived by the DRB for a PUD on less than four (4) acres under 15.C.03. (4) Multiple Structures on a Single-User Lot or Complex, in accordance with Section 3.09. (5) The DRB may also require the submission of a Master Plan for any tract or parcel of land where there exists clear potential for future growth and development beyond that presented in an application, as necessary to establish physical and functional connections between areas of proposed and potential future development. (B) Elective Review. An applicant may request Master Plan review for any project that involves two (2) or more acres in any zoning district, except within the City Center FBC District. 15.B.03 Master Plan Review Process The following procedures apply to any subdivision or development project for which master plan review is requested or required: (A) Pre-Application Sketch Plan Review. An applicant must submit a Sketch Plan for review and follow the procedures and submittal requirements of Section 15.A.05. If master plan review is requested or required, the applicant must then file an application for master plan approval within six (6) months of the final DRB sketch plan review meeting. The Master Plan must generally conform to the layout shown on the Sketch Plan, and incorporate recommendations made by the DRB. (B) Master Plan Application. The applicant must submit a Master Plan that includes the components described under (D) below; and specific submission requirements as listed in Appendix E, Submission Requirements. The applicant must meet with Planning and Zoning Department Staff to review application requirements, relevant codes and standards, and proposed phasing schedules, prior to submitting a formal application. (C) Combined Review. Master plan review is required prior to or in association with preliminary subdivision review under Section 15.A.06, or site plan review under Article 14 if no subdivision of land is proposed. (i) At applicant request, master plan review, as applicable to the entire tract or parcel to be subdivided or developed, may be combined with preliminary subdivision or site plan review for either the entire subdivision or development, or for a discrete portion or phase of the proposed development. (ii) The DRB may simultaneously review the Master Plan with any area proposed for preliminary subdivision or site plan review, but must issue separate findings of fact, and any conditions of approval, specific to each type of review. Findings of fact pertaining to the Master Plan shall Page 338 15.B-3 South Burlington Land Development Regulations be binding on the City, the DRB, and the applicant for all subsequent preliminary and final subdivision or site plan applications made pursuant to master plan approval. (iii) Any land proposed for subdivision or development for which master plan review is secured without preliminary subdivision or site plan review shall require preliminary subdivision or site plan review and approval prior to final review and approval unless the DRB has waived the preliminary subdivision stage of review under the approved Master Plan. (D) Neighborhood Meeting. The applicant for master plan review must conduct at least one (1) neighborhood meeting in the neighborhood in which the project is located, the costs of which are to be borne by the applicant. The purpose of this meeting is to present the pending proposal, provide an opportunity for public questions and comments, and to allow the applicant to identify and address potential neighborhood concerns in advance of the formal hearing process. (1) The neighborhood meeting must be held within thirty (30) calendar days of filing a complete application, and no less than seven (7) calendar days prior to the first public hearing. (2) The meeting should be held on a weekday evening or Saturday, in an ADA-accessible building open to the public in the City of South Burlington. (3) The meeting should not be held on the same day as a regularly scheduled Development Review Board or City Council meeting. (4) A meeting invitation that includes a brief project description, and the date, time, and location of the neighborhood meeting must be posted on the development site and sent, by regular mail, to all property owners located within 500 feet of the property line, at least seven (7) calendar days prior to the meeting date. A digital copy of the meeting notice must also be provided to the Administrative Officer in advance for posting and forwarding to the City’s notice list. (5) The meeting must include an overview of the project by the applicant, an opportunity for all members of the public in attendance to offer oral input, and acceptance of any written input. (6) Following the meeting, the applicant must submit the meeting attendance list and meeting minutes to the Administrative Officer for inclusion in the public hearing record. (E) Public Hearing. Following the submission of a complete application, the Administrative Officer must schedule and the DRB must hold a warned public hearing on the master plan application, as required under 24 V.S.A. §§ 4463 and 4464 and Section 17.08(F) of these Regulations. 15.B.04 Master Plan Components (A) Submission Requirements. In addition to submission requirements under Appendix E, a Master Plan submitted for review under this Article must include each of the following listed components and Page 339 15.B-4 South Burlington Land Development Regulations information, to be presented in narrative, graphic, and tabular form, unless waived by the DRB as not applicable to a particular subdivision or development. (B) Project Description. A map, narrative, and accompanying table(s) that describe: • The overall vision for and scope of the proposed development; • The land area and properties to be included under each phase of development; • Current property ownership and contact information; • Current zoning district designations; • Proposed Planned Unit Development (PUD) type(s) under Article 15.C, as applicable; • Project consistency with applicable zoning and subdivision regulations; and • Any requested modifications or waivers, as allowed under the Regulations. (C) Context Report. A map and accompanying narrative that describe the area proposed for subdivision, development, or redevelopment, in relation to the existing and planned pattern and type of development in surrounding neighborhood, and to existing and planned City facilities, services, and infrastructure in the vicinity of the project, to include: • Existing parcels, and existing and planned streets and blocks, recreation paths, transit routes, buildings, land uses, parks, civic spaces, and other open spaces and community facilities located within ¼ -mile of project boundaries; • Proposed street, recreation path, transit, infrastructure, and open space connections between existing, planned, and proposed development; • A more detailed Development Context Analysis as required for an Infill or Redevelopment (IRD) PUD under Article 15.C, as applicable; and • A description of how concerns raised in the Neighborhood Meeting will be addressed. (D) Existing Conditions Report. A Site Conditions Map for the entire tract and accompanying narrative, that depict and describe existing: • Topographic conditions, including elevation contours, surface waters, wetlands, and other natural features; • Natural under Article 12, or as otherwise regulated by the City; • Existing streets, blocks, and utility corridors, including existing rights-of-way; and • Existing land uses and structures, including any historic sites or structures listed or eligible for listing on the Vermont State Register of Historic Places. Note! The greater the level of detail provided in the Master Plan, the less need for extensive review of subsequent phases of development. Conversely, the more general the details provided, the greater the level of information and review that may be required by the DRB for subsequent phases of development. Page 340 15.B-5 South Burlington Land Development Regulations (E) Development Plan. One or more maps and an accompanying narrative that depict and describe the overall pattern, type, and density of development proposed for the entire project, and for each phase of development, to include: • Natural resource areas identified for protection, consistent with adopted Environmental Protection Standards under Article 12; • Any designated Conservation Area or other open space areas, • Any land area to be set aside for renewable energy production; • The proposed street and block grid within and connecting each phase of development, including the location of major streets by Street Type, and any existing rights-of-way, easements or intersections identified for relocation; • Proposed recreation paths, transit routes, infrastructure, and utility corridors between and serving each phase of development; • One or more designated Development Areas, to include land use allocation areas by proposed use type(s), at minimum to include any designated residential areas, nonresidential areas, mixed use areas, civic space areas, and the location of principal or shared parking areas serving the development. • Any proposed transition areas along the project perimeter, in which proposed development will either be integrated with or buffered from adjoining properties and development; • Existing buildings to be incorporated in proposed development or redevelopment; and • Public and private transportation, infrastructure, and utility improvements necessary to accommodate each phase of development, and the entire project at buildout, to include any land, facilities, or improvements proposed for public dedication, consistent with the City’s adopted Official Map. (F) Summary Statistics. The following project statistics or metrics, presented in an easy to reference tabular format, must be provided for the entire tract or project area, and for each phase of development, unless waived by the DRB as not relevant or applicable to a particular project: • Total tract or parcel area, and the area associated with each phase of development, in acres and square feet;for protection under Article 12, and by resource type (Hazard, Level I, Level II); and the area, in acres, of any designated Conservation Area(s) or lots, as shown on the Master Plan; • Total area, in acres, included in existing and planned street rights-of-way; the number and length in feet of proposed streets by Street Type, and the number of street intersections, as shown on the Master Plan. • Total number of existing and planned blocks; and the block perimeter and average block length for each block, in feet, as shown on the Master Plan. • Total Buildable Area, in acres and square feet, as allocated by land use or building type, within each designated Development Area and block shown on the Master Plan, to exclude existing and planned street rights-of-way, but to include existing and proposed civic space lots and parking lots. Page 341 15.B-6 South Burlington Land Development Regulations • Number of proposed dwelling units by housing or building type within each designated Development Area and block shown on the Master Plan; • Total gross floor area by use or building type for nonresidential and mixed use development within each designated Development Area and block shown on the Master Plan; and • Other statistics or data required by the DRB as necessary to determine conformance with relevant standards under these Regulations. (G) Buildout Analysis and Budget. Based on the statistics provided under (F) above, the applicant must also provide an analysis for each of the following based on total forecasted demand at buildout, and as allocated for each phase of development, for use in determining the project’s total “Buildout Budget”: • Minimum and maximum acreage allocations by land use or building type, as percentages of the Buildable Area within designated Development Areas; • Gross and net (or effective) development densities by land use or building type; • Minimum number or percentage of affordable housing units required within residential and mixed-use development areas, as applicable pursuant to Article 18; • Minimum percentage, and area in square feet, of required civic space(s) within designated Development Areas; • Maximum peak hour trip generation rates, by use type; • Maximum water supply and wastewater system demand, by use type; • Maximum total impervious surface (percentage, total square footage), and volume of stormwater runoff per designated Development Area; and • Other measures or parameters required by the DRB as necessary to identify and limit the forecasted impacts of development on municipal facilities, infrastructure and services, and properties and uses within the vicinity of the project. (H) Design Standards. The application must include proposed standards, specifications, illustrations, best management practices, or other forms of guidance for the following, consistent with City regulations in effect at the time of Master Plan approval, as applicable to all subsequent development under the Master Plan: • Protections for natural resources defined and regulated under Article 12, consistent with the standards and accepted mitigation measures of Article 12. • The mix or allocation of land uses, as specified for each phase of development; • Typical street cross-sections by Street Type, as referenced under Article 11.A; • Typical Civic Space and other proposed open space types, as referenced under Article 11.B; • Typical block and building lot dimensions and configurations, consistent with applicable subdivision and zoning district regulations, or PUD type, and for designated transition areas as necessary to complement or match the adjoining pattern of development; • Typical building types, as applicable and referenced under Article 11.C, including proposed housing types, and building elevations; Page 342 15.B-7 South Burlington Land Development Regulations • Building height and setback standards as applicable by zoning district, PUD or building type; and for designated transition areas, as necessary to complement or match the adjoining pattern and form of development; • Parking standards and specifications for off-site, on-street, and on-site parking, including any charging stations needed to serve proposed development, consistent with City parking standards under Section 13.01, Article 14, and by Street Type; • Setbacks, buffering, screening, or other mitigation measures necessary to separate incompatible land uses, particularly within designated transition areas; • Overall lighting plan, including typical fixtures, consistent with relevant lighting requirements under Section 13.07 and Appendix D; • Landscaping and screening specifications, consistent with relevant landscaping standards under Section 13.04; • Specifications for the siting and design of new buildings, and the retrofit of existing buildings, as necessary to meet applicable energy standards under Section 3.18, and to incorporate renewable energy installations; and • Any additional architectural or design guidance for each type or phase of development, and for proposed transition areas, that is intended to integrate existing and new forms of development, and to ensure coordinated and cohesive phased development. (I) Phasing Plan. The application must include a narrative or table and map that clearly identify, describe and depict each phase of development, including properties included, designated development areas by use type, major streets, supporting infrastructure and facility improvements, civic spaces, and other public amenities to be provided prior to or in association with each phase; and a schedule for the timing and sequence of development over the period covered by the Master Plan, consistent with the City’s adopted Capital Improvement Program and Official Map. (1) An applicant for a Conservation PUD may elect to not provide a schedule, timing, and sequence of development for phases beyond the first phase by labelling them as Reserved. In rendering its decision in such an instance, the Board shall clearly indicate that an amendment to the Master Plan, enumerating the schedule, timing, and sequence of development shall be required in order for Reserved phases to proceed to the next stage of review. (2) Each proposed phase of development should account for at least 20 percent of the total project area or expected buildout in units/square feet; incorporate one or more distinct areas identified for coordinated development and management; and the infrastructure and facilities necessary to support that phase of development. (a) In the instance of a Conservation Planned Unit Development, the first phase of a multi- phased project is not required to include any minimum amount of the total project area or buildout but must ensure that infrastructure and facilities necessary to support future phases are incorporated. Page 343 15.B-8 South Burlington Land Development Regulations (3) Any temporary or interim structures or uses (e.g., buildings, parking, construction, or staging areas) intended for conversion or redevelopment in a subsequent phase should also be identified in the phasing plan. (J) Management Plan. A narrative description of the proposed management structure responsible for project development, to include all principals or entities with direct control over and responsibility for the financing, permitting, construction, and completion of development under the Master Plan; and, following project completion, for long-term ownership, management, operation, and maintenance of capital and community assets. The management plan must also clearly identify any streets, infrastructure, facilities, civic or other open spaces proposed for public dedication under each phase of development, consistent with the City’s adopted Official Map and Capital Improvement Plan, for consideration under subsequent DRB reviews and conditions of approval or under development agreements to be approved by the City Council. 15.B.05 Review Standards (A) Findings. For Master Plan approval, the DRB must find that: (1) The Master Plan includes all the components required under 15.B.04 above, in sufficient detail to provide the framework and standards for future development under the plan, unless specifically waived by the DRB as not applicable to the proposed subdivision or development; (2) The overall type, pattern, and density of development, and allocation of land uses, are consistent with these Regulations and other City regulations in effect at the time of application, including relevant subdivision, zoning district or planned unit development standards; (3) The proposed Development Plan demonstrates the efficient, coordinated, and integrated development and use of land which: (a) Considers existing topography and physical site constraints; (b) Avoids or minimizes and mitigates the impacts of future development on environmental resources identified for protection, as enumerated in Article 12, and as incorporated into the overall design; (c) Defines an overall pattern of development, including proposed streets and blocks, that is consistent with the zoning district or proposed type of planned unit development; (d) Maintains street, pedestrian, and transit connectivity, and contiguous or accessible open space with the adjoining neighborhood, and within and between each phase of development; (e) Avoids, or minimizes and mitigates the adverse impacts of development on adjacent properties and uses, through the designation of transition areas or buffer areas along the project perimeter; and (f) Includes adequate standards specific to each type and phase of development, to include guidance for the functional and aesthetic integration of development with the surrounding neighborhood, and provisions for buffering or screening incompatible land uses. Page 344 15.B-9 South Burlington Land Development Regulations (4) The Buildout Budget sets reasonable development parameters for the entire project, and as allocated for each phase of development, for reference in subsequent regulatory reviews, as necessary to identify and limit the cumulative and overall impacts of project development on City infrastructure, facilities and services. (5) Proposed design standards and related guidance are sufficiently detailed to prescribe and direct coordinated development, consistent with the Master Plan and regulations in effect at the time of master plan approval, for the duration of the plan. (5) The Phasing Plan and Schedule: (a) are consistent with the City’s adopted Capital Improvement Program; (b) ensure that all phases of development will occur in an orderly fashion; and that (c) infrastructure and facility improvements necessary to support each phase of development will be provided concurrently with such development, as may be further ensured through subsequent or separate regulatory review processes and development agreements. (6) The Management Plan: (a) defines a management structure for the duration of the Master Plan that supports long- term project viability through project buildout; (b) identifies those principals or entities responsible for securing necessary municipal permits and approvals for development under the Master Plan; and (c) clearly identifies proposed ownership and responsibilities for the long-term management, maintenance and operation of capital and community assets, including any proposed dedications of land, facilities and infrastructure to the City. 15.B.06 Master Plan Approval, Effect, Duration, Amendment (A) Decision. Within forty-five (45) days after the close of the public hearing on the Master Plan, the DRB must issue its written findings of fact and decision to approve, approve with conditions, or disapprove the Master Plan. Failure to act within this 45-day period shall constitute approval under 24 VSA § 4464(b), as deemed by the court and certified by the City Clerk. The DRB decision, including findings and information for appeal, shall be sent by certified mail to the applicant, and filed in the City land records. Copies of the decision shall also be mailed to all parties who participated in the DRB hearing process. (B) Subsequent Regulatory Review. In its approval of a Master Plan, the DRB shall specify the level of review and review processes required for subsequent applications filed under the Master Plan, provided such procedure is consistent with the intent of these Regulations and the following: (1) Sketch plan review is not required for any application for preliminary subdivision or site plan review that complies with the approved Master Plan, and associated conditions of approval. Page 345 15.B-10 South Burlington Land Development Regulations (2) The DRB may waive preliminary subdivision or site plan review for specified phases or portions of a project. (3) The DRB may in its decision specify allowed modifications or changes under the Master Plan which require only administrative review and approval by the Administrative Officer. (C) Effect. Once a Master Plan has been approved, all subsequent land subdivision and development must conform to the Master Plan as approved. (1) The Development Review Board in issuing a decision shall make specific findings as to which components of the Master Plan are vested, based on the type, level, and detail of information provided in the Master Plan, and the amount of time the plan is intended to remain in effect. The Board may approve components or elements of the Master Plan as applicable to all subsequent applications; or determine those components or elements of the Master Plan that are vested, or not vested, for the duration of the plan. (2) Master Plan approval is binding upon the applicant, the owner(s), their agents, and successors in interest. (3) Once the Master Plan is approved, the applicant may apply for other permits and approvals referenced in the conditions of Master Plan approval, as required prior to the start of construction. (4) Unless the applicant fails to comply with the conditions of Master Plan approval and these Regulations, the Master Plan as approved shall not be modified, revoked, or otherwise impaired by any action of the City without the consent of the applicant. For purposes of subsequent regulatory reviews under the Master Plan, for the duration of the plan the regulations in effect at the time of Master Plan approval shall apply to vested elements under Subsection(C)(1). For vested elements, Regulations enacted following master plan approval shall apply only as necessary to address public health and safety or, at the request of the applicant, to incorporate types or forms of development allowed under more recently adopted regulations, in conjunction with an application to amend the Master Plan. (D) Duration. The duration of the Master Plan, as specified in the conditions of DRB approval, shall be determined by the DRB in consultation with the Planning Director and City Engineer. (1) The Master Plan should be approved for a specified period of time, not to exceed six (6) years, for which the impacts of proposed development can clearly be ascertained from the quality and detail of the information provided; which allows sufficient time for project planning, financing, permitting, and development, including required regulatory reviews; and which accommodates full project buildout in relation to the timing of planned infrastructure and facility improvements. (2) The Master Plan shall remain in effect as approved until the development allowed by the plan has been completed, the plan expires, or the plan is amended or superseded. (3) Applicant shall submit a complete preliminary or final subdivision or site plan application (as applicable) for at least one phase of the project within two (2) years of the date of Master Plan approval. Concurrent review with Master Plan shall be deemed to have satisfied this requirement. Page 346 15.B-11 South Burlington Land Development Regulations Failure to submit a complete application within two (2) years of the date of approval shall result in expiration of the Master Plan. (4) The duration of an approved Master Plan may be extended by the DRB for, for cause, if the request and reasons for the extension are submitted in writing prior to the Master Plan expiration date; however, in no event shall the duration of an approved Master Plan exceed ten (10) years in total, to include all authorized extensions or amendments. (5) An expired Master Plan may be extended, renewed, or amended only on submission as a new Master Plan, subject to full DRB review under 15.B.03 and the Land Development Regulations in effect at the time of application. (6) A complete application for a Master Plan may be submitted at any time subject to the rules in effect at the time of submission. (7) Pursuant to 24 V.S.A. 4463, any site plan or subdivision plat, and associated conditions of site plan, subdivision, or Planned Unit Development approval that are recorded in city land records under an approved Master Plan, shall remain in effect as recorded following Master Plan expiration. (E) Amendment. (1) Minor Amendment. An approved Master Plan may be amended concurrently with the application for preliminary or final subdivision or site plan review, without sketch plan review, if the proposed amendment represents a material change that does not deviate significantly from the Master Plan as approved, including the approved development plan and phasing schedule, and does not alter the overall buildout budget. This may include the reallocation of budgeted development parameters between development phases. (2) Substantial Amendment. Full Master Plan review and approval under (C), including sketch plan review and required pre-application meetings, will be required for any development representing a substantial change that deviates from the approved Master Plan in one or more of the following respects: (a) Proposed development that incorporates land or properties that were not included in the master plan as approved; (b) Proposed development that significantly alters the development plan as approved, including a change in the overall pattern of development (e.g., streets, blocks, connectivity), the location and extent of permanent open space, designated development areas and civic spaces, or the allocation of development densities and land uses; or (c) Proposed changes that significantly alter the parameters and associated impacts of development at buildout as set forth in the approved buildout budget, including an increase in total site coverage, an increase in PM peak hour trip ends, and other parameters that require additional infrastructure, facilities, or services. . Page 347 15.B-12 South Burlington Land Development Regulations Page 348 15.C‐1 South Burlington Land Development Regulations 15.C PLANNED UNIT DEVELOPMENT 15.C.01 Purpose 15.C.02 Applicability 15.C.03 Planned Unit Development Review 15.C.04 General PUD Standards 15.C.05 Conservation Development 15.C.06 Traditional Neighborhood Development 15.C.01 Authority and Purpose A. Authority (1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, and to approve, to approve with modifications and conditions, or to disapprove an application for a Planned Unit Development (PUD). (2) The DRB also has the authority to modify the Land Development Regulations in association with PUD review, subject to the standards and conditions for Planned Unit Development, as specified by PUD type under this Article, in support of more efficient, compact, walkable, and well‐planned forms of residential neighborhood, mixed use, and infill development, and the permanent conservation of resource lands and other open space. (a) In addition to modifications or waivers intended to accommodate site constraints under Section 15.A.01 of the subdivision regulations, this may include modifications of underlying zoning and subdivision regulations pertaining to blocks, building lots, building types, allowed densities of development, and the type and mix of allowed uses. (b) This may also include DRB review and approval of alternative forms of compliance with applicable PUD standards under Section 15.C.04. B. Purpose. The purpose of a Planned Unit Development (PUD) is to promote a more comprehensive, unified, and integrated form of planned development that may vary from the strict standards of underlying zoning and subdivision regulations, to achieve stated community goals and objectives in conformance with the Comprehensive Plan. Specifically, it is the intent under this Article to allow for types of planned development, in locations appropriate to each type, that: Promote the most efficient and cost‐effective use of land, infrastructure, facilities and services; Offer flexibility, within defined parameters, to best achieve the intended purpose, design and function of a PUD within the context of a particular site and its surroundings; Exclude or conserve, as determined by PUD Type, natural resources identified for protection under Article 12; Complement, connect, and fully integrate new development with adjoining neighborhoods, properties, and uses; Page 349 15.C‐2 South Burlington Land Development Regulations Foster more traditional forms of compact, walkable, pedestrian‐oriented residential neighborhoods and mixed‐use development; Incorporate a well‐integrated variety and mix of housing types and styles that serve a range of incomes, ages, and household sizes. Incorporate transit‐supportive types and densities of development along existing and planned transit routes; Encourage viable forms of compatible infill and redevelopment in previously developed areas of the City served by municipal water, wastewater, and stormwater management systems; and Provide opportunities for energy‐efficient development and redevelopment, including solar energy facility installations appropriate to the development context. 15.C.02 Applicability A._____Floating Zone. For purposes of these Regulations, a Planned Unit Development (PUD) is an unmapped overlay zoning district or “Floating Zone,” as allowed or required within an underlying zoning district, which is applied to a particular tract or parcel of land proposed for subdivision and development. A PUD is intended to function as a more flexible, design‐based zoning district in which conservation or form‐based design standards also apply to proposed development. Where PUD standards differ from underlying zoning district, site plan, or subdivision standards, PUD standards shall apply. B._____PUD Types. The following types of Planned Unit Development are authorized under these Regulations by Zoning District (Table 15.C.1), subject to the associated provisions and standards of review for each PUD type: (1) Conservation Development (CON) Section 15.C.05 (2) Traditional Neighborhood Development (TND) Section 15.C.06 C._____Required Planned Unit Development. PUD review and approval by the DRB under this Article is required for any subdivision and development of a tract or parcel with a total area of four (4) or more acres within any zoning district listed under Table 15.C‐1. D._____Elective Planned Unit Development. An applicant may elect PUD review, as allowed within specified zoning districts, for the subdivision and development of any tract or parcel of less than four (4) acres, that qualifies as: (1) A Conservation PUD under Subsection 15.C.05, in which fifty percent (50%) or more of the total tract area includes one or more Hazard or Level I Resource areas identified for protection under Article 12. Note! In return for the flexibility and increases in density afforded Planned Unit Development projects under this Article, it is expected that applicants and developers will adhere to higher standards of subdivision, site plan, and building design. Page 350 15.C‐3 South Burlington Land Development Regulations E._____PUD Type by Zoning District. The types of PUD allowed within an underlying zoning district are specified by district in Table 15.C‐1. Table 15.C‐1 PUD Types by Zoning District PUD Type Underlying Zoning Districts Conservation Development (CON) (1) R1‐PRD, R1‐Lakeshore, R1‐Lakeview, R2, Lakeshore, SEQ‐NR, SEQ‐NRT, SEQ‐NRN, SEQ‐VR, SEQ‐VC (2) A tract or parcel in any PUD‐allowed zoning district in which a minimum of 50% of the total tract or parcel area consists of Hazards and/or Level I Resources (see Section 15.C.05) Traditional Neighborhood Development (TND) R1‐PRD, R1‐Lakeview, R1‐Lakeshore, R2, R4, R7, Lakeshore, Allen Road, Swift Street, R7‐NC, SEQ‐VR, SEQ‐VC SEQ‐NR, SEQ‐NRN, SEQ‐NRT, only in association with a Conservation PUD, in a designated Development Area with a minimum Buildable Area of 4 acres (1) Planned Unit Development under this Article does not apply to subdivision and development within those zoning districts for which no PUD type is specified. In addition: (a) All PUD types are prohibited within any zoning district not listed in Table 15.C‐1; and (b) All PUD types are prohibited within the SEQ‐NRP Subdistrict; except for land on a tract or parcel within the SEQ‐NRP that is included for conservation within a Conservation PUD. (2) A Conservation PUD under Section 15.C.05 is required for the subdivision and development of a tract or parcel of four (4) or more acres within the following SEQ Sub‐Districts: SEQ‐NR, SEQ‐NRT, and SEQ‐NRN. A Conservation PUD is elective in other listed zoning districts; and in any zoning district in which PUDs are allowed, for tracts or parcels of two (2) or more acres in which fifty percent (50%) or more of the total tract or parcel area consists of Hazards or Level I Resources identified for protection under Article 12. (3) Where more than one PUD type is allowed within the underlying zoning district, the applicant may select the PUD type applicable to their project unless specifically stated otherwise. (4) A PUD that includes land in two or more underlying zoning districts must be an allowed PUD type in each zoning district. In association with Master Plan or PUD approval, the DRB may, within the area included in the PUD: Page 351 15.C‐4 South Burlington Land Development Regulations (a) Extend underlying district regulations, and associated PUD provisions, by up to fifty (50) feet in either direction of the zoning district line. (b) Require a designated “Transition Zone” under Subsection 15.C.04(E), within or along the district boundary or the delineated PUD perimeter, as necessary to mitigate the impacts of development on adjoining properties and uses. F._____Multiple PUDs. Multiple PUDs per tract may be allowed if the total tract acreage is sufficient to accommodate the minimum buildable or conservation acreage required for each PUD type. These may include different PUD types, as allowed within the underlying zoning district(s), to be developed in one or more phases as part of an integrated whole under an approved PUD Master Plan. 15.C.03 Planned Unit Development Review A. Combined Review. It is the intent of these regulations to establish a unified process for the review of a Planned Unit Development as a Major Subdivision under Article 15.A, and the provisions and standards specific to a Planned Unit Development under this Article. A PUD is therefore subject to Sketch Plan Review (15.A.05) and, as a Major Subdivision, Preliminary and Final Subdivision Review (15.A.06, 15.A.07), and PUD standards under this Article, as provided below. (1) A Master Plan under Article 15.B, submitted prior to or in association with Preliminary Subdivision Review under 15.A.06, is also required for a Planned Unit Development. A PUD Master Plan submitted for review under Article 15.B must comply with applicable PUD standards under this Article. (a) The DRB may waive Master Plan Review for a PUD of less than four (4) acres, to be developed in a single phase of no more than three (3) years. (b) At applicant request, PUD Master Plan review by the DRB under Article 15.B for the entire PUD may be combined with Preliminary Subdivision Review under Section 15.A.06 for one or more phases of development, if the application requirements and standards for each type of review are met. (c) In its approval of a PUD Master Plan, the DRB shall specify the level of review, and review processes required for subsequent applications filed under the PUD Master Plan as required under Section 15.B.06. As stated in its decision, the DRB may waive preliminary subdivision approval for specified phases or portions of the PUD. (d) The DRB may also agree to combine Preliminary with Final Subdivision Review for one or more phases of PUD development where a PUD Master Plan has been previously approved and is in effect, or no Master Plan review is required. B._____Application Requirements. Page 352 15.C‐5 South Burlington Land Development Regulations (1) A PUD application may involve one or more contiguous properties under single or multiple ownership, if incorporated under a common PUD application; however, all properties must come under the direct control of the applicant or developer as required for subsequent permitting and development. (2) In addition to Preliminary Subdivision and Master Plan Review submission requirements under Sections 15.A.06 and 15.B.04, the application for a proposed PUD must include the following: (a) A statement and description of PUD conformance with the City’s Comprehensive Plan in effect at the time of application, including applicable land use, development, and infrastructure policies specific to the area proposed for development. (b) Documentation of project conformance with any proposed, previously approved or amended Master Plan for the PUD in effect at the time of application. (c) A statement and description of project conformance with the description, intent, and defining characteristics of the PUD type(s) proposed. (d) A statement and description of how the proposed PUD complies with the design standards specific to the selected PUD type(s). (e) A list and description of requested modifications, waivers, or other forms of relief from the strict standards of these Regulations sought through PUD review, including applicable zoning district, subdivision, site plan, or PUD standards and associated mitigation measures; including any proposed alternative forms of compliance under Section 15.C.04. 15.C.04 General PUD Standards A._____Conformance with the Comprehensive Plan. The proposed PUD must conform to the City’s Comprehensive Plan in effect at the time of application. Conformance with the plan in this context means that the proposed PUD must: (1) Advance any clearly stated plan policies and objectives specific to the type and location of the proposed development; (2) Incorporate preferred settlement patterns, including future land uses, densities and intensities of development referenced in the land use plan, as implemented through planned unit development provisions specific to each PUD type. (3) Incorporate, as applicable, planned facilities, services and infrastructure identified in the utilities and facilities plan, as implemented under the City’s adopted Capital Improvement Program (CIP) and Official Map. Page 353 15.C‐6 South Burlington Land Development Regulations B._____Conformance with the Master Plan. Each phase of a PUD developed in one or more phases must conform to the PUD Master Plan, as approved or amended by the DRB under Article 15.B, including the approved development plan, phasing schedule, buildout budget, management plan, and any associated development agreements or conditions of master plan approval. C._____Compliance with Regulations. The provisions and standards specific to a PUD under this Article supersede underlying zoning district, subdivision, and site plan standards. In no case, however, shall the provisions or standards specific to a PUD supersede the Environmental Protection Standards of Article 12. (1) A PUD must comply with any applicable provision or standard under these Regulations that is not superseded, modified, or waived by the DRB in association with PUD review. (2) A PUD must also comply with other applicable city ordinances and regulations listed under Section 15.A.11(C) in effect at the time of application, including the following, unless modified or waived by the DRB in consultation with city or state officials having shared jurisdiction. (a) Official Map. The PUD must incorporate planned public facilities and capital improvements included in the City’s adopted Official Map and Capital Improvement Program (CIP) in effect at the time of application, unless modified or waived by the DRB. (b) Impact Fees. Development within the PUD is also subject to impact fees enacted and levied under the City’s impact fee ordinance; however, tif the applicant or a subsequent developer is required, in association with PUD approval, to provide land or to construct a facility explicitly included in the calculation of an impact fee, they may then receive credit against the impact fee in an amount equal to the value of the dedicated land or cost of construction. (3) Alternative Compliance. One or more PUD dimensional and design standards under this Article may be modified at applicant request for an alternative form of compliance, subject to separate DRB review and approval, to provide the flexibility necessary to address unique site conditions or constraints; to enable compatibility with existing or planned development in the vicinity; or to allow for exceptional and innovative design. Note that alternative compliance does not constitute an exemption from a PUD standard. Allowed modifications include proposed functional or design alternatives that may be considered in place of a specific requirement under this Article, only if the intent of the requirement is met or exceeded. In approving a request for alternative compliance, the DRB must find that the proposed alternative: (a) Conforms to the intent, description, and defining characteristics of the selected PUD type(s); (b) Achieves the intent of the PUD standard to be modified; (c) Results in development that is equivalent or demonstrably superior in function, design, and quality to that required under the standard to be modified; and (d) Does not adversely impact properties, uses or facilities within, adjacent to, or in the vicinity of the planned development (e.g., regarding walkability, traffic, parking, drainage). Page 354 15.C‐7 South Burlington Land Development Regulations The DRB in approving an alternative form of compliance may attach conditions as necessary to ensure compliance, or to mitigate any adverse impacts resulting from a proposed alternative. D._____Development Density. (1) Intent. A Planned Unit Development is intended to accommodate within a designated Development Area typically higher effective densities of development than the underlying zoning district may allow, as necessary to accommodate: (a) The clustering of development to conserve resources identified for protection; (b) A more efficient and cost‐effective use of land, facilities, services, and infrastructure; (c) Densities that support a walkable, pedestrian‐oriented pattern of development; or (d) Transit‐supportive densities of development along existing and planned transit routes. (2) Within a PUD, the overall density and intensity of development shall be determined based on the total Buildable Area included within designated Development Areas, as shown on the PUD Master Plan; and land use allocations, PUD density and dimensional standards, and allowed building types and standards as specified by PUD type. (3) Buildable Area. The “Buildable Area” within a PUD is as defined under 15.A.11(2) to include the total tract area, less the area occupied by the following physical and legal site limitations or constraints: (a) Known Hazards, as defined and regulated under Article 12, including Floodplain overlay districts A, AE, A1‐30, and 0.2% B2, River Corridors except those along intermittent streams, Very Steep Slopes, Class I and Class II wetland and associated buffers. (b) The area occupied by Level I Natural Resources, as defined and regulated under Article 12, including the Habitat Block Overlay District and Habitat Connector Overlay District; (c) Existing and planned street and railroad rights‐of‐way; and (d) Transmission line corridors or easements Transmission line corridors, except upon request of the applicant that it be designated as Buildable Area. (4) Land Use Allocations. The Land Use Allocation is defined as the minimum percentage of Buildable Area within one or more designated Development Areas, that must be allocated to a particular category of land use, as indicated on the PUD Master Plan and delineated on preliminary and final subdivision plans. These include the following use categories, as specified by PUD type: (a) Residential – intended to accommodate allowed residential uses, including a variety and mix of housing types, associated building lots, and onsite or shared residential parking areas. (b) Mixed Use – intended to accommodate a mix of compatible residential and nonresidential uses and building types, associated building lots, onsite parking areas and separately designated principal or shared parking lots or facilities serving the development. Page 355 15.C‐8 South Burlington Land Development Regulations (c) Civic Space – intended to accommodate one or more civic spaces, including associated civic space lots and parking areas. (d) Resource Land – intended to accommodate Hazards and Level I Resources regulated under Article 12, and other natural or open space areas included within delineated Conservation Areas or conservation lots. (e) Unallocated – intended for allocation by the applicant under one or more of the above use categories as allowed by PUD type, to provide some flexibility in determining the overall mix of proposed development. This may also be designated on the PUD Master Plan as unallocated “Reserved” land subject to reallocation under an approved master plan amendment. (5) Minimum (Base) Density. To ensure densities of development that support the efficient use of land and infrastructure, walkability, and transit‐supportive development within a PUD, the following minimum residential densities of development (Base Density), expressed as the minimum number of dwelling units per acre of Buildable Area, apply within designated Development Areas proposed for residential or mixed use development, unless otherwise specified by PUD type: (i) The minimum (base) density of residential development within a designated Residential or Mixed Use Area, as specified by PUD Type, represents the minimum number of dwelling units per acre (DU/A) that is either required or allowed by right under these Regulations, over one or more phases of development under an approved PUD Master Plan. (ii) The required minimum (base) residential density within a designated Residential Area is four dwelling units per acre (4 DU/A) or the maximum residential density allowed within the underlying zoning district, whichever is greater, except within a Southeast Quadrant (SEQ) sub‐district. In the SEQ, the minimum (base) residential density is 4 DU/A. (iii) Within a designated Mixed Use Area, or within ½‐mile of a transit route as shown on Overlay District Map 2, the required residential base density is eight dwelling units per acre (8 DU/A) or the maximum residential density allowed within the underlying zoning district, whichever is greater. (iv) The residential base density may also vary by subzone, as specified by PUD type, in association with allowed housing types within that subzone. (v) Accessory Dwelling Units (ADUs) shall not be included in the calculation of residential base density or the minimum number of required dwelling units (residential yield). (vi) The minimum number of dwelling units required or allowed by right (residential yield) within a designated Residential or Mixed Use area, excluding ADUs, may be calculated as: Total Buildable Area (A) x Land Allocation (%) x Base Density (DU/A) = Min DUs (#) Page 356 15.C‐9 South Burlington Land Development Regulations (b) The DRB may allow for an increase in the overall density of residential development within a designated Residential or Mixed Use area, for example through adjustments or modifications to the required housing mix, allowed housing types, or associated building lot or height standards, as necessary to accommodate the following: (i) The purchase and transfer of development rights from land within the SEQ‐NRP or SEQ‐NRT Subdistrict (Section 9.05 Transfer of Development Rights). (ii) The incorporation of offset housing units under inclusionary zoning (Section 18.01 Inclusionary Zoning). (iii) The incorporation of additional housing units awarded as an incentive for affordable housing development under Section 18.01 Inclusionary Zoning). (iv) The transfer of residential development density within a Conservation PUD from Level I and other resource or open space areas identified for protection that are included in a designated Conservation Area. (c) Nonresidential Base Density. There is no minimum (base) density or intensity requirement for nonresidential development within a designated Development Area. (d) Maximum Development Density. The maximum development density allowed within any PUD except a Conservation PUD shall be determined based on the total buildable area, proposed land use allocations by use category, the allowed mix of building types, and associated building lot standards as specified by PUD type. (i) Within a Conservation PUD the maximum residential development density within the designated Development Area shall be capped as specified by zoning district under Section 15.C.05. E._____Transition Zone. A PUD may also incorporate one or more transition zones along PUD or property boundaries, as indicated on the PUD Master Plan and delineated on preliminary and final subdivision plans, to include the minimum land area necessary to either extend and integrate compatible, complementary forms of planned development, or to separate and buffer conflicting, incompatible forms of planned development, in relation to existing and planned development in the vicinity of the PUD. (a) The “Transition Area” for purposes of analysis, must at minimum incorporate the prevalent pattern of development directly adjacent to and within the vicinity of the PUD, including the relative layout, type and density of existing and planned development (e.g., street, block and lot configurations, building placement and height); existing and planned transportation and infrastructure connections; traffic patterns; public facilities and services; and civic space, resource land and other designated open space areas located within one‐quarter to one‐half mile of PUD boundaries, depending on the development context. Page 357 15.C‐10 South Burlington Land Development Regulations (b) Acceptable design techniques and modifications applied within a Transition Zone, subject to DRB review and approval, include but may not be limited to: (i) Avoiding incompatible land uses along PUD boundaries, for example by ensuring that similar, or compatible, complementary uses are located on facing blocks or lots, and incompatible uses abut rear lot lines or are otherwise separated by buffers or open space. (ii) Using existing natural features, such as changes in topography, waterways, or tree stands to visually screen or functionally separate different forms and intensities of development. (iii) Modifying street and block dimensions and standards as necessary to connect with or to extend adjoining street, block, and path networks. (iv) Using streets and streetscape elements to visually define transitions and to functionally integrate or separate different forms and intensities of development. (v) Matching the relative density or intensity of adjoining development along PUD boundaries by adjusting or averaging lot dimensions (frontage, depth); building orientation and spacing (front, side setbacks); or building height (step downs, upper floor step backs) within the transition zone. (vi) Introducing and designing civic or other open space areas (e.g., greenbelts, parks, greens, squares, or plazas) to visually define transition areas, and to functionally integrate or separate different forms and intensities of development. (vii) Incorporating greenbelts or vegetative buffers and screening of sufficient width and density to visually and functionally separate incompatible forms and intensities of development. F._____Allowed Uses. Allowed uses within a PUD, unless otherwise expressly allowed or prohibited by PUD type, include any use listed in Appendix C as a permitted or conditional use in the underlying zoning district(s) that can be accommodated within, or in association with, designated land use allocations and allowed building types. (1) Conditional uses allowed within the underlying zoning district shall be considered permitted uses within a PUD. Separate conditional use review and approval shall not be required. (2) Given the emphasis on compact, walkable forms of residential and mixed use development within a PUD, auto‐oriented uses, building types, and facilities, including uses that require expansive onsite parking, are generally precluded from locating within a PUD, unless specifically designed to emphasize a pedestrian scale and orientation of development fronting on and accessed from the adjacent street, for example by locating shared parking facilities to the rear of the building, as accessed from a side street. New drive‐through facilities are prohibited from locating within a PUD. Page 358 15.C‐11 South Burlington Land Development Regulations G._____ PUD Dimensional Standards. PUD dimensional standards, where applicable by PUD type, define a range of block, lot, and building height dimensions which are intended to provide, within defined parameters, some flexibility in the overall pattern of development specific to each type. Where PUD standards vary from associated building type standards, the upper and lower PUD dimensional limits (maximum and minimum) limits shall apply. H._____Street, Building, and Civic Space Types. Where applicable, PUD types include a list of allowed “types” of development, representing the key elements or components necessary to support and achieve the desired form, density and mix of development specific to that PUD type. These include allowed: (1) Street Types, and associated street standards, under Article 11.A; (2) Civic Space Types, and associated civic space and lot standards, under Article 11.B; and (3) Building Types, and associated building and building lot standards, under Article 11.C. I._____Solar Siting Preferences. Applicants are encouraged to incorporate renewable energy facilities, and in particular roof‐ or ground‐mounted solar energy facilities that are compatible with PUD layout and design, as specified by PUD type. Any areas reserved for ground mounted solar installations serving the development must be indicated on the PUD Master Plan and depicted on preliminary and final subdivision plans. J._____PUD Design Standards. A proposed PUD must also incorporate and comply with design standards specific to that PUD type, except as allowed in association with a form of Alternate Compliance approved by the DRB under 15.C.04(C). Page 359 15.C.05-1 15.C.05 Conservation Development A.____Description. A Conservation PUD (CON PUD) is a type of planned development intended to permanently conserve natural resource and other open space areas identified by the City for protection in conformance with the Comprehensive Plan, and supplemental open space plans and resource inventories; while also allowing for compatible, clustered forms of land subdivision and development on a portion of the tract or parcel to be conserved. The primary objective of this PUD type is to conserve large or contiguous tracts of open space in one or more designated “Conservation Areas” while allowing for the transfer of development density from these areas to a designated “Development Area,” delineated to exclude adjacent Conservation Areas, as shown on the PUD Master Plan. Flexibility is provided as necessary to site and cluster new development within the Development Area, at densities that support walkable residential and mixed use neighborhoods, in relation to available buildable acreage and infrastructure capacity within the Development Area. B.____Purpose. More specifically, the purposes of a Conservation PUD are to: • Conserve the City’s most significant natural resources and open spaces, including Level I resources identified by the City for protection under Article 12, and other valued natural and open space resources identified on the tract or parcel to be developed. • Contribute to a linked network of permanently protected open spaces and greenways throughout the City. • Protect public health, safety, and welfare by avoiding land subdivision and development within Hazard Areas regulated under Article 12, including floodplains, river corridors, wetlands, and very steep slopes. • Provide for sustainable long-term resource management, and compatible forms of outdoor recreation, within designated Conservation Areas. • Maintain the overall development capacity of the tract or parcel through the transfer of development density within the PUD, from one or more Conservation Areas to a designated Development Area. • Make more efficient use of available land and infrastructure capacity within the designated Development Area as necessary to accommodate and support higher densities of development. • Provide flexibility in subdivision layout and design within the designated Development Area to promote a more compact, clustered form of development that creates walkable, pedestrian- friendly neighborhoods, incorporates a mix and variety of housing types, and reduces the extent and cost of supporting infrastructure. C.____Applicability. A Conservation PUD is an allowed PUD type within underlying zoning districts listed in Table 15.C-1. (1) A Conservation PUD is required for the subdivision and development of a tract or parcel of four (4) or more acres within the following Southeast Quadrant Sub-Districts, as shown on the map entitled “Official Zoning Map”: SEQ -NR, SEQ-NRT, and SEQ-NRN. Page 360 15.C.05-2 (a) Within these SEQ Sub-districts, for a tract or parcel in existence as of the effective date of these Regulations [date] that is more than four (4) acres in total area; one “carve out” of no more than two (2) acres under applicable subdivision and zoning district regulations may be allowed before a Conservation PUD will be required, as long as the remaining, retained tract or parcel within one or more of the above-listed sub-districts is a minimum of four (4) acres, as required for subsequent development as a Conservation PUD. (b) A Conservation PUD is not required for the subdivision of land within these sub-districts solely for the purpose of transferring land or interests in land to be conserved under separate ownership. (2) A Conservation PUD is specifically prohibited on a tract or parcel located entirely within the SEQ-NRP Sub-district; and is not required for the subdivision or development of parcels in this sub- district that meet the requirements of Section 9.12. (3) A Conservation PUD is an elective PUD Type: (a) Within other underlying zoning districts listed for this PUD type under Table 15.C-1; and (b) In any other underlying zoning district that allows for Planned Unit Development, for any tract or parcel of two (2) or more acres in which a minimum of 50% of the total tract or parcel area consists of Hazards and/or Level I Resources identified for protection under Article 12. (4) A Conservation PUD may incorporate or be proposed in association with another PUD type allowed within the underlying zoning district or sub-district (e.g., a TND) if the total tract or parcel acreage is sufficient to meet minimum Conservation and Buildable Area acreage requirements for each PUD type. D._____Context. For planning and design purposes, the Conservation PUD planning area must at minimum include all existing Hazards, Level I Resources, and Level II Resources; other potential open space areas identified through site investigation; and all streets, paths, lots, buildings, uses, and supporting infrastructure located within ¼-mile of the tract or parcel to be conserved and developed, or within ½- mile of the tract or parcel if located on an existing or planned transit route, as measured from the property line or delineated PUD boundary. E._____Conservation PUD Sub-Zones. A Conservation PUD must include the following Sub-Zones, as designated on the PUD Master Plan, and as more specifically identified and delineated on preliminary and final subdivision plans and plats: (1) Conservation Area. A Conservation PUD must include one or more designated “Conservation Areas” which at minimum comprise 70% of the total tract or parcel area; and which, to the maximum extent physically feasible, are contiguous or linked to resource or other open space areas located on adjacent parcels or in the immediate vicinity of the proposed PUD. (a) The designated Conservation Area(s) must include and incorporate: Page 361 15.C.05-3 (i) Hazards, as defined and regulated under Article 12 (Table 12-01) which, as unbuildable land, are not eligible for or subject to the transfer of development density. (ii) Level I Resources, as defined and regulated under Article 12 (Table 12-01) which, within a Conservation PUD, are eligible for and subject to the transfer of development rights. In meeting the minimum 70% allocation requirement, Level I Resources are to be given priority for inclusion within a designated Conservation Area. (iii) Other locally identified natural or open space resource areas present on the tract or parcel, as necessary to meet the minimum 70% allocation requirement. These may include: • Level II Resources, as defined and regulated under Article 12; • Additional buffer areas around Hazards, or Level I, or Level II Resources. • Arable farmland, including primary agricultural soils, existing farm fields, open meadowland, and cultivated or managed pasture and grassland. • Significant natural communities, including habitat supporting rare, threatened, and endangered plant and animal species. • Woodland or mature tree stands located outside of Habitat Blocks and Habitat Connectors regulated under Article 12. • Scenic gateways, views, and viewsheds present on site. • Historic sites, structures, and landscape features present on site. • Other open space areas identified for consideration in the City’s Comprehensive Plan, supplemental open space plans and resource inventories, or through local site investigation. (b) In the SEQ District, a Conservation Area may also include and incorporate a portion of the tract or parcel located within the SEQ-NRP Sub-District, as eligible for the transfer of development rights either within the Conservation PUD, or to another designated receiving area under Section 9.05 (Transfer of Development Rights). (c) A designated Conservation Area may include restricted infrastructure encroachments only as may be allowed, subject to DRB review and approval, under Article 12. These areas cannot be counted toward meeting the minimum 70% resource allocation requirement (see Subsection (J) below). (d) The Conservation Area(s) must be identified on the PUD Master Plan, and shown and noted as a “Conservation Lot” on preliminary and final subdivision plats, and in associated deeds and association agreements, as undivided, permanently protected Open Space to be managed and maintained in single or common ownership under an Open Space Plan approved by the DRB. Options to ensure permanent protection and sustainable long-term management of conserved resources include: Page 362 15.C.05-4 (i) A conservation easement that prohibits future subdivision and development, and defines the range of permitted activities, to be held by the City or a qualified nonprofit organization acceptable to the DRB and City Attorney, such as a land trust or conservancy; or (ii) Dedication of land in fee simple to the City, or a qualified nonprofit conservation organization acceptable to the DRB and City Attorney. (e) Future subdivision and development within the designated Conservation Area shall be prohibited, as noted on the recorded subdivision plat. (f) The Open Space Plan and Conservation Easement required in association with Conservation Area designation must be prepared by or in consultation with a qualified professional, such as a conservation biologist, wildlife biologist, or forester, with demonstrated expertise in the sustainable, long-term management of those resources identified for protection. The Open Space Plan at minimum must identify and describe: (i) Delineated Hazards, Level I and II Resources, and other open space resources identified for protection within the Conservation Area(s), including their relationship to open space areas on adjoining parcels, and in the immediate vicinity of the proposed PUD; (ii) The entity or entities responsible for the stewardship and management of resources within the Conservation Area, in compliance with the terms of PUD subdivision approval and conservation easements; (iii) The intended use and proposed long-term management of each delineated hazard or resource area included in the Conservation Area(s); in accordance with relevant environmental protection standards under Article 12, accepted management practices, and proposed maintenance schedules; (iv) Any proposed encroachments, or resource-compatible uses or activities proposed within the designated Conservation Area(s); and (v) Proposed measures necessary to minimize and mitigate the adverse impacts of proposed uses or encroachments on protected resources. (g) Conservation Area boundaries must be clearly and permanently marked in the field with signage approved by the DRB that identifies the area(s) as protected open space, at minimum as required for protected resources under Article 12. (2) Development Area. A Conservation PUD must also include a designated “Development Area” that excludes the Conservation Area(s), represents no more that 30% of the total tract or parcel area, fronts on, or is directly accessible from the existing street network, and which has the buildable area and infrastructure capacity necessary to also accommodate development density transferred from the adjoining Conservation Area(s). Page 363 15.C.05-5 (a) The Development Area must be located adjacent or proximate to existing or planned municipal transportation, water supply, and wastewater infrastructure and, to the maximum extent physically feasible, to existing or planned development in the immediate vicinity. (b) The Development Area must be sited and delineated to minimize allowed (restricted) encroachments under Article 12 within the designated Conservation Area(s). (c) Within the SEQ District, no Development Area may be located within the NRP Sub-District. (d) The Development Area must be able to accommodate a concentrated, clustered form of residential or mixed use development that is consistent and compatible with the overall type and density of development allowed within the underlying zoning district(s); but which may incorporate a higher effective density of development as necessary to also accommodate development rights transferred from the Conservation Area(s) on the tract or parcel. (e) Alternatively, a Development Area may incorporate or consist of another, associated PUD Type, such as a TND, as allowed within the underlying zoning district or sub-district, if there is sufficient Buildable Area to meet minimum PUD standards, including land use allocation standards specific to that PUD type, and to accommodate the development rights transferred from associated Conservation Areas. (3) Buffer Area. A Conservation PUD may incorporate one or more Transition Zones under 15.C.04(E) and the requirements of this subsection, as a designated Buffer Area between designated Conservation and Development Areas, or between a proposed Conservation Area and existing or planned development on adjoining properties, as necessary to separate incompatible uses (such as a residential neighborhood from an active farming operation), or to avoid, or to minimize and mitigate, the adverse impacts of development on conserved resources and open space. (a) For purposes of tract area allocation and residential density calculations under this Section, the land area within a Buffer Area shall be included as part of the total land area included in the designated Development Area. F._____Residential Density and Unit (Yield) Calculations. Notwithstanding PUD residential density provisions under Section 15.C.04, for a Conservation PUD: (1) As an offset for required open space protection, the residential development density applicable within the underlying zoning district may be applied to the total tract or parcel area, less the area included in Hazards, for transfer to and application within the designated Development Area. This establishes the number of Assigned Housing Units allowed by right within the designated Development Area. (2) The number of Assigned Housing Units (excluding accessory dwelling units), is determined as follows: Assigned Housing Units = (Total Tract Area – Hazards Area) x Zoning District Base Density (DU/A) Page 364 15.C.05-6 The Effective (calculated) Residential Density within the designated Development Area can then be determined based on the total Developable Area within the designated Development Area. (3) Supplemental Housing Units. Additional, supplemental housing units are allowed by right or may be included within the designated Development Area as necessary to achieve the Minimum Density of residential development required under (4) below; or to achieve the Maximum Residential Density allowed by zoning district under (5). Supplemental Housing Units include: (a) Offset housing units granted by right for any required Inclusionary Dwelling units pursuant to Section 18.01; (b) Bonus housing units awarded for the provision of additional affordable housing pursuant to Section 18.01; and (c) Housing units associated with the transfer and purchase of development rights (Section 9.05). An applicant electing not to apply Supplemental Housing Units must meet the Minimum (Base) Residential Density for each proposed phase of development, and may reserve land in future phases in the Master Plan to apply Supplemental Residential Units if applicable if they elect not apply/include them initially. (4) Efficient Land Use; Minimum (Base) Residential Density Accommodated in Residential and Mixed-Use Zoning Districts. To ensure an efficient, compact, form of neighborhood or mixed use development, to include a mix and variety of housing types, the Development Area must be designed to accommodate a minimum (base) density of four dwelling units per acre (4 DU/A), to include both assigned housing units under (2), and any supplemental units under (3) needed to meet this minimum density requirement. Development may be proposed over multiple phases in the Master Plan, and may include a reserved phase illustrating only the ability to meet the minimum (base) density with no planned schedule, timing, and sequence. Subdivision and development within each phase, however, shall equal the minimum (base) density of this subsection. (a) The Development Review Board may grant a reduction or waiver of this minimum accommodated density where an applicant demonstrates that the Development Area has a lack of available public infrastructure in the vicinity of the Development Area and physical site constraints precluding on-site infrastructure which together make the Development Area not capable of achieving the minimum accommodated density. Example: Total Tract Area = 20 Acres, Hazards = 1.5 Acres, District Density =1.2 DU/Acre Assigned Units (Yield) = (20 A -1.5 A) x 1.2 DU/A = 22.2 or 22 Dwelling Units Development Area = 30% Tract Area (max) = 0.3 x 20 A = 6 Acres Effective Residential Density in Development Area = 22 DU/6.0 A or 3.67 DU/Acre Page 365 15.C.05-7 (b) If the designated Development Area has the minimum Buildable Area needed to accommodate another PUD Type allowed within the underlying zoning district or subdistrict, (such as a TND), the effective residential density within the Development Area at buildout, to be achieved over one or more phases of development under an approved PUD Master Plan, must equal the minimum (base) density specified for that PUD Type, to include assigned housing units allowed by right under (2). (5) Maximum Residential Density. The maximum effective residential density, calculated to include both assigned and supplemental housing units within the Development Area of a Conservation PUD, may be determined in one of two ways, as applicable: (a) Zoning District. If based only on the underlying zoning district, the maximum effective residential density within the Development Area is established as follows: • In all eligible Southeast Quadrant sub-districts and R1 Districts, the maximum is six dwelling units per acre (6 DU/A). • In all other districts: the maximum is one-point-five (1.5) times the Assigned Housing Units. Page 366 15.C.05-8 (b) Associated PUD Type. If the designated Development Area has the minimum Buildable Area needed to accommodate another PUD Type allowed within the underlying zoning district or subdistrict, such as a TND, the maximum Residential Density within the Development Area is established by the PUD Type. G. Allowed Uses. (1) Development Area. Any use allowed as permitted or conditional use in the underlying zoning district is allowed as a permitted use within the designated Development Area of a Conservation PUD. Separate conditional use review or permits shall not be required. (2) Conservation Area(s). Within the designated Conservation Area allowed uses may include: Example 1: Total Tract Area = 20 Acres, Hazards = 1.5 Acres, SEQ District Density =1.2 DU/Acre Assigned Units (Yield) = (20 A -1.5 A) x 1.2 DU/A = 22.2 or 22 Dwelling Units Development Area = 30% Tract Area (max) = 0.3 x 20 A = 6 Acres Maximum Residential Density within Development Area = 6 units per acre Development Area x Maximum Residential Density = 6 acres x 6 DU/A = 36 units Supplemental Housing Units: Minimum Inclusionary (ownership) = 10%, 2 dwelling units (of the Assigned 22 DUs) Offset dwelling units = 2 x inclusionary = 4 dwelling units Additional dwelling units which can be provided via affordable housing bonus (Section 18.01) or purchase of TDRs = 10 dwelling units Example 2: Total Tract Area = 20 Acres, Hazards = 1.5 Acres, R2 District Density = 2 DU/Acre Assigned Units (Yield) = (20 A -1.5 A) x 2 DU/A = 37 Dwelling Units Development Area = 30% Tract Area (max) = 0.3 x 20 A = 6 Acres Maximum Residential Density within Development Area = 37 DU x 1.5 = 55 units Supplemental Housing Units: Minimum Inclusionary (ownership) = 10%, 3 dwelling units (of the Assigned 22 DUs) Offset dwelling units = 2 x inclusionary = 6 dwelling units Additional dwelling units which can be provided via affordable housing bonus (Section 18.01) = 12 dwelling units Page 367 15.C.05-9 (a) Only those uses, structures, or restricted encroachments allowed within Hazards and Resource Areas, as specified under Article 12, subject to separate DRB review and approval under associated environmental protection standards; and (b) Resource-compatible activities or uses necessary for the sustainable, long-term use and management of protected resources, as specified in the Open Space Plan approved by the DRB under Subsection E above. H. Conservation PUD Dimensional Standards. (1) Subdivision standards under Article 15.A and zoning district dimensional standards under Appendix C as generally applicable to the tract or parcel, including block, building lot, height, setback, and coverage standards, may be modified or reduced by the DRB within the designated Development Area of a Conservation PUD as necessary to accommodate the transfer of development density, and to allow for a more compact, walkable, and efficient form of development. In approving modifications or reductions in required dimensional standards, the DRB must find that within the designated Development Area: (a) There is sufficient Buildable Area and existing or planned infrastructure capacity available to support the type, form, and density of proposed development; and (b) The modifications or reductions in required dimensional standards will result in a more compact, walkable, and efficient form of residential neighborhood or mixed use development within the designated Development Area. (2) However, within a Conservation PUD that incorporates another PUD type as the designated Development Area under 15.C.05(E) above, the dimensional standards for that PUD type, which may also vary by building type, shall apply within the designated Development Area. I. Conservation PUD Design Process. The following steps must be followed, in order, in the subdivision, layout, and design of a Conservation PUD, as documented in association with the development of the PUD Master Plan: (a) Conservation Area(s). Identify and delineate one or more designated Conservation Areas on the tract or parcel to be protected, as described under Subsection (E) above, to include delineated Hazard, Level I Resource Areas, and Level II Resource Areas, and other open space areas needed to meet the minimum 70% allocation requirement. (b) Development Area. Identify and delineate the designated Development Area, as described under Subsection (E) above, to exclude the designated Conservation Area(s), and to include proposed streets, blocks, building and civic space lots, designated parking areas and supporting infrastructure easements or rights-of-way. (c) Buffer Area. Identify and delineate one or more Buffer (Transition) Areas between designated Conservation and Development Areas, as described under Subsection E, as necessary Page 368 15.C.05-10 to separate incompatible land uses and forms of development; or to avoid, or where allowed, to minimize and mitigate the adverse impacts of development, including allowed encroachments, on resources and open space areas identified for protection. J. Conservation PUD Design Standards. The applicant for a Conservation PUD must demonstrate how the PUD is consistent with the stated description and purpose a Conservation PUD under 15.C.05(A)- (B) above; and the following Conservation PUD Design Standards, as indicated in the Conservation PUD Master Plan, and incorporated on preliminary and final subdivision plans. (1) The Development Review Board may modify a standard under this Subsection only as follows, or in association with an accepted form of Alternative Compliance under 15.C.04(C). (a) The DRB may modify a standard under this subsection within a designated Conservation or Buffer Area only as necessary to accommodate allowed uses and encroachments, or to provide for limited access and connectivity within protected resource areas, subject to separate DRB review and findings under Article 12. (b) The DRB may modify a standard under this subsection within a designated Development Area only as necessary to accommodate the required minimum accommodated density of development, including development rights transferred from the Conservation Area. (c) Any proposed form of Alternative Compliance under a Conservation PUD design standard must clearly achieve the intent of standard to be modified, as required under Section 15.C.04(C). (2) Conservation Area Design Standards. (a) Open Space Context. The Conservation Area(s) shown on the PUD Master Plan, and associated Conservation Lots delineated on preliminary and final subdivision plans, to the extent physically feasible must be configured to include the acreage and means of access necessary to allow for intended use, and for the sustainable long-term management of resources identified for protection. (i) For managed agricultural or forest land retained in private ownership, the allocated acreage should be sufficient to qualify for parcel enrollment in the state’s Use Value Appraisal (Current Use) Program. (b) Contiguity. As necessary to minimize the fragmentation of open space resources, and to establish or maintain an interconnected network of open space in the City, Conservation Area(s) must be sited and configured to the extent physically feasible to: (i) Maintain contiguous open space by extending, or by connecting via existing or planned greenways, buffer areas, or Habitat Connectors, open space areas located on the PUD tract or parcel, on adjoining parcels and, where feasible, in the immediate vicinity of the proposed PUD; and to Page 369 15.C.05-11 (ii) Avoid further land subdivision, development, and physical encroachments, such as connecting streets, driveways, or utility corridors, within the adjoining Conservation Area(s), except as provided for and regulated under Article 12; and to (iii) Provide for the extension of existing and planned recreation path or trail networks, including such facilities shown on the City’s Official Map, within designated greenways, buffer areas, or trail corridors sited to avoid Hazards, and to minimize adverse impacts to Level I, Level II, and other protected open space resources identified on site, and on adjoining parcels. (c) Access. Vehicle access to or within a Conservation Area is limited to that required in support of long-term resource management, for example to accommodate vehicles, equipment, and machinery used in resource maintenance and management; and to access allowed uses identified in the Open Space Plan, such as passive outdoor recreational use. (i) A dedicated access road or driveway serving the Conservation Area, separate from that provided for development within the Development Area, may be required as necessary to ensure access for long-term resource management and public safety. (ii) Access points to the Conservation Area must be clearly identified on plans and plats; and posted with permanent signage identifying the Conservation Area and indicating allowed uses. (d) Infrastructure and Utilities. The following infrastructure and utilities, as necessary to meet City ordinance requirements, clearly stated Comprehensive Plan objectives, or to serve the adjoining Development Area, may be sited within the designated Conservation Area(s), as shown on the PUD Master Plan, only in a manner that either avoids, or minimizes and mitigates adverse impacts to protected resources; however the acreage associated with these facilities shall not be counted toward meeting the minimum 70% allocation requirement: (i) Ground-mounted solar arrays; (ii) Designated parking areas needed to serve intended uses within the Conservation Area; (iii) Stormwater management facilities, including infiltration and retention ponds; (iv) Water supply and wastewater system infrastructure, including well shields or disposal fields; or (v) Other infrastructure or utilities included on the City’s Official Map; or which are determined by the DRB to be necessary to support adjoining development and which cannot be sited within the Designated Development Area. (e) Landscaping and Screening. Vegetative buffers, landscaping, and fencing must be provided as necessary to physically and visually separate protected resources within the Conservation Area from development on adjoining properties, in a manner that is aesthetically compatible with the surrounding landscape. Page 370 15.C.05-12 (i) Fencing that would impede wildlife movement is prohibited within the Conservation Area. Fencing bordering or located within the Conservation Area must comply with fencing requirements under Article 12, and Section 13.11 (Fences) of these Regulations. (ii) Fencing within the Conservation Area must consist of natural materials; except for fencing associated with an agricultural use. Any chain link fencing installed for such purposes must be plastic coated in either dark green or black. (3) Development Area Design Standards. (a) Development Context. Land subdivision and development within the Development Area of a Conservation PUD must define an efficient, compact, walkable and pedestrian-friendly form of residential neighborhood or mixed use development that is: (i) Consistent with zoning district or associated PUD type standards, including relevant purpose statements, allowed uses, building types where applicable, and dimensional standards as may be modified or reduced under Subsection (H) above. (ii) Compatible with planned development in the area, as specified in the Comprehensive Plan and zoning or PUD purpose statements, to include similar or complementary uses and patterns of land subdivision and development. (iii) Set back and buffered from incompatible uses and forms of development on abutting parcels; and from the delineated Conservation Area, as necessary to avoid or to minimize and mitigate encroachments and adverse impacts to protected resources under Article 12. (iv) Set back from existing arterial and collector streets as required under Section 3.06 (Setbacks and Buffers). (b) Connectivity. Street, recreation path, pedestrian, and transit connectivity must be provided or maintained within the designated Development Area, and between the Development Area and existing or planned development on adjacent parcels and in the vicinity of the proposed development, in accordance with applicable subdivision requirements under Article 15.A, to the extent that this does result in encroachments within the Conservation Area, or adverse impacts to protected resource areas, except as allowed and regulated under Article 12. (i) Streets, sidewalks, recreation paths, and supporting infrastructure and utilities shall be designed in a manner that allows for the extension of such facilities to adjacent properties located in areas planned for development, outside of designated Conservation Areas. (c) Streets, Blocks, and Lots. Zoning district and subdivision standards pertaining to streets, blocks, and building lots under Article 15.A, or an associated PUD type, shall apply to development within the Development Area, except for associated density and dimensional standards as may be modified or reduced within a Conservation PUD under Subsection H above. In addition: Page 371 15.C.05-13 (i) The Development Area may border and be accessed from an arterial street, subject to required setbacks under Section 3.06; but must include only local or collector streets. No building lot within the Development Area may front on an arterial street, except as may be allowed within the zoning district(s) applicable to the proposed Development Area or where no alternative street exists or proposed. In such instances, curb cuts shall be minimized. (ii) The Development Area must incorporate Street Types (Article 11.A), as allowed within the underlying zoning district or associated PUD type, that are appropriate to the development context, including the size of the designated Development Area, and the type, scale, and density of proposed development within it. (iii) The layout of streets, blocks, and building and civic space lots within the Development Area must define a compact, walkable, interconnected, and pedestrian-scaled form of development that provides direct and efficient pedestrian and bicycle access and connectivity. Minimum block lengths and building lot frontage may be reduced as allowed under Subsection (H). (iv) To the extent physically feasible, streets that border a Conservation Area must be single-loaded (accessed only from the development side) and laid out to follow or parallel the delineated Conservation Area boundary, as necessary to maintain street connectivity within the Development Area, to define a clear transition between the Development Area and protected open space within the adjoining Conservation Area, and to reinforce that protected open space is not intended to serve as an extension of rear yards. (v) Dead-end streets and cul-de-sacs are prohibited, except as may be allowed under Section 15.A.14 (Street Network) to avoid encroachments within the Conservation Area, including resource areas identified for protection under Article 12. Such streets may not exceed 200 FT in length. (vi) Where the total Development Area acreage or number of allowed building lots or units is insufficient to meet minimum block standards; pedestrian connections between building and civic space lots, and any allowed dead-end streets or cul-de-sacs, must be maintained through on-street sidewalks or connecting off-street recreation or pedestrian paths, as shown on the PUD Master Plan. (d) Civic Space. A minimum of 10% of the total Buildable Area must be allocated to one or more Civic Space lots, by Civic Space Type (Article 11.B), within any Development Area that exceeds two (2) acres in size, and includes ten (10) or more dwelling units or mixed use development, except as otherwise specified for an associated PUD Type. Civic space in this context is intended to serve as a focal point or visually defining feature of the development, in support of neighborhood gatherings, local businesses, social engagement and interaction, and more programed or organized outdoor recreation. The type of Civic Space selected may vary based on the development context, including available buildable acreage, proposed uses as allowed within the underlying zoning district, and the type and density of proposed development; however: Page 372 15.C.05-14 (i) Civic space lots must be integrated into the fabric of development design, as physically and visually distinct spaces that can be accessed on foot, to include civic spaces located within walking distance (¼-mile) of building lots. (ii) Civic space design, including proposed amenities, must be consistent with the selected Civic Space Type(s), and intended use. (e) Building Types. Building types, including housing types, allowed within the Development Area include principal buildings and accessory structures designed to accommodate uses allowed within the applicable zoning districts; or Building Types (Article 11.C) as specified for an associated PUD Type such as a TND. (i) Buildings within the Development Area must meet applicable zoning district or Building Type standards, including the minimum or maximum number of dwelling units allowed per lot or structure. (ii) Associated dimensional lot area, frontage, setback, coverage, and height requirements may be modified or reduced under Subsection (H) above as necessary to accommodate the effective increase in development density in the Development Area. (iii) Principal buildings and building entrances must be oriented to and accessed from the street, an adjoining courtyard, or civic space. Secondary entrances may open onto side or rear garages or parking areas. The placement of garages and parking areas within the Development Area, if not specified otherwise specified by zoning district or associated PUD type, must meet applicable standards under Section 13.17 and 9.10 as applicable. (f) Housing Mix. A mix of two or more housing types and styles must be provided as allowed within the applicable zoning district pursuant to Section 15.A.17, as required for affordable housing, or as specified for an associated PUD Type, for any residential or mixed use development that includes four (4) or more residential building lots. Within these developments, the Development Area must include an integrated mix of housing types and styles within neighborhoods, blocks, and along street frontage, rather than segregating or compartmentalizing housing types by block or street. (g) Utilities and Facilities. To the maximum extent feasible, infrastructure and utilities required to support the type and density of development proposed within the Development Area must be located within the designated Development Area, or an associated Buffer Area, in accordance with applicable subdivision requirements under Article 15.A. (i) The applicant must demonstrate that there is sufficient existing or planned potable water supply, wastewater, and stormwater system capacity available within the Development Area to serve the type and effective density of proposed development, to include develop rights transferred from adjoining Conservation Area(s), in conformance with State and City requirements. Page 373 15.C.05-15 (ii) Preferred solar facilities within a designated Development Area includes rooftop facilities mounted on principal and accessory structures, including parking canopies or structures located on designated parking lots. Given the effective increase in development density and required pattern of development, ground mounted solar facilities, including solar arrays, typically cannot be accommodated within these areas. (4) Buffer Area Design Standards. Any designated Buffer Area (Transition Zone) between a designated Conservation and Development Area must at minimum be of sufficient area and width to serve its intended function and purpose, to include the protection of Resource Land and other open space areas within the designated Conservation Area from the adverse impacts of development within the Development Area, and to avoid or minimize associated encroachments. (a) To the extent physically feasible, the Buffer Area must incorporate the least productive or developable land available bordering the delineated Conservation Area, to be included and managed in association with the designated Development Area. (b) Within the Buffer Area, existing vegetation that can effectively serve as a landscaped buffer between incompatible uses or development must be retained to the maximum extent possible. A buffer or landscaping plan under Section, prepared by a qualified landscape architect, may be required by the DRB as necessary ensure that an adequate, well-landscaped buffer will be established, managed, and maintained in accordance with its purpose, function, and allowed uses. (c) One or more of the following types of development may be sited within the Buffer Area to the extent that this does compromise buffer integrity or function, or adversely impact protected resources and other open space areas in the adjoining Conservation Area: (i) Greenways, recreation paths, and trail corridors; (ii) Water system, wastewater, and stormwater management Infrastructure serving proposed development in the Development Area that cannot be included or incorporated directly within the proposed pattern of development; (iii) A parking area intended to serve the Development Area or allowed uses within the adjoining Conservation Area. (iv) Ground-mounted solar facilities, including solar arrays. (v) Other infrastructure or utilities included on the City’s Official Map; or which are determined by the DRB to be necessary to support adjoining development. Page 374 15.C.06-1 South Burlington Land Development Regulations 15.C.06 Traditional Neighborhood Development (TND) A.____Description, Purpose. A Traditional Neighborhood Development (TND) is a type of planned development that is intended to result in a more compact, pedestrian-oriented form of neighborhood development characterized by a discernable center such as a central green or square; walkable, interconnected residential streets and blocks; a variety of housing types that front on local streets; and smaller civic spaces and facilities strategically located throughout to serve neighborhood residents. A TND may include one or more distinct, but interconnected neighborhoods that can be traversed from center to edge in a ten- to fifteen-minute walk. It may involve new, greenfield development in areas served by existing or extended city infrastructure, smaller compatible or complementary infill development on vacant or underdeveloped parcels within or immediately adjacent to an established neighborhood, or a combination of the two. B.____TND Characteristics. Defining characteristics of a Traditional Neighborhood Development (TND) include: • Predominantly residential uses, with limited supporting civic and neighborhood commercial uses. • Efficient, highly interconnected local street, sidewalk and path network that accommodates all users, while also limiting through traffic on neighborhood streets. • Walkable, pedestrian-oriented blocks, building lots, and streetscapes that include continuous, uninterrupted, ADA-compliant sidewalks as established by the Street Type. • Recreation paths within greenways or along busier streets that connect with or serve the adjoining neighborhood. • Direct pedestrian access to transit facilities, and neighborhood goods and services located within easy walking distance (¼- to ½-mile) of neighborhood areas. • Predominantly detached buildings, including a variety and integrated mix of housing types, that are oriented to and front directly on local streets, courtyards, or civic spaces. • A well-defined civic space, such as a centrally located square or green, that serves as the focal point of the neighborhood, contributes to neighborhood identity, and accommodates neighborhood gatherings. • Smaller civic spaces and facilities, such as pocket parks and playgrounds, within direct walking distance (¼-mile) of neighborhood residences, that encourage social interaction and provide access to outdoor recreation and neighborhood activities. • Amenities (e.g., civic, streetscape, recreational, open space improvements) that contribute to the built environment, and enhance neighborhood character, pedestrian access, and use. • Vehicle access to adjoining lots primarily from a rear alley, side street, or shared service lane or driveway. • Onsite parking areas, and detached accessory buildings (including garages), that are located to the rear or side of fronting, principal buildings, and screened from view from adjoining streets and civic spaces. • Attached garages that, where allowed by building type, are set back from, and do not visually dominate, detract from, or obscure the front building façade or main building entrance. Page 375 15.C.06-2 South Burlington Land Development Regulations C.____Applicability. A Traditional Neighborhood Development (TND) is an allowed PUD type within the underlying, primarily residential zoning districts listed in Table 15.C-1. (1) The boundaries of the TND, as indicated on the PUD Master Plan, and more specifically delineated on preliminary and final subdivision plans, must delineate a unified, compact, and walkable form of neighborhood development, typically defined as an area within a ¼- to ½-mile walk from TND center to edge. TND boundaries must include the designated Development Area(s) within the tract to be developed, and exclude large, contiguous Hazard and Level I natural resource areas identified for protection under Article 12, as necessary to maintain a compact and well-integrated form of neighborhood development. (2) A Traditional Neighborhood Development must at minimum incorporate one or more contiguous or highly interconnected Development Areas, with a total Buildable Area of ten (10) acres or more, as designated on the TND Master Plan and delineated on preliminary and final subdivision plans. (3) An Infill TND must incorporate a designated Development Area with a Buildable Area of at least four (4) acres but less than ten (10) acres, to include buildable vacant or underdeveloped land within or adjacent to an established neighborhood within the City’s existing water and sewer service areas. (4) A TND may border or be accessed from an arterial street but must not be traversed or divided by an arterial street. No residential building lots within a TND may front directly on or be individually accessed from an arterial street. D.____TND Dimensional Standards. A TND must meet TND acreage, land use allocation, density, coverage, height, building, and building lot dimensional standards under Table 15.C.06-1 unless modified or waived by the DRB as applicable within an Infill TND, a designated Edge, a Transition Zone, or in association with an approved form of Alternative Compliance under TND design standards.” Building and building lot standards also vary by Building Type allowed within a TND, as listed under Table 15.C.06-2B. (1) Within an Infill TND, the DRB may reduce or waive the minimum percentage of Buildable Area that must be allocated to “Civic Space” or “Mixed Use” where there is civic space, or a mixed use area adjacent to or within walking distance of the TND. E.____TND Street, Building and Civic Space Types. Street, Building and Civic Space Types allowed within a TND are specified by TND Subzone under Tables 15.C.06-2(a)-(c). For a Street, Building or Civic Space Type within the TND Edge (Transition) Subzone that is not allowed type within an adjoining Neighborhood Center or Residential Subzone, the DRB must find that the proposed type is compatible with the type and form of adjacent development. Page 376 15.C.06-3 South Burlington Land Development Regulations Table 15.C.06-1 TND Dimensional Standards Minimum Maximum Note: TND Total Buildable Area (Acres) Total contiguous or connected Buildable Area included within the delineated TND boundary (Designated Development Area), as necessary to allow for integrated, unified neighborhood development. Full TND 10 A --- Infill TND 4 A <10 A TND Land Allocation (% Buildable Area) “Unallocated” = Developer option; may also be “Reserved” as shown on the TND Master Plan, subject to allocation under a Master Plan amendment. Residential 65% --- Mixed Use 5% --- Civic Space 15% --- Resource Land 0% --- Unallocated 0% 15% TND Buildable Area Coverage Limit (% Impervious) --- 60% As applied to total Buildable Area; not to individual building lots. TND Height Limit (FT) --- 35 FT # Stories vary by allowed Building Type. Residential Density (DU/Acre) Residential – Neighborhood Area 4DU/A or District (a) Variable (c) (a) Minimum = Base Density (DU/A), or maximum specified for underlying zoning district (District), whichever is greater. (b) Transit area = Minimum within ½-mile of a transit route identified on Overlay District Map 2. (c) Maximum density variable; dependent on selected Housing Types. Residential –Transit Area 8 DU/A or District (b) Variable (c) Residential – Center 8 DU/A or District (a) Variable (c) Nonresidential Density --- Variable Maximum density variable; dependent on selected Building Type. TND Block Perimeter (FT) 800 FT 2,000 FT Midblock connection, pedestrian pass required for any block length > 500 FT Average Length (FT) 200 FT 500 FT TND Building Lot (a) Area (SF) 2,500 SF 10,000 SF Building lot standards also vary by allowed Building Type; where building lot standards differ, the more restrictive shall apply Width to Depth (Ratio) 1:2 1:5 Frontage Width (FT) 25 FT 80 FT Frontage Buildout (% Width) 35% --- TND Building (a) Front Setback (FT) (b) 10 FT 25 FT (a) Building standards also vary by allowed Building Type; where standards differ, the more restrictive shall apply. (b) Min and max front setbacks define the Build-to Zone (BTZ), measured from street right-of-way or civic space lot line. (c) Minimum side setback (0 FT) applies to attached Building Types, where applicable. Side Setback (FT) (c) 0/5 FT 10 FT Rear Setback – Principal (FT) 10 FT --- Rear Setback – Accessory (FT) 5 FT --- Height– Principal (Stories) 1.5 2.5 Height – Accessory (Stories) 1.0 2.0 Table 15.C.06-2A TND Street Types (also see associated standards under Article 11.A) Center Neighborhood Edge/Transition Page 377 15.C.06-4 South Burlington Land Development Regulations Table 15.C.06-2B TND Building Types (also see associated standards under Article 11.C) Center Neighborhood Edge/Transition Residential Cottage ◼ ◼ Detached House ◼ ◼ ◼ Duplex ◼ ◼ ◼ Multiplex, Small ◼ ◼ ◼ Carriage House (ADU) ◼ ◼ ◼ Town House ◼ Live/Work (Variant) ◼ Multiplex, Medium Nonresidential Civic ◼ ◼ ◼ Cottage Commercial ◼ Neighborhood Storefront ◼ Table 15.C.06-2C TND Civic Space Types (also see associated standards under Article 11.B) Center Neighborhood Edge/Transition Green ◼ Square ◼ Plaza Courtyard ◼ ◼ ◼ Neighborhood Park Pocket Park/Plaza ◼ ◼ ◼ Playground ◼ Greenway ◼ ◼ – Allowed; – May be allowed, subject to separate DRB review and approval, in relation to context. F.____Preferred TND Solar Siting Facility Locations. Within a TND, the minimum required density of development generally precludes ground-mounted solar installations. Preferred facility siting within a TND includes roof-top installations, mounted on principal and accessory buildings, and parking structures, that allow for required minimum densities of development and open, accessible civic spaces. G.____TND Design Standards. (1) Purpose. The applicant for any TND must demonstrate how the TND is consistent with the stated description, purpose, and defining characteristics of a TND under 15.C.06(A) and (B) above. The Neighborhood – Narrow ◼ Neighborhood ◼ ◼ ◼ Support ◼ Alley ◼ ◼ ◼ Pedestrian Street/Pass ◼ ◼ ◼ Bicycle Boulevard Page 378 15.C.06-5 South Burlington Land Development Regulations term “consistent with,” in this context, means to fulfill the description, purpose, and defining characteristics, read together as a whole; each individual characteristic does not have to be met. (2) Modifications, Waivers. The plan for a TND must incorporate each of the TND design standards, unless modified or waived by the Development Review Board for an Infill TND, or in association with an approved form of Alternative Compliance under Section 15.C.04(C). (a) The DRB may modify or waive one or more required standards under this subsection for an Infill TND that can be met off site, if located within a ¼- to ½-mile of the TND boundary; or as necessary to complement or fully integrate new neighborhood development with existing development in the vicinity of the project. (b) Any proposed form of Alternative Compliance under a TND design standard must achieve the intent of standard to be modified, as required under Section 15.C.04(C). (3) Context. For planning and design purposes, the “neighborhood area” includes all existing and proposed properties, buildings, and uses located within a ¼-mile “pedestrian shed” or, if located on a transit route identified on Overlay District Map 2, within a ½-mile “transit shed” of the tract or parcel to be developed, as measured from the approximate center of the TND. (a) The TND must be designed to establish or to otherwise incorporate and complement the existing and planned pattern of neighborhood development in the vicinity of the project, consistent with TND connectivity and design standards under this section. (4) TND Subzones: Designated Development Areas, and associated land use allocations within a TND must include the following subzones, as generally indicated on the TND Master Plan, and more specifically identified on preliminary and final subdivision plans: (a) Neighborhood Center. Consisting of a distinct, attractive, civic space such as a central square or green that serves as the focal point for the surrounding residential neighborhood, is intended for access and use by all neighborhood residents, and is fronted on at least three sides by local streets, allowed housing types, or one or more neighborhood-scale nonresidential civic, mixed use, or commercial buildings. A TND center may be located on or accessed from a collector street, if fully integrated with the surrounding residential neighborhood. (i) For a TND of ten (10) acres or more, selected Housing Types within the Neighborhood Center must accommodate a minimum (base) density of residential development of eight dwelling units/acre (8 DU/A). Within an Infill TND this may be reduced to a minimum of four dwelling units/acre (4 DU/A) as necessary to better conform to the adjacent pattern and density of residential development. (ii) Within an Infill TND, a civic building, or an existing, adjacent public park or civic space that is directly accessible to neighborhood residents, and is sufficient in size to accommodate neighborhood gatherings, may serve as the Neighborhood Center. Page 379 15.C.06-6 South Burlington Land Development Regulations (b) Neighborhood Residential. Consisting of one or more compact residential blocks, bounded by local streets, that incorporate an integrated mix of housing types, at a density of not less than four dwelling units per acre (4 DU/A); and smaller civic spaces (e.g., pocket parks or playgrounds) that are strategically located within a ¼-mile mile walking distance of dwelling units within the TND. (c) Neighborhood Edge. A TND must either have a clearly defined “edge” that physically and visually distinguishes the TND from the surrounding area (e.g., a greenway, park or conserved area); or include one or more designated “Transition Zones” along the periphery, in which street and path connections to adjoining properties are maintained, but dimensional standards, street and building types may be adjusted as necessary to integrate new development with the adjoining existing or planned form of development. As provided for a Transition Zones under 15.C.04(E): (i) A TND transition area may accommodate lot sizes, densities and building types that complement or fully integrate with the existing or planned pattern of adjacent development. (ii) A TND transition area may also incorporate a greenway or buffer as necessary to separate the TND from resources identified for protection, or from adjoining incompatible nonresidential uses or forms of development. (5) TND Street and Path Network. The TND must incorporate a highly interconnected street grid that, in addition to meeting relevant connectivity, street and block standards under Article 15.A, also incorporates TND block standards and Street Types. The local street and path network must serve all users, including pedestrians, cyclists, and transit riders and, to emphasize and ensure pedestrian access and walkability, include: (a) “T” street intersections, located as necessary to limit through traffic on neighborhood streets and, where appropriate, to incorporate terminating views of prominent civic spaces, buildings, or adjoining conserved lands. (b) Sidewalks that meet minimum ADA requirements and street type standards along both sides of each street unless specifically recommended otherwise by Director of Public Works and Planning & Zoning Department Review, pedestrian street crossings at street intersections and, where the block length exceeds 500 feet, a mid-block pedestrian passage and street crossing. Street trees, furniture, lighting, and other streetscape elements may also be required, as specified by street type. (c) Direct (shortest linear distance) pedestrian sidewalk or path connections from local streets to the main entrances of all principal buildings; and to civic spaces, recreation paths, shared parking areas, and existing or planned transit stops or facilities serving the neighborhood, including any off-site facility (e.g., neighborhood park, transit stop, commercial center) within the extended ¼- to ½-mile neighborhood area that is available and intended for use by TND residents. Page 380 15.C.06-7 South Burlington Land Development Regulations (d) Off-street walking and recreation paths as necessary to connect with existing or planned facilities on adjoining properties; or to provide more direct, internal pedestrian and bicycle connections that cannot be accommodated on local streets. (6) Vehicle Access and Parking. A TND must be designed to give pedestrian access and movement priority over vehicle access within blocks, along fronting streets, and to principal buildings and civic spaces. (a) To ensure walkability within a TND, the number and width of curb cuts and driveways on fronting streets or block faces must be minimized to the extent physically and functionally feasible, as necessary to avoid breaks in adjoining sidewalks. (i) Rear lot alley or service lane access, or shared driveway access from a fronting or side street, is required for any building lot with a street frontage width of less than 50 feet, and for attached building types, including duplexes. (ii) Vehicle access (e.g., driveway) to a building lot from a fronting street must be physically separated and visually distinct from pedestrian street access (sidewalk or path) and the main building entrance. (iii) The width of a driveway from a front or side street must not exceed ten (10) feet where it crosses an adjoining sidewalk along the street; and must not result in a physical or visual interruption in the adjoining sidewalk. The sidewalk must clearly extend across the driveway. (b) Off-site parking within a TND may include a shared parking lot or facility located behind principal buildings; or on-street parking along adjoining building lot frontage, as allowed by Street Type. (c) Onsite parking on a building lot within a TND, as also specified by housing or other building type, may include: (i) Driveway parking outside of the front setback area (Build-to-Zone); (ii) Parking spaces located to the rear of the building lot, behind the principal building; (iii) Structured parking within the primary building footprint (underground, tuck-under, pedestal parking), or within an attached or detached accessory structure (garage, carriage house or carport), that meets associated building requirements under (8) below. (d) With the exception of designated handicapped spaces, shared parking and service areas serving more than one dwelling unit or building lot must be located to the rear or side of the building lot, behind the principal building; and must be screened from view from the street and from adjoining residential properties by a landscaped fence or dividing wall]. Page 381 15.C.06-8 South Burlington Land Development Regulations (e) No principal parking lot or facility may be located on a corner lot, except as specifically approved by the DRB for a phased development in which the parking lot is reserved for conversion to a building lot under a subsequent phase of development. (7) Housing Mix. The TND must include a well-integrated mix of housing types, as specified by subzone, that also vary in style by block, street, and building lot. (i) A TND of ten (10) acres or more must include a minimum of three (3) allowed housing types, none of which represents more than 50% of the total number of dwelling units within the TND. (ii) An Infill TND of four (4) acres, but less than ten (10) acres, must include a minimum of two allowed housing types, neither of which represents more than 60% of the total number of dwelling units within the TND. (iii) Housing types and styles must be mixed within neighborhoods and blocks, along a street or block face, rather than compartmentalized into areas of near-identical housing. Where housing styles are repeated, as is common for attached housing types (townhouses), variations in architectural elements, fenestration, materials, or color must be used to enhance visual variety. (iv) Within a TND a small multiplex, consisting of three or four dwelling units, must resemble in appearance a larger detached house that is compatible in form and style with other housing types located along the same street or block. Corner lots with rear alley or side street vehicle access are preferred for this housing type. (8) Buildings. See allowed TND building types, as specified by Subzone under Table 15.C.06-2B, and associated standards under Article 11.C. (a) All principal buildings, including primary building façades and main entrances, must front on a street, a designated civic space, or a common courtyard, and not on an adjoining parking area. Secondary entrances may access side or rear yards, garages, or parking areas. (b) All principal buildings must be oriented parallel to the fronting street or civic space, preferably with the narrower building façade facing the street in proportion to building lot width and depth, to minimize the distance between adjoining buildings and main building entrances. (c) The primary building façade, and any frontage features such as porches, balconies, stoops, canopies, or awnings, must be located within the Build-to-Zone (BTZ) defined by minimum and maximum front setback distances. The primary building façade must also meet the minimum frontage buildout requirement as applicable within the BTZ. Page 382 15.C.06-9 South Burlington Land Development Regulations (d) Frontage types allowed within the TND, as specified by Building Type, include front yards, dooryards, porches, balconies, and stoops that create a semi-private space oriented to the street, to promote social interaction, and neighborhood safety and security. (i) A front porch must have a functional, minimum width of eight (8) feet, and a minimum depth, as measured horizontally from the building façade, of six (6) feet. (e) Auto-oriented principal uses and buildings, and drive-through facilities, which may be allowed within the underlying zoning district, are expressly prohibited within a TND. Pedestrian- oriented walkup facilities (e.g., ATMs, take-out windows) are allowed. (f) Accessory buildings allowed within a TND include detached Carriage Houses (accessory dwelling units), garages, garden sheds, and other small accessory buildings or structures typical of and incidental to a residential or civic use. (i) A detached accessory building must be located to the rear of the building lot, behind the principal building, must be separated from the main building by at least ten (10) feet, and must meet relevant accessory structure side and rear setback and height requirements. (ii) Garage placement options on a residential building lot are depicted in Fig. 13.17. (iii) An attached garage must be set back a minimum of ten (10) feet as measured horizontally from the primary (front) building façade, excluding any projecting front porch, stoop, balcony, or bay window; and must not physically or visibly dominate the front façade or main building entrance. The width of a front facing garage must not exceed forty percent (40%) of the total width of the primary building façade, excluding the garage. (9) Civic Spaces. See allowed TND Civic Space Types by TND Subzone under Table 15.C.06-2C and Article 11.B. A TND must include the following designated public or commonly held and managed civic spaces, at minimum representing fifteen percent (15%) of the total Buildable Area of the TND, except as modified or waived by the DRB for an infill TND, or in association with an approved form of Alternative Compliance: (a) A prominent, well-landscaped, main green or square that serves as a neighborhood focal point and gathering space, and that is bordered by neighborhood streets, and fronting residential, mixed use, or civic buildings, except as provided for an Infill TND under 15.C.06(G)(4) above; and (b) Smaller civic spaces such as pocket parks or playgrounds that are strategically located by block or street, within walking distance (no more than ¼-mile) of all neighborhood residences. (i) The requirement for smaller civic space areas may also be met off-site by a public park or similar civic space that is located within walking distance of neighborhood residences and is available and directly accessible to neighborhood residents. Page 383 15.C.06-10 South Burlington Land Development Regulations (ii) Other accessible designated open space areas (e.g., resource land or a stormwater facility) that can accommodate compatible recreational uses may also be considered in meeting this requirement. Page 384 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW 15.01 Purpose 15.02 Authority and Required Review 15.03 Allowed Uses, Densities, Zoning Boundary Adjustments and Perimeter Setbacks 15.04 General Subdivision and PUD Review Procedures 15.05 Sketch Plan Review 15.06 Review and Approval of Minor Subdivision 15.07 Master Plan Review and Approval 15.08 Major Subdivision, Transect Zone Subdivision, or PUD Approval Procedure 15.09 Final Plat Recording 15.10 Lot Layout 15.11 Relation to Scenic View Protection Overlay District 15.12 Standards for Roadways, Parking and Circulation 15.13 Utility Services 15.14 Required Public Facilities and Improvements 15.15 Performance Bonds, Escrow Accounts and Letters of Credit 15.16 Acceptance of Streets and Required Public Facilities and Improvements 15.17 Certificate of Title 15.18 Criteria for Review of PUDs, Subdivisions, Transect Zone Subdivisions, and Master Plans 15.19 Minor Lot Line Adjustments 15.01 Purpose It is the purpose of the provisions for subdivision and Planned Unit Development (PUD) review to provide for relief from the strict dimensional standards for individual lots in these Regulations in order to encourage innovation in design and layout, efficient use of land, and the viability of infill development and re- development in the City’s Core Area, as defined in the Comprehensive Plan. It is the further purpose of this Article to coordinate site plan, conditional use and subdivision review into a unified process. The Development Review Board shall administer these regulations for the purpose of assuring orderly growth and coordinated development in the City of South Burlington and to assure the comfort, convenience, safety, health and welfare of its citizens. 15.02 Authority and Required Review A. Authority (1) Pursuant to Section 4413 through Section 4421 of 24 VSA Chapter 117, as amended, the Development Review Board shall have the authority to review and approve, approve with conditions or deny an application for subdivision of land pursuant to the standards in these Regulations. (2) In accordance with the provisions of Subsections (3) and (12) of Section 4407 of Title 24 VSA Chapter 117, the Development Review Board shall have the authority to review and approve, approve with modifications, or deny Planned Unit Developments and Planned Residential Developments (PUDs). Planned Unit Developments shall not be permitted within The City Center FBC District. (3) In conjunction with PUD review, the modification of these Land Development Regulations is permitted subject to the conditions and standards in this Article and other applicable provisions of these Regulations. (4) Notwithstanding section 15.02(A)(3), however, the following standards shall apply to all PUDs: Page 385 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (a) in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary, and, in no case shall the DRB permit the location of a structure not in compliance with Section 15.03(D). (b) In no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. (c) In no case shall the DRB permit the location of parking not in compliance with Section 14.06 (B) (2). (5) Pursuant to this Article, the South Burlington Development Review Board shall have the further authority to review and approve, approve with modifications, or deny a Master Plan reviewed in conjunction with a PUD. A Master Plan shall be a binding sub-part of a PUD approval and shall not be construed as a separate land development review procedure from the PUD procedures set forth in this Article. (6) The modification of the maximum residential density for a zoning district shall be permitted only as provided in the applicable district regulations and/or for the provision of affordable housing pursuant to Section 18.01 and 18.02 of these Regulations. B. Applications for which PUD review is required. For certain uses and in certain districts, applications for development review must be made as a PUD pursuant to this Article. Such uses and districts are noted below, in Table C-1, Table of Uses, and in individual district articles in these Regulations. For all land development activities meeting these standards, PUD review shall be required unless an application is being made pursuant to specific provisions in a PUD permit issued by the DRB that apply to the land involved and specify another review procedure. The Master Plan requirements of this Article may apply in addition to the standard PUD requirements, as set forth in Section 15.07 below. Developments that ordinarily shall be subject to PUD review are: (1) All applications for development in the Southeast Quadrant District other than a single-family or two-family residence, (2) All applications for educational facilities and educational support facilities in the Commercial 1 and Institutional-Agricultural Districts (3) All applications in which the total area of all involved lands is ten (10) acres or more, except within the City Center FBC District. C. Elective PUD Review. In all districts of the City except the City Center FBC District, any applicant for site plan, conditional use and/or subdivision review, or any other application for land development requiring action by the Development Review Board, may request review pursuant to the PUD process and regulations, except for parcels of land less than two (2) acres in the following districts: R1, R1-LV, R2, R4, and LN. 15.03 Allowed Uses, Densities, 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. In any application for PUD or subdivision review, the overall density or FAR allowable for the land in question shall be the same as for the underlying district(s) involved in the application. Page 386 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations C. Zoning District Boundary Adjustment. In conjunction with a PUD or subdivision application involving land in two or more zoning districts, the DRB may at its discretion approve a request to relocate the boundary of the zoning district up to fifty (50) feet in either direction within the area affected by the application. D. Perimeter Setbacks. Any principal structure proposed on a lot that borders any of the districts in Article IV or the SEQ-NR, SEQ-NRP, SEQ-VR or SEQ-NRT SEQ Sub-Districts must meet the setback required by these Regulations for the adjoining district for the type of yard (side or rear) that is immediately adjacent in the above-referenced district. 15.04 General Subdivision and PUD Review Procedures A. Subdivision and PUD Process Unified. It is a purpose of these regulations to provide for a unified review process for subdivisions and Planned Unit Developments, in keeping with the provisions of 24 VSA Chapter 117, as amended. While some provisions of these regulations may apply only to the strict subdivision of land and others only to a strict planned unit development project without land subdivision, the intent of these regulations is to unify the process to the greatest extent possible. Therefore, any questions as to the required elements of a PUD or subdivision application or the standards applicable to a specific case shall be interpreted based on the context of Article 15 of these regulations, and the appropriateness and relevance of a given standard or provision of Article 15 to a PUD or subdivision application. B. Statement of requested waivers required for PUDs. Any applicant utilizing PUD review must provide a list of waivers and other relief sought through PUD review from the strict dimensional standards, subdivision standards, site plan review standards, or other applicable provisions of these Regulations. 15.05 Sketch Plan Review A. Sketch Plan Required for PUD and Subdivision. For the purpose of classification and initial review, any applicant for a subdivision, Transect Zone subdivision, or PUD of land shall, prior to submitting an application for subdivision approval, submit to the Administrative Officer the elements required in Appendix E, Submission Requirements: B. Site plan information. All applicable information required for a site plan pursuant to Section 14.05 of these Regulations shall be submitted at preliminary plat stage for subdivisions involving commercial or industrial uses, multi-family uses, or planned unit development. C. Sketch plan review procedures. (1) Classification. The Administrative Officer shall, prior to the meeting on the sketch plan, classify the subdivision proposal as a Minor Subdivision, a Major Subdivision/PUD, or a Transect Zone subdivision. The Administrative Officer shall also determine whether the application requires Master Plan review, and shall duly note any request by an applicant for review and approval pursuant to the PUD and/or Master Plan provisions in Article 15. (2) Meeting required. The applicant, or his duly authorized representative, shall attend the meeting of the Development Review Board on the sketch plan to discuss the application. (3) Review by DRB. The Development Review Board shall determine whether the sketch plan meets the purposes of these regulations and shall, where it deems necessary, make specific suggestions to be incorporated by the applicant in subsequent submissions. At this time, the Development Review Board Page 387 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations may determine that a minor subdivision developer shall supply additional material normally required for a major subdivision at the warned public hearing. 15.06 Review and Approval of Minor Subdivisions A. Application for Minor Subdivision Approval. After classification of the proposed subdivision as a minor subdivision, and within six months after the meeting on the sketch plan for the application, the applicant shall be allowed to bypass the preliminary plat process and proceed directly to filing an application for the approval of a final subdivision plat. This Section 15.06 shall apply to minor subdivisions only, and shall not apply to applications for PUD approval or any applications requiring Master Plan approval. B. Final Plat Requirements for Minor Subdivision Approval. See Appendix E, Submission Requirements. C. Public Hearing for Final Plat for Minor Subdivisions. A public hearing shall be held by the Development Review Board after submission of the Final Subdivision Plat and all required information to the Administrative Officer. Said hearing shall be warned in accordance with the public notice provisions of the Vermont Planning and Development Act. The DRB shall take action to approve, approve with conditions or deny the final plat application at a duly warned public hearing in accordance with Section 15.08(E) of this Article. 15.07 Master Plan Review and Approval A. Master Plans Established. For any application involving subdivision for which the applicant has sought Master Plan approval, or for which Master Plan approval is required, the applicant shall follow the procedures outlined in this Section. The applicant may elect to apply simultaneously for preliminary plat and/or preliminary site plan approval for a portion or portions of the affected property. B. Master Plan Optional or Required. As part of the PUD and/or subdivision review process, any applicant for land development involving ten (10) or more contiguous acres may submit an application for Master Plan except within the Transect Zones. Master plan review also shall be required as a step in the PUD or subdivision review process in the following cases: (1) Development of more than ten (10) dwelling units in the Southeast Quadrant (2) Development of more than ten (10) units in a five (5) year period in the R1-Lakeshore District. C. Master Plan Review Process. (1) Master Plan. An applicant meeting the criteria in (B) above shall submit a sketch plan for review by the DRB. After identification of the proposed project as requiring a master plan, and within six (6) months after the final DRB meeting on the sketch plan (or a longer period if mutually agreed by the applicant and the DRB, but not exceeding two (2) years in total), the applicant shall file an application for approval of a master plan. The plan shall conform to the layout shown on the sketch plan, incorporating recommendations made by the Development Review Board. (2) Combined with Preliminary Site Plan or Preliminary Plat Review. The Master Plan application may, at the applicant’s request, be combined with preliminary site plan or preliminary subdivision plat review for a discrete portion or all of the property proposed for development. Any areas of the lands proposed for development for which master plan review is secured but preliminary site plan or preliminary plat review is not shall require preliminary site plan or plat review at a subsequent time prior Page 388 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations to receiving final approval. The DRB shall review the master plan and all areas proposed for preliminary plat simultaneously, and shall make separate findings of fact as to the master plan and the areas reviewed for preliminary plan or plat. The findings of fact pertaining to the master plan shall be binding on the DRB and the applicant for all subsequent preliminary site plan or preliminary plat applications made pursuant to the master plan approval. (3) Master Plan Application. Submission requirements are as listed in Appendix E, Submission Requirements. D. Approval and Amendment of Master Plan. (1) Upon receipt of a complete application for master plan approval, with or without an associated preliminary site plan or preliminary plat application, the DRB shall take action to approve, approve with conditions, or deny the master plan at a duly warned public hearing. (2) In its approval of a Master Plan, the DRB shall specify the level of review and process required for subsequent applications pursuant to the approved Master Plan provided such procedure is consistent with the intent of these Regulations. The DRB may, for example, specify that final site plan only shall be required for specified portions of a project subject to a master plan, or that a section of a PUD shall be able to be amended with a final plat amendment action. (3) Any application for amendment of the master plan, preliminary site plan or preliminary plat that deviates from the master plan in any one or more of the following respects, shall be considered a new application for the property and shall require sketch plan review as well as approval of an amended master plan: (a) An increase in the total FAR or number of residential dwelling units for the property subject to the master plan; (b) An increase in the total site coverage of the property subject to the master plan; (c) A change in the location, layout, capacity or number of collector roadways on the property subject to the master plan; (d) Land development proposed in any area previously identified as permanent open space in the approved master plan application; and/or (e) A change that will result in an increase in the number of PM peak hour vehicle trip ends projected for total buildout of the property subject to the master plan. (4) Any application for amendment of the master plan that does not reduce the total area or alter the location of proposed permanent open spaces, and which does not meet any of the criteria in (3) above, and any application for preliminary plat or preliminary site plan that is found to be consistent with the findings of fact for the master plan, shall not require sketch plan review. The DRB may, at its discretion, allow applicants for preliminary plat or preliminary site plan review pursuant to a master plan to combine preliminary and final review into one application and approval action. (5) The DRB may in its findings of fact on the master plan, or its approval of a site plan or preliminary plat pursuant thereto, specify certain minor land development activities (such as but not limited to the addition of decks or porches to dwelling units) that will not require DRB action, and may be undertaken pursuant to issuance of a Zoning Permit. (6) The City shall in its approvals maintain a record of such criteria as are applicable to the project such as residential density, FAR, total site coverage, required off-street parking, sewer capacity, and the location and status of public amenities. Page 389 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations 15.08 Major Subdivision, PUD, or Transect Zone Subdivision Approval Procedure A. Preliminary Plat Application. After classification of the proposed subdivision as a major subdivision and within six (6) months of the meeting on the sketch plan, the applicant shall file an application for the approval of a preliminary plat with the Administrative Officer. The preliminary plat application shall consist of the elements listed within Appendix E, Submission Requirements. B. Preliminary Plat Public Hearing and Approval (1) Public hearing. A public hearing shall be held by the Development Review Board after submission of the preliminary plat and all required information to the Administrative Officer. Said hearing shall be advertised and warned in accordance with the public notice provisions of the Vermont Planning and Development Act. (2) Attendance at public hearing required. The applicant, developer, or his duly authorized representative shall attend all required meetings and hearings held under these regulations to review the applicant’s or developer's application, including any public meetings or hearings, which are continued to a specific time and date. (3) Action to Approve Preliminary Plat. (a) Within forty-five (45) days after the close of the public hearing on a preliminary plat, the Development Review Board shall approve, modify and approve, or disapprove said preliminary plat. Failure of the Development Review Board to act within said forty-five (45) day period shall constitute an approval of the preliminary plat. Copies of the Development Review Board decision, along with findings of fact, shall be sent to the applicant. (b) When granting approval to a preliminary plat, the Development Review Board shall state the conditions of such approval, if any, with respect to (i) the specific changes which it will require in the preliminary plat, and (ii) the character and extent of the required improvements for which in its opinion may be waived without jeopardy to public health, safety, and general welfare. (c) Approval of a preliminary plat shall not constitute approval of the final plat, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat. Prior to approval of the final plat, the Development Review Board may require additional changes as a result of further study of the application or as a result of new information obtained at any public hearing held pursuant to these regulations. C. Final Plat Application Procedures (1) The applicant shall, within twelve (12) months after the approval of the preliminary plat, submit an application for approval of the final plat to the Administrative Officer. (2) The final plat application may be submitted in sections in accordance with the preliminary plat and/or Master Plan approval for the property so that it shall only include the phase of the approved preliminary plat that the applicant proposes to record and develop at that time. (3) If the final plat, or a section thereof, is not submitted to the Development Review Board within twelve (12) months after the approval of the preliminary plat, the Development Review Board may refuse to act on the final plat and require resubmission of the preliminary plat. D. Final Plat Application. The final plat application shall consist of the elements required by Appendix E, Submission Requirements. E. Transect Zone Final Plat Application. After classification of the proposed subdivision as a Transect Zone subdivision and within six (6) months of the meeting on the sketch plan, the applicant shall file an Page 390 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations application for the approval of a final plat with the Administrative Officer. The final plat application shall consist of the elements listed within Appendix E, Submission Requirements. F. Action on Final Plat (1) Public hearing. A public hearing shall be held by the Development Review Board after submission of the final plat and all required information to the Administrative Officer. Said hearing shall be advertised and warned in accordance with the public notice provisions of the Vermont Planning and Development Act. (2) Action on Final Plat. The Development Review Board shall, within forty-five (45) days after the close of the public hearing, approve, modify and approve, approve with conditions, or deny such plat. Failure to act within said forty-five (45) days shall be deemed approval. Copies of the Development Review Board decision, along with findings of fact, shall be sent to the applicant. If the Development Review Board places any stipulations regarding the content of the plat or supporting documents, it shall require that any stipulated changes be completed to the satisfaction of the Administrative Officer before filing of the approved plat. The Development Review Board may establish phasing schedules for construction of structures and may also require certain streets and other improvements to be completed prior to or during specified phases of construction. (3) Attendance at public hearing required. The applicant, developer, or her duly authorized representative shall attend all required meetings and hearings held under these regulations to review the applicant’s or developer's application, including any public meetings or hearings, which are continued to a specific time and date. The Development Review Board may disapprove the applicant’s or developer's application if she or her duly authorized representative fail to attend any such public hearings or meetings. 15.09 Final Plat Recording A. Recording Required. The approval of the Development Review Board, or certification by the City Clerk of the Development Review Board's failure to act within forty-five (45) days of the close of the final public hearing held under these regulations, shall expire one hundred eighty (180) days from such approval or certification unless, within such one hundred eighty (180) day period, such plat shall have been duly filed or recorded with the office of the City Clerk. No subdivision plat which requires Development Review Board approval may be filed or recorded in the office of the City Clerk until it has been approved by the Development Review Board and such approval is endorsed in writing on such plat by the Development Review Board Chairman or Clerk, or the certificate of the City Clerk showing the failure of the Development Review Board to take action within said forty-five (45) day period is attached thereto and filed or recorded with said plat. The plat to be filed with the City Clerk shall comply with the requirements of the Vermont Statutes Annotated, as presently enacted or as hereinafter from time to time amended. After such filing or recording, the plat shall be part of the South Burlington Official Map. B. Submittal of documents required. Endorsement shall not take place until all required plats, construction drawings, and supporting documents have been submitted to the Administrative Officer per the requirements of this section and in digital form and determined to be complete and accurate. If all required submissions are not determined to be complete and accurate within the one hundred eighty (180) day period, then subdivision approval shall be void and the application must be resubmitted for final plat approval. C. Plat Void if Revised After Approval. No changes, erasures, modifications, or revisions shall be made on any subdivision plat after approval has been given by the Development Review Board and endorsed in writing on the plat, unless said plat is first resubmitted to the Development Review Board and the Development Review Board approves any modification. In the event that such subdivision plat is recorded Page 391 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations without complying with this requirement, the plat shall be considered null and void and the Development Review Board shall institute proceedings to have the plat stricken from the records of the City Clerk. D. Endorsement by the Development Review Board. Every approved subdivision plat shall carry an endorsement on the copy to be filed with the City Clerk stating that the plat has been approved by Resolution of the Development Review Board of the City of South Burlington, Vermont, and specifying the date of such approval, subject to the requirements of said conditions of said Resolution, and signed and dated by the Chairman or Clerk of the Development Review Board. 15.10 Lot Layout A. Lots shall be laid out in such a way that they can be developed in full compliance with these land development regulations, and giving consideration to topography, soils, and drainage conditions. B. Except within the City Center FBC District, the following standards shall apply: Corner lots shall have extra width to conform to setbacks on each street. No subdivision showing any reserved strips shall be approved. A width to length ratio of one to five (1:5) shall be used as a guideline by the Development Review Board in evaluating lot proportions. Developments consisting predominantly of square or roughly square lots or lot with an excessive length to width ratio (i.e. spaghetti lots) shall not be approved. C. Within the City Center FBC District, the following standards shall apply: All subdivisions shall contain allowable lot dimensions, block dimensions and street typologies in the applicable / relevant Transect Zone Building Envelope Standards. 15.11 Relation to Scenic View Protection Overlay District (Article 10) The Development Review Board may approve a proposed subdivision, though development of one or more lots in the proposed subdivision with construction of a structure would exceed the limitations of the Scenic View Protection Overlay District in these regulations ("view restrictions") in accordance with the provisions in Article 10. 15.12 Standards for Roadways, Parking and Circulation A. Street Layout. The arrangement of streets in the subdivision shall provide for the continuation of arterial, collector and local streets of adjoining subdivisions and for proper projection of arterial, collector and local streets through adjoining properties that are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and construction or extension, presently or when later required, of needed utilities and public services such as recreation paths, sewers, water and drainage facilities. Where, in the opinion of the Development Review Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. In no case shall gates of any kind be permitted across public or private roads, or driveways serving more than one dwelling unit. B. Relationship to Traffic Overlay District. In all PUDs and subdivisions in which the provisions of the Traffic Overlay District in Section 10.02 of these Regulations apply and in which the Traffic Overlay District provisions conflict with those of this section, the more restrictive provisions shall apply. C. Topography. Streets shall be logically related to the topography so as to produce usable lots, reasonable grades, and safe intersections in appropriate relation to the proposed use of the land to be served by such streets. Adequate provisions shall be made in the project’s stormwater management system to prevent flooding in the streets and erosion or other adverse impacts on adjacent properties. Page 392 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations D. Criteria for Public and Private Roadways. (1) In reviewing PUD, subdivision and master plan applications, the DRB shall have the authority to require the construction of roadways to City standards and the dedication of roadways to the City. The DRB also shall have the authority, subject to the limitations in (3) below, to waive this requirement and to allow private streets, and/or public streets not built to full City standards as set forth in Table 15-1 and Figure 15-1. (2) Public roadway required. The DRB shall require a roadway to be built to City standards in Table 15-1, Figure 15-1, and the Transect Zone Street Typologies contained within Article 11 and dedicated to the City as a public roadway if one or more of the following situations applies: (a) The proposed roadway will or could provide a future extension to an adjoining property. (b) The right-of-way or proposed alignment of the proposed roadway is consistent with the right- of-way for a proposed City street shown on the Official Map; the City Council shall have the authority to determine if a proposed right-of-way with a similar location and/or alignment to a right-of-way on the Official Map must be required to be a public roadway. (c) The Development Review Board determines that the proposed length of a roadway or the significance of the roadway within the City’s street network warrants public ownership. (d) The proposed roadway serves one (1) or more lots occupied by and/or proposed for non- residential or mixed-use development. (3) Private roadways allowed. The DRB may at its discretion approve a roadway or roadways within a subdivision or PUD to be private if one or more of the following situations applies: (a) The proposed roadway functions as a private frontage or service road to serve more than one (1) commercial lot, and the Development Review Board determines such a road would be consistent with the standards for PUDs in this Article. (b) The proposed roadway functions as a private service or access road within a commercial subdivision or PUD, and the Development Review Board determines such a road would be consistent with the standards for PUDs in this Article. (c) The proposed roadway serves five (5) or fewer single-family or duplex dwellings, in any combination of the two types of dwellings. (d) The proposed roadway has only one (1) point of access on another existing or proposed public roadway, and serves nine (9) or fewer dwelling units in any combination of single-family, duplex or multi-family dwellings. (e) The proposed roadway has two (2) or more points of access on another existing or proposed roadway and serves nineteen (19) or fewer dwelling units in any combination of single-family, duplex or multi-family dwellings. (f) The homes built on a private roadway must be sprinklered to the satisfaction of the South Burlington Fire Chief. All proposed sprinkler systems must be reviewed and agreed upon prior to plat approval. This requirement may be waived be the DRB upon recommendation by the City of South Burlington Fire Chief. (4) Connections to adjacent parcels. (a) If the DRB finds that a roadway or recreation path extension or connection to an adjacent property may or could occur in the future, whether through City action or development of an adjacent Page 393 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations parcel, the DRB shall require the applicant to construct the roadway to the property line or contribute the cost of completing the roadway connection. (b) In determining whether a connection to an adjacent property may or could occur, and the location and configuration of such connection, the DRB may consider: (i) The existence of planned roadways or recreation paths in the City’s Comprehensive Plan, Official Map, or these Regulations; (ii) The requirements of the Zoning District in which the adjacent property is located and whether these Regulations allow additional development or development density on the adjacent parcel; (iii) The context of the proposed development’s setting in relation to the adjacent property; (iv) The presence of physical obstacles to such a connection, such as wetlands, water bodies, or steep slopes; (v) The presence of legal restrictions to development or use on the adjacent property; and/or; (vi) Any other information it deems necessary to make its determination. (c) If the DRB finds that a roadway or recreation path connection to an adjacent property may or could occur, but the maximum allowed length of the proposed dead end street will not connect the roadway or recreation path to the adjacent property, the DRB may accept a dedication of a right-of- way to the property line and/or impose a condition that any future development on the property requires construction of the roadway or recreation path to the property line. (d) For roadway connections, sufficient right-of-way shall be dedicated to accommodate two (2) lanes of vehicle travel, City utilities, and a ten-foot wide grade-separated recreation path. For independent recreation path connections, a right-of-way with a minimum width of twenty feet (20’) is required. (e) Any such roadway or recreation path shall include one or more signs indicating the intent to construct future connections to the street or recreation path. (5) Nothing in this section shall be construed to limit the authority of the DRB to grant waivers of public roadway standards subject to the provisions of §15.12(D)(4). E. Standards for Construction of Roadways (1) All streets shall be constructed completely by the applicant. (2) All public roadways shall be built to the specifications in Table 15-1,Figure 15-1, and the Transect Zone Street Typologies contained within Article 11 unless specifically authorized otherwise by the DRB in its final approval of the subdivision or PUD. (3) All private roadways shall be built to the specifications set forth in this section with the exception of curbing and widths. All private roadways shall be a minimum width of twenty-six (26) feet with parking and twenty (20) feet without parking. (4) Modification of Roadway Standards. (a) In any PUD or non-Transect Zone subdivision, the DRB may specifically authorize modification of the City’s roadway standards in Table 15-1 below if it specifically finds that such modification is in furtherance of Comprehensive Plan policies and the goals for the specific zoning district in which a project is located, and that such modification is consistent with provisions for the public health, safety and welfare and the orderly development of the City. In making such a finding, the DRB shall consider Page 394 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations the recommendation of the City Engineer, Director of Public Works and Fire Chief with respect to the City’s ability to provide public services to the proposed subdivision or PUD. (b) In any Transect Zone subdivision, see Article 11, Transect Zone Street Typologies. Table 15-1 Street Design Standards(1) Arterial Collector Local Private Minimum ROW width 80’ 60’ 50’ n/a Minimum pavement width 48’ 30’ 28’(2) 26’(4)/20’(5) Curbing required? yes yes DRB discretion no Maximum grade 6% 8% 10% Minimum grade 0.5% 0.5% 0.5% Minimum radius of curves(3) 1000’ 500’ 300’ Minimum tangent length between reverse curves 200’ 150’ 100’ Minimum distance between center line offsets 400’ 300’ 200’ Angle at intersection of street center lines 90o 90o 80o-90o Minimum vertical sight distance 400’ 300’ 200’ Minimum horizontal sight distance 800’ 500’ 300’ Maximum grades within 100’ center line of intersection 2% 3% 3% Notes: (1) These standards do not apply for streets within the Transect Zones. Refer instead to Article 11, Transect Zone Street Typologies. (2) Minimum pavement width for local streets intended to serve primarily commercial or industrial uses shall be 32 feet unless determined otherwise by the DRB pursuant to Section 15.12(D)(4) above. (3) Minimum radius of curves shall be measured at centerline of pavement. This standard is acknowledged to vary in order to conform to minimum sight distance requirements. (4) With parking (5) Without parking Page 395 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations Figure 15-1A, Street Detail, Typical Section (1) (1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the Transect Zone Street Typologies within Article 11 shall apply. Page 396 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations Figure 15-1B, Street Details, Residential, Commercial or Industrial Street (1) (1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the Transect Zone Street Typologies within Article 11 shall apply. Page 397 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations Figure 15-1C, Street Details, Streets with Concrete Curbs (1)(2) (1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the Transect Zone Street Typologies within Article 11 shall apply. (2) The use of precast modular permeable concrete products as a sidewalk material are permitted in all locations. Page 398 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations Figure 15-1D, Street Details, Streets without Concrete Curbs(1) (1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the Transect Zone Street Typologies within Article 11 shall apply. Page 399 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations F. Entrances (1) The nearest signalized intersection or those intersections specified by the DRB shall have an overall level of service “D” or better, at the peak street hour, including the anticipated impact of the fully developed proposed PUD or subdivision. In addition, the level of service of each through movement on the major roadway shall have a level of service “D” or better at full buildout. (2) Entrances to PUDs and subdivisions generally shall be separated by a minimum distance of four hundred (400) feet on either side of a public street, in order to ensure safe access and traffic movement into and out of the PUD or subdivision. However, entrances to PUDs and subdivisions may be allowed on opposite sides of a public street if substantially aligned with each other. (3) Signalized entrances to PUDs and subdivisions shall be separated from signalized intersections (measured between the near edges of the driveway and intersection) based on the following street traffic volumes: Table 15-2: Signalized Intersections to PUDs Projected Peak Hour (vph per access lane) Volume Distance (feet) Below 450 300 450-550 350 551-650 400 651-750 450 751 and greater 500 (4) The location and design of project access shall make provisions for improved access management and traffic safety. Specifically, the design of PUD and subdivision access points shall: (a) Maximize the use of secondary streets for access and circulation (b) Align access points with existing intersections and/or curb cuts (c) Consolidate existing curb cuts within the PUD property (d) Provide for safe access to abutting properties (e) Make provisions for safe access, with provisions for appropriate sight distances and accommodations for high-accident locations (f) Provide deceleration, acceleration and/or turn stacking lanes as appropriate to meet the standards in (1) above. (g) Provide adequate curb radii to accommodate the anticipated speeds and types of vehicles. G. Emergency Access. Paved access for emergency vehicles shall be provided to within one hundred (100) feet of the principal entry for multi-family dwellings, and commercial, industrial, and institutional establishments. All streets and highways shall be of sufficient width and suitable grade and shall be so located to facilitate fire protection and coordinated so as to compose a convenient system properly related to the plan. H. Standards for Internal Circulation and Parking. The design of internal circulation patterns and parking areas shall meet the criteria for site plans in Article 14 of these Regulations. For applications in the City Center FBC District, the design shall meet the standards in Article 8 of these regulations. Page 400 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations I. Street Jogs. Street jogs with center line offsets of less than two hundred (200) feet shall not be allowed, unless specifically approved by the DRB for purposes of traffic calming, upon concurrence of the Fire Chief and City Engineer. J. Street End Alternatives. Dead end street designs are shown in Figures 15-1E through 15-1H and are recommended only in residential districts. Hammerhead Turnaround designs, as shown in Figures 15-1F through 15-1H are the City’s preferred street end configuration. Cul-de-sac designs, as shown in Figure 15-1E, are only allowed in residential districts. The length of a dead-end street shall be subject to the review and approval of the Fire Chief and City Engineer and these Regulations. The number of dwelling units served by any dead end street, or system of streets sharing a common single access to an arterial or collector street, shall not exceed fifty (50) unless additional connections to other streets are approved by the Development Review Board after consultation with the City Engineer and Director of Planning & Zoning. If it is reasonably foreseeable that the street will be extended beyond the proposed dead end to connect to new development at some point in the future, the applicant shall provide a plat showing the street area to be returned to adjacent property owners when the extension occurs. In addition, any required sidewalk must be configured in such a manner that it can be utilized during the future road extension, as practical. Figure 15-1E, Typical Cul-de-Sac (1)(2) Page 401 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (1) Where any standards within this Figure conflict with those within the Transect Zone Street Typologies, the Transect Zone Street Typologies within Article 11 shall apply. (2) Grassed and landscaped islands may be used for stormwater treatment and Sections of drop curb surrounding these islands are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection and management infrastructure. Page 402 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations K. Street Names. Streets and their names, as approved by the Planning Commission, shall be identified on the proposed plat. Proposed streets that are obviously in alignment with others already existing and named shall bear the names of existing streets. In no case shall the names for proposed streets duplicate existing street names within the City of South Burlington irrespective of the suffix, be it street, avenue, boulevard, driveway, place or court, or other similar suffix. All street names shall conform to E-911 Regulations, as amended. L. Street Signs and Numbering Systems. All street signs and posts shall be provided and installed by the City at the expense of the subdivider. Directional signs at the entrance of cluster developments and at other appropriate locations shall be provided to identify clearly the address and location of all residential units. All signs shall conform to the South Burlington Sign Ordinance, as amended. M. Sidewalks and Recreation Paths. (1) Unless otherwise provided in the specific regulations in Article 9 (SEQ) or in the City Center Form Based Codes District, sidewalks and/or recreation paths shall be installed along both sides of arterial streets, along both sides of collector streets in commercial areas, along one side of collector streets in noncommercial areas, and along one side of local streets. The specific location of sidewalks and/or recreation paths shall be determined by the DRB. (2) Sidewalk and/or path to curb distance shall be at least five (5) feet or as otherwise approved by the City Engineer (see street details in Figure 15-1) or required by the applicable City Center FBC District Transect Zone. (3) Sidewalks shall be laid out so as to maximize southern exposure. (4) Sidewalks and/or paths in the Transect Zones shall comply with Article 11, Transect Zone Street Typologies. (5) Permanent pedestrian easements, twenty (20) feet in width, may be required through blocks six hundred (600) feet or more in length, or as a continuation of cul-de-sacs, or in conjunction with utility easements in order to facilitate pedestrian circulation within the subdivision or PUD or access to adjoining neighborhoods and public property or community focal points such as parks, schools, and other public property, shopping centers, centers of employment, and community recreation facilities, etc. Additional pedestrian easements shall be reserved in conformance with the pedestrian trail and recreation path systems as indicated in the Official Map and Comprehensive Plan. 15.13 Utility Services A. Utility Easements. Easements of sufficient width shall be provided in locations acceptable to the City Engineer so as to serve both the proposed subdivision and existing and anticipated development outside the subdivision. B. Public Water Service. (1) The existing public utility system shall be extended so as to provide the necessary quantity of water, at acceptable pressure. Construction shall conform to City Water Department requirements as outlined in "Water Department specifications", adopted March 8, 1978 (or as may be amended from time to time). All proposed off-site water line construction plans shall be approved by the Water Department prior to installation. Page 403 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (2) The subdivider or developer may be required to design and install water mains and appurtenances of larger sizes than the immediate need for his development would require in order to conform to the City Water Department and/or Champlain Water District master plan for water main sizes. C. Private/On-Site Water Service. A community system or other means of providing water to the subdivision may be approved by the DRB and shall be designed and installed in accordance with all applicable municipal and state regulations and standards. Community water systems shall be designed in such a way that they may eventually be connected to the municipal water supply system. Evidence of the location and availability of potable water in adequate quantities shall be provided. Due consideration in the location of community or individual water systems shall be given with respect to building sites, roadways, septic systems, flood water levels, and other factors affecting the potability of water supplies. D. Public Wastewater Service (1) The subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off-lot wastewater is proposed. The subdivider or developer is required to provide such pumping and other facilities as may be necessary. (2) If, due to planning for future subdivision or future users, the subdivider or developer is requested by the Development Review Board to over-design and over-build said utilities or portions thereof so that future users may connect onto the system, the City shall pay the difference between the cost of the improvements necessary for the subdivision and the cost of over-designing and over-building. (3) Any such Development Review Board request to over-design and over-build said utilities shall be submitted by the Development Review Board to the City Council for approval. If the Council fails to approve the over-design and over-build request within the time set out for preliminary approval, it shall be deemed rejected and the developer or sub-divider shall not be required to so over-design and construct as requested by the Development Review Board. (4) Applicants shall comply with applicable provisions of the South Burlington Sanitary Sewerage and Stormwater Ordinance with regard to public wastewater capacity, allocation and fees. In the event there is insufficient capacity for new wastewater connections at the time of a PUD or subdivision application, the Planning Commission may approve a Sewer Policy containing administrative guidelines for review of any proposed subdivision that are awaiting certification of sufficient sewer capacity. E. Utility Lines. New electric, telephone, outdoor lighting and cable TV distribution systems shall be underground. The subdivider or developer shall coordinate subdivision design with the utility companies to insure adequate and suitable areas for underground installation, both for the proposed subdivision, and area adjacent to the subdivision. F. Stormwater Management. Any new subdivision or PUD shall meet the City’s standards pursuant to Article 12 of these regulations. 15.14 Required Public Facilities and Improvements A. General Standards. All required improvements shall be designed and installed in accordance with the design standards, development requirements, specifications and procedures set forth in these regulations and other applicable City regulations and standards. Typical plans and sections are attached to these regulations. Page 404 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations Said installation and design standards apply to both public and privately owned required improvements. Proposed privately owned streets and other improvements shall be marked as such on the final plat. B. Reference Monuments. Permanent reference monuments shall be set in concrete for all corners and angle points of the boundaries of the subdivision and as required by the City Engineer for new roads. Lot corner markers shall be set at corners and angle points of all lots, plots, or parcels, and located in the ground to finish grade. C. Modification of Design or Improvements. If at any time after approval before or during the construction of the required improvements, the subdivider demonstrates that unforeseen conditions make it necessary or preferable to modify the location or design of structures, utility cabinets, curb cuts, roads, parking lots, lighting, or landscaping, such minor alterations may be authorized by the Administrative Officer pursuant to the standards in Section 14.05(I) for as-built plans and field changes, upon the advice of the City Engineer. Such authorization may be provided if the proposed changes are within the spirit and intent of the Development Review Board's approval and that they do not waive or substantially alter the function of any improvements previously required by the Development Review Board. The modification of minor engineering or construction details or improvements may be authorized by the City Engineer without further approval, provided such changes do not alter the approved function, location or design of structures, curb cuts, roads, or parking lots. D. Inspection of Improvements. (1) At least seven (7) days prior to commencing construction of any required improvements(s), the subdivider shall advise the City Engineer, in writing, when the construction of required improvements(s) shall begin and thereafter shall conform to any inspection schedule as may be set forth by the City Engineer. Inspections shall be carried out so as to assure satisfactory completion of improvements or stipulations required by the Development Review Board. A written record of inspections shall be maintained. (2) The City Engineer may, at his discretion, designate a qualified inspector other than himself to perform inspections as needed during the installation of required improvements and attest to the satisfactory completion of such work. E. Proper Installation of Public Facilities and Improvements (1) Prior to construction of required public facilities and improvements, the subdivider or developer shall submit contract documents and working drawings, certified by a licensed engineer, for the required improvements to the City Engineer or his designee for approval. The City Engineer or his designee shall give his approval or denial within a period of two weeks. If requested by the subdivider or developer, the City shall make reasonable periodic inspections and, as soon as possible, in writing, notify the subdivider or developer of any deficiencies found. (2) Within fourteen (14) days of completion of the public facilities and improvements, the subdivider or developer shall submit to the City Engineer as-built construction drawings, certified by a licensed engineer. The City Engineer shall then inspect the required public facilities and improvements within forty- five (45) days after said submission and determine if all the required improvements have been constructed in accordance with the submitted drawings and the final plat approval. He/she shall report 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, Page 405 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations 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 Treasurer release 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 of Credit. A. Public Facilities and Improvements. (1) As used in Sections 15.14, 15.15 and 15.16, public facilities and improvements@ shall include, without limitation, streets, sidewalks, recreation paths, curbing, water and sewer mains and pipes, stormwater infrastructure, pipes and catch basins, fire hydrants, parks, recreational facilities and other improvements which are public or are intended to become public. (2) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to cover the full costs of all proposed public facilities and improvements and ancillary site improvements and their maintenance for two years after completion. (3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has 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. (4) Partial release of bond, escrow accounts or letters of credit for public facilities and improvements. Upon a determination by the City Engineer that a phase of the construction of public facilities and improvements is complete as provided in Article 15.14(E)(2), the Administrative Officer may recommend that the City Treasurer approve a partial release of the amount of the bond, escrow account or letter of credit equivalent to the phase or portion of the completed construction, up to a maximum of 90% of the original amount. Any amounts that the City Treasurer releases shall not exceed the proportion of the total project that has been built, up to a maximum of 90% of the original amount. The remaining 10% of the original amount of the bond, escrow account or letter of credit only shall be released upon the determination of the City Engineer that the public facilities and improvements have been maintained for two years after the City Engineer determined the public facilities and improvements to be complete. Upon a determination by the City Engineer that the public facilities and improvements have been maintained as provided within the term of the bond, escrow account or letter of credit, the Administrative Officer may recommend that the City Treasurer approve the release of the remaining 10% of the original amount. B. All other bonds, escrow accounts, or letters of credit required by these Regulations, including but not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required demolition and removal of buildings. (1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee all landscaping and plantings as required under Article 14, and any site restorations or rehabilitations as required under Article 3 or Article 13, for a period as described in this section. Page 406 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (a) For development with a total landscaping budget requirement of $2,000 or less, no performance bond, escrow account, or letter of credit shall be required. (b) For development with a total landscaping budget requirement of over $10,000, the required amount for performance bond, escrow account, or letter of credit shall be $10,000, plus fifty percent (50%) of the landscaping budget amount over $10,000. Example: a development with a total required landscaping budget of $20,000 shall have a performance bond, escrow account, or letter of credit of not less than $15,000. (2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of buildings required by Article 3.09. Bonds, escrow accounts or letters of credit for the demolition and removal of a principal building upon the construction and occupancy of a new principal building, as required by Article 3.09 of these Regulations, shall run for a period of two (2) years. The Administrative Officer may recommend that the City Treasurer approve the release of the bond, escrow account or letter of credit upon a demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or developer does not demonstrate compliance with Article 3.09(E)(3) 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) 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 bond, 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 equal to: 100% of the estimated project costs for public facilities and improvements, plus a 15% contingency; or 100% of the estimated project costs for all other types of bonds required by these Regulations. The applicant, subdivider or developer shall be responsible for 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 Board. The Board may invoke technical review to confirm the accuracy of estimates. D. Form of Bonds, escrow accounts, and letters of credit. The form of any such bond, escrow account, or letter of credit shall be approved by the City Attorney and City Council and shall include procedures for the City to make use of such funds in accordance with 24 VSA § 4464. E. "As-built" construction drawings and plans shall be submitted in paper and digital form to, and approved by, the City Engineer, prior to the release of any bonds, or portions thereof, for the installation of all required improvements. 15.16 Acceptance of Streets and Required Public Facilities and Improvements The approval by the Development Review Board of a PUD or subdivision plat or a site plan shall not be deemed to constitute or be evidence of any acceptance by the City of any streets, easements, water and sewer facilities, or open space, or other public facilities and improvements shown on the subdivision plat or site plan. Final acceptance of all proposed streets and required public 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 Page 407 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations 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 guarantee work for a two-year period, have been released or closed. 15.17 Certificate of Title The final plat application for a minor or major subdivision or PUD shall be accompanied by a Certificate of Title showing the ownership of all property and easements to be dedicated or acquired by the City, and said Certificate of Title shall be approved by the City Attorney. All proposed legal documents purporting to convey property or easements to the City shall also accompany the final plat application for a minor subdivision or major subdivision, and be approved by the City Attorney. 15.18 Criteria for Review of PUDs, Subdivisions, Transect Zone Subdivisions, and Master Plans A. General Standards. In all zoning districts of the City, the DRB shall make findings of fact on a PUD, subdivision Transect Zone subdivision, and/or Master Plan in keeping with the standards for approval of subdivisions in Article 15 and/or site plans and conditional uses in Article 14 For PUD, subdivision and/or Master Plan applications within the SEQ, IO and R1-Lakeshore districts, the DRB shall also make positive findings with respect to the project’s compliance with the specific criteria in this section. The general standards applicable to all PUDs, subdivisions, Transect Zone subdivisions, and Master Plans are, except as noted below: (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project in conformance with applicable State and City requirements, as evidenced by a City water allocation, City wastewater allocation, and/or Vermont Water and Wastewater Permit from the Department of Environmental Conservation. (2) Sufficient grading and erosion controls will be utilized during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the DRB may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation.(3) The project incorporates access, circulation and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. In making this finding the DRB may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. (4) The project’s design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. In making this finding the DRB shall utilize the provisions of Article 12 of these Regulations related to wetlands and stream buffers, and may seek comment from the Natural Resources Committee with respect to the project’s impact on natural resources. (5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. For Transect Zone subdivisions, this standard shall apply only to the location of lot lines, streets and street types, and natural resources identified in Article XII of these Regulations. (6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. For Transect Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article XII of these Regulations and proposed open spaces to be dedicated to the City of South Burlington. Page 408 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for approval including, but not be limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. All aspects of fire protection systems shall be designed and installed in accordance with applicable codes in all areas served by municipal water. This standard shall not apply to Transect Zone subdivisions. (8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. For Transect Zone subdivisions, this standard shall only apply to the location and type of roads, recreation paths, and sidewalks. (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). (11) The project’s design incorporates strategies that minimize site disturbance and integrate structures, landscaping, natural hydrologic functions, and other techniques to generate less runoff from developed land and to infiltrate rainfall into underlying soils and groundwater as close as possible to where it hits the ground. For Transect Zone subdivisions, this standard shall apply only to the location of natural resources identified in Article XII of these Regulations. B. Industrial-Open Space District. A Master Plan and/or PUD in the Industrial-Open Space District shall comply with the following standards: (1) Open space and development areas shall be located so as to maximize the aesthetic values of the property in keeping with the Comprehensive Plan goal of preserving and enhancing the open character, natural areas, and scenic views of the Quadrant, while allowing carefully planned development. (2) Open space and any buffering shall be located in a manner that minimizes impacts on adjacent residential uses, if any. C. R1-Lakeshore District. A Master Plan shall be required for development of more than ten (10) residential units in a five (5) year period in the R1-Lakeshore District. Development pursuant to a Master Plan shall be subject to the following supplemental standards: (1) Gross residential density shall be allowed to be increased to seven (7) dwelling units per acre (2) Dwelling units shall not exceed two and one-half (2 ½) stories in height. (3) The layout of the PUD conforms to the City’s Official Map with respect to the layout of roads and open spaces. (4) The proposed PUD maximizes the lakeshore recreation and access opportunities and the conservation of historic resources. (5) The proposed PUD protects the visual integrity of the lakeshore. Page 409 ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT South Burlington Land Development Regulations 15.19 Minor Lot Line Adjustments A. Any application for a minor lot line adjustment shall be accompanied by a plat prepared by a Vermont licensed land surveyor and indicating all lots that are proposed to be modified as a result of the proposed lot line adjustment. The survey shall be sufficient to clearly indicate the area, metes, bounds, and ties of each of the affected lots. The survey shall include all structures and site improvements and delineate all building/structure setbacks, lot coverage, parking spaces and any other details as may be specified by the Administrative Officer. B. The Administrative Officer shall approve an application for a minor lot line adjustment, provided that the following criteria are met: (1) No new lots are created through the adjustment; (2) The sale or exchange of parcels of land is between adjacent property owners; (3) The relocation of the lot-line does not result in the creation of a non-conforming lot, structure or use; and, (4) The proposed change does not violate any conditions imposed from prior municipal approvals. C. Where, there is uncertainty as to whether an application comprises a minor lot line adjustment, the Administrative Officer may refer the application to the Development Review Board for review as a subdivision of land. Page 410 ARTICLE 16 CONSTRUCTION and EROSION CONTROL STANDARDS South Burlington Land Development Regulations 16 CONSTRUCTION and EROSION CONTROL STANDARDS 16.01 Purpose 16.02 Applicability 16.03 Standards for Erosion Control during Construction 16.04 Excavation and Grading 16.01 Purpose It is the purpose of this Article to provide standards for proper erosion control and landscaping during and after land development activity in the City in order to prevent the adverse effects of erosion and runoff on the City’s residents, surface waters, and air quality. 16.02 Applicability Nothing in this Article shall be interpreted to supersede applicable permit conditions in an applicable permit issued by a superseding authority, including but not limited to those issued by the Vermont Department of Environmental Conservation or a permit issued by the Vermont Environmental Board pursuant to 24 VSA Chapter 151 (Act 250). 16.03 Standards for Erosion Control during Construction A. Natural Cover. Land shall be subdivided and improved in reasonable conformity to existing topography in order to minimize grading, cut and fill, and to retain, insofar as possible, the natural contours, and to limit storm water runoff, and to conserve the natural cover and soil. After application for approval has been submitted to the Development Review Board, no topsoil, sand or gravel shall be removed from the subdivision for any other purpose than to meet construction needs of that particular subdivision or to meet any requirements of these regulations. B. Erosion and Sediment Control. (1) The smallest practical area of land should be exposed at any one time during development. When land is exposed during development, the exposure should be kept to the shortest practical period of time. Areas of disturbance must have temporary or permanent stabilization within 21 days of initial disturbance. (2) Land shall not be left exposed between October 15 and April 15. (3) Where necessary, temporary vegetation and/or mulching and structural measures shall be required by the Development Review Board to protect areas exposed during the development. (4) Sediment basins (debris basins, desalting basins, or silt traps) shall be installed and maintained during development to remove sediment from run off water and from land undergoing development. (5) The permanent final vegetation and structures shall be installed as soon as practical in the subdivision. Exposed soil must be seeded and mulched or covered with erosion control matting within 48 hours of final grading. (6) Adequate and permanent measures shall be taken at culvert outfalls to minimize or prevent erosion and disruption of drainageway areas. C. Site Restoration. After completion of construction, suitable grading or seeding shall be done to restore the condition of any disrupted portion of a site. Page 411 ARTICLE 16 CONSTRUCTION and EROSION CONTROL STANDARDS South Burlington Land Development Regulations 16.04 Excavation and Grading A. General. All excavating and filling required for construction of improvements shall be as specified within this Section. The entire area of work shall be brought to the required lines and grades by excavation or filling. Excavation material, if suitable, may be used in making embankments and in filling low areas. A minimum of four (4) inches of top soil shall be provided to cover overall finished slopes. This material shall be spread uniformly over all finished slopes. All streets shall be graded from property lines to property line to approved grade and cross section. B. Fill. No stumps, wood, roots, sod, other fibrous materials or refuse shall be used as fill. C. Embankments. Embankments shall be formed of suitable and acceptable excavated materials and brought to the required lines and grades. The materials for embankment shall be placed in successive horizontal layers not exceeding six (6) inches in depth extending across the entire fill area. They shall be spread by a bulldozer or other acceptable method, and shall be thoroughly compacted. Where embankments are made of rock, the rock shall be so deposited that all voids are filled with earth and in such a way that the compaction specified above may be secured. D. Subgrade. Upon completion of filling and excavating, the subgrade shall be formed to the required grade and contour, and the entire surface again rolled as specified above. High spots shall be removed and low spots filled with the acceptable material and the process of leveling and rolling continued until no further depression results. E. Side Slopes. Side slopes in embankments and on roadside drainage ditches shall descend one (1) foot vertically for at least each two (2) feet horizontally (2 on 1). Surplus material resulting from excavation of the road prism shall be used to flatten slopes of embankment so that they ascend one (1) foot vertically for at least (2) feet horizontally (2 on 1). Side slopes in excavation rock shall ascend six (6) feet vertically for at least each one (1) foot horizontally (1 on 6). Where rock cuts have a face higher than ten (10) feet vertically, a three (3) foot berm shall be provided at each ten (10) foot level above the grade at the edge of the pavement. Side slopes shall not be graded so as to extend beyond the limits of the street right-of-way onto land not part of the subdivision unless a suitable slope easement has been properly established and granted by the affected property owner. Page 412 ARTICLE 17 ADMINISTRATION and ENFORCEMENT South Burlington Land Development Regulations 17 ADMINISTRATION and ENFORCEMENT 17.01 General Provisions 17.02 Zoning Permits 17.03 Certificates of Occupancy 17.04 Expiration of Permits and Approvals 17.05 Revocation of Permits and Approvals 17.06 Fees, notifications, and digital submissions 17.07 Planning Commission 17.08 Development Review Board 17.09 Administrative Officer 17.10 Advisory Committees 17.11 Amendments to Regulations and Maps [reserved] 17.12 Violations [reserved] 17.13 Penalties [reserved] 17.14 Appeals 17.01 General Provisions A. Applicability of Vermont Planning and Development Act. Administration and enforcement of these regulations, the effect of the adoption of these regulations, the appointment and powers of the Administrative Officer, the appointment and powers of the Development Review Board, the requirement for zoning permits and certificates of occupancy/compliance, penalties and remedies, administration and finance, public notice, appeals and granting of variances and other related provisions of Chapter 117 and Title 24, Vermont Statutes Annotated, known as the Vermont Planning and development Act, shall be applicable to these regulations, as such provisions now provide or may hereafter be amended. [reserved] 17.02 Zoning Permits A. Zoning Permit Required. No land development may be commenced within the area affected by these regulations without a zoning permit issued by the Administrative Officer. No zoning permit may be issued by the Administrative Officer except in conformance with these regulations and the provisions of the Vermont Planning and Development Act. Any applicant for a zoning permit shall provide the Administrative Officer with any and all information the Administrative Officer deems necessary to ascertain compliance with these zoning regulations. Such permit shall not be effective until the time for appeal has expired, or such appeal has been adjudicated, in accordance with the Vermont Planning and development Act. 17.03 Certificates of Occupancy A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer conditioned upon the requirements below. B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single- family or two-family dwellings, except as specifically listed below: Page 413 ARTICLE 17 ADMINISTRATION and ENFORCEMENT South Burlington Land Development Regulations (1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2) Certificates of Occupancy are required for single and two-family dwellings that are Inclusionary Units within the applicable locations defined in Section 18.01(B)(1) (Applicability-Zoning Districts and Locations. (3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. (4) Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. C. Final Inspection and Certificate Issuance. Within thirty (30) days after notification in the form of a complete application made to the Administrative Officer that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Administrative Officer to have made a final inspection thereof and issue a certificate of occupancy if the project is found to conform with the provisions of this ordinance. D. Temporary Certificate of Occupancy. Upon written request of the owner or his authorized representative, the Administrative Officer may issue a temporary certificate of occupancy for the purposes described above provided the owner or his authorized representative can demonstrate that any and all City approvals or permits have been obtained and complied with to the fullest extent possible, barring uncontrollable factors such as inclement weather that may have prevented final paving or installation of required landscaping. The temporary certificate of occupancy shall remain in effect for a period not to exceed six (6) months at which time the owner or his representative must obtain a certificate of occupancy as provided in Sections 17.03(A) and (C) above. No more than one (1) temporary certificate of occupancy may be issued per approval. 17.04 Expiration of Permits and Approvals A. Zoning Permits. A zoning permit shall expire one (1) year from its date of issue unless viewed as a whole, the work, time, and expenditures invested in the project demonstrate a continued good faith intent to presently commence upon the permitted project. B. Expiration of Approvals. All site plan, conditional use, variances, design review, and miscellaneous application approvals shall expire six (6) months from the date of their approval by the Development Review Board or Administrative Officer, unless: (a) A zoning permit is issued for the project; (b) The Development Review Board or Administrative Officer has granted a longer period for a multi- phase development or for other projects that may reasonably require a longer period before commencement of the permitted project; or, (c) The Development Review Board or Administrative Officer has approved a request for extension of the approval. The Board or Administrative Officer may approve one (1) extension to an applicant of an approval if reapplication takes place before the approval has expired and if the Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Board or Administrative Officer may specify a period of time of up to one (1) year for the extension. A. Subdivision Approvals. [reserved] 17.05 Revocation of Permits and Approvals [reserved] Page 414 ARTICLE 17 ADMINISTRATION and ENFORCEMENT South Burlington Land Development Regulations 17.06 Fees, notifications, and digital submissions A. Fees and digital submissions. The City Council shall prescribe and may revise by resolution reasonable fees to be charged with respect to the administration of these regulations. Such fees shall incorporate the cost of public warning of applications. All applications subject to site plan review, and all applications before the Development Review Board, shall include a digital copy of all materials submitted. 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. 17.07 Planning Commission A. Authorization. The Planning Commission is established via the City Charter, 24 V.S.A. App §13-701. B. Members and Terms of Office. Membership and Terms of Office for the Planning Commission are set forth in the City Charter, 24 V.S.A. App §13-701. All members shall be appointed by the City Council. All members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable expenses. All members of the Planning Commission shall be residents of the City of South Burlington. C. Powers, Duties, and Procedural Rules. The Planning Commission shall elect its chair, vice-chair and a clerk and shall exercise all powers and duties as provided for in the City Charter, 24 V.S.A. App. § 13-702. 17.08 Development Review Board A. Authorization. The South Burlington Development Review Board is established by the City Council via resolution in accordance with 24 V.S.A. §4460. B. Members. Board membership is set forth in 24 V.S.A. §4460 and as adopted by City Council resolution. All members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable expenses. C. Term of Office. Four Board members shall have terms of four years and three board members shall have terms of three years. D. Procedural Rules. The Development Review Board shall elect its own officers, adopt rules of procedure, and operate pursuant to 24 V.S.A. §4461. E. Powers and Duties. In connection with any proceeding: (1) The officers of the development review board may administer oaths and compel the attendance of witnesses and the production of material germane to any issue under appeal. (2) The board may set such reasonable fees for filing notices of appeal and other acts as it deems proper; the payment of which shall be a condition to the validity of such filing or act under Title 24, Chapter 117. (3) The board may examine or cause to be examined any property, maps, books, or records bearing upon the matters concerned in such proceeding, (4) The board may require the attendance of any person having knowledge in the premises. (5) The board may take testimony and require proof material for its information. (6) The board may administer oaths or take acknowledgment in respect of such matters. (7) The Development Review Board may require an applicant to pay for reasonable costs of an independent technical review of the application. The Development Review Board may table review of the application pending receipt of an independent technical review. Page 415 ARTICLE 17 ADMINISTRATION and ENFORCEMENT South Burlington Land Development Regulations Independent Technical Reviews. Pursuant to 24 V.S.A. § 4440(d), the Development Review Board may require an applicant for land development that requires any type of development review approval to pay for the reasonable costs of an independent technical review of the application. This may include professionals qualified to review traffic studies, environmental impact analyses, fiscal impact analyses, or any other document or study needed to ensure conformance with these regulations. Accordingly: (a) The Development Review Board, with assistance from Department of Planning and Zoning Staff, shall prepare a scope for the technical review. The scope shall address the review criteria upon which the Development Review Board is required to base its decision on the application and require that the review be completed in a timely manner. (b) Department of Planning and Zoning Staff, on behalf of the Development Review Board shall retain a competent consultant, licensed individual or company qualified in the pertinent field(s) to conduct the independent review. (a) (c) The cost of the review shall be paid for by the applicant. F. Public Hearings and Meetings. The Development Review Board must schedule and hold a warned public hearing or public meeting for all applications, as required under 24 V.S.A. §§ 4463 and 4464. (1) Public Hearings: (a) All Public Hearings for applications and appeals must be warned in accordance with the provisions of 24 VSA 4464(a). (i) Supplemental to the requirements of 24 VSA 4464(a), applications for Master Plan and Subdivision Preliminary Plat shall be warned in accordance with the provisions of 24 VSA 4464(a)(1). (b) For preliminary and final subdivision applications, in addition to other parties, the hearing notice shall also be sent by the applicant, at least fifteen (15) days prior to the hearing date, to the clerk of an adjoining municipality, if the proposed subdivision is located within 500 feet of a city boundary, as required under § 4463. (c) For all applications and appeals, the DRB may request additional information and testimony during the hearing process as necessary to determine project compliance with these Regulations; and may recess the hearing on an application for a specified period of time, in order to continue review, receive additional testimony or information or determine if additional testimony is required to render a decision. (d) For all applications and appeals, the applicant/appellant or their duly authorized representative must attend all DRB meetings on the application, including scheduled site visits, public meetings, and hearings that are recessed to a specified date and time. The DRB may disapprove the application if the applicant or their authorized representative fails to attend required meetings, provide requested information within a reasonable time period, or actively participate in the hearing process. (2) Public Meetings (Sketch Plan only): (a) Meetings for Sketch Plan applications shall be noticed in accordance with provisions for 24 VSA 4464(a)(2). (b) The DRB may request additional information during the meeting process as necessary to provide guidance on project compliance with these Regulations; and may recess the meeting on an application for a specified period of time, in order to continue review, receive additional information or determine if additional testimony is required to provide sufficient guidance. Page 416 ARTICLE 17 ADMINISTRATION and ENFORCEMENT South Burlington Land Development Regulations (c) The applicant or their duly authorized representative must attend the scheduled DRB meeting to present and discuss the proposed subdivision and sketch plan in concept. The DRB may schedule additional meetings as needed, or as requested by the applicant, to consider supplemental information or alternative conceptual designs. 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. 17.09 Administrative Officer A. Authorization. The City of South Burlington may appoint an Administrative Officer and Assistant Administrative Officers pursuant to the City Charter. B. Powers & Duties. (1) The Administrative Officer and Assistant Administrative Officers shall have all authorities granted by the City Charter, State Statutes, and these Regulations. (2) The Administrative Officer and Assistant Administrative Officers may require an applicant to pay for reasonable costs of an independent technical review of the application in accordance with the procedures of Section 17.08(E)(7). C. Application Referrals to the DRB. For all applications subject to Development Review Board review, the Administrative Officer must refer a complete application, to the DRB within thirty days of the date of receipt as specified under 24 V.S.A. § 4448. (1) The Administrative Officer must also refer the application to other city officials and departments as applicable to the proposal; (2) The Administrative Officer must also refer the application to advisory committees authorized to review applications under these Regulations as applicable to the proposal, in accordance with 24 V.S.A. § 4464, and adopted city policies, standards and procedures. (3) The Administrative Officer must also refer the application to other applicable state authorities as required by law. An application for land development that requires improvements within or encroaches upon a mapped floodplain or river corridor must be referred to the Agency of Natural Resources or its designee for review and comment under 24 V.S.A. § 4424. 17.10 Advisory Committees A. Authorization. South Burlington City Council may appoint one or more advisory committees in accordance with 24 V.S.A. §4433. B. Membership and terms of office. Advisory committee membership and terms of office are set forth in 24 V.S.A. §4433 and as adopted by City Council resolution. C. Powers, Duties, and Procedural Rules. Advisory committees shall elect its own officers, adopt rules of procedure, and operate pursuant to 24 V.S.A. §4433, §4461 and §4464(d). Page 417 ARTICLE 17 ADMINISTRATION and ENFORCEMENT South Burlington Land Development Regulations 17.11 Amendments to Regulations and Maps [reserved] 17.12 Violations [reserved] 17.13 Penalties [reserved] 17.14 Appeals An interested party may appeal any decision or act of the Administrative Officer to the Development Review Board within fifteen (15) days of the date of the decision or act in accordance with 24 V.S.A. §4465. Page 418 ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations 18. AFFORDABLE HOUSING STANDARDS 18.01 Inclusionary Zoning 18.02 [Reserved] Affordable Housing Density Bonus 18.03 Housing Preservation 18.01 Inclusionary Zoning A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the applicable locations defined in subsection (B)(1) (Applicability – Zoning Districts and Locations) of this article of the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for the following purposes: (1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent with the South Burlington Comprehensive Plan, as most recently amended; (2) To implement policies that support achievement of housing goals, objectives, and targets included in the South Burlington Comprehensive Plan as most recently amended; (3) To affirmatively address the current and anticipated need for affordable housing units among low- and moderate-income South Burlington households that pay more than 30% of their income on housing, as described in state law (24 VSA § 4303(1)); (4) To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate-income households on the cost and supply of land and infrastructure available for affordable housing development in the applicable locations; (5) To promote the integrated development of mixed-income housing in the applicable locations, including a range of housing options needed to strengthen, diversify, and contribute to the vitality of the South Burlington community; (6) To promote the development of affordable housing opportunities that are available in locations accessible to goods and services and served by existing or planned public transit services; (7) To ensure that affordable housing units developed under inclusionary zoning remain perpetually affordable. (8) To provide integrated development incentives that contribute to the economic feasibility of providing affordable housing units. B. Applicability (1) Zoning Districts and Locations. Inclusionary Zoning shall apply in all zoning districts and overlay zoning districts that permit residential uses. in the following areas (see also Figure 18-1): (a) All zoning districts that permit residential development and underlie the Transit Overlay District; (b) The parts of the Center City Form-Based Code district that do not underlie the Transit Overlay District; (c) The land in the vicinity of Hinesburg Road that does not underlie the Transit Overlay District and is bounded by Interstate 89 in the southerly direction and the Transit Overlay District in the northerly direction; and Page 419 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-2 South Burlington Land Development Regulations (d) The entire area of a parcel or PUD, whichever is greater, that includes land located in any one of the areas listed in Subsections (B)(1)(a)-(c) of this Article. FIGURE 18-1 INCLUSIONARY ZONING APPLICABLE AREA (2) Covered Development. (a) Except as otherwise provided in this bylaw, the provisions of this section shall apply in the locations defined in Subsection (B)(1) (Applicability – Zoning Districts and Locations) to any development, notwithstanding any phasing of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, Planned Unit Development, new construction, or the conversion of an existing structure or structures from non-residential to residential use. Page 420 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-3 South Burlington Land Development Regulations (b) Congregate Care. In addition, the provisions of this section shall apply to any development within the locations defined in Subsection (B)(1) that will result in the creation of twelve (12) or more units of permanent housing as a congregate care facility, with the exceptions in (3)(b) below. These housing units shall be treated as rental dwelling units for purposes of determining the minimum percentage that must be Inclusionary Rental Units. No Residential Unit Offset or Density Bonus may apply for any type of housing unit for which these regulations do not establish a numerical density limitation. When a development includes both dwelling units and housing units permitted as congregate care housing, the number of required inclusionary units shall be determined by the sum of the dwelling units and the housing units contained in the congregate care facility, and distributed proportionally between the two uses. Example: in a development with 40 congregate care housing units and 20 rental residential dwelling units, six (6) of the congregate care housing units are required to be Inclusionary units and three (3) of the residential dwelling units are required to be Inclusionary units. (c) For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: (i) The developments are located on abutting properties; and (ii) The developments are owned or controlled by the same person; and (iii) Each of the developments was or is subject to Inclusionary Zoning requirements under Land Development Regulations adopted by the City; and (iv) One or more of the developments consists of fewer than twelve (12) dwelling units; and, (v) Either: (I) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five-year period, which period shall be measured from the date a proper and complete application is first submitted, or (II) A master plan exists, as approved by the City, which includes two or more of the developments. (d) Previously Approved Master Plans (i) The provisions of this section shall apply in the locations defined in Subsection (B)(1) of this Article Section to any portion of a Master Plan approved after January 1, 2020, that will result in the creation of twelve (12) or more total dwelling units for which the City has not received a complete application for preliminary plat approval and/or site plan approval. The addition of offset residential units allowed under Section F of this Article alone shall not be considered a deviation of the an approved master plan approved prior to ******* [effective date of these Regulations] pursuant to Section 15.07(D) of these regulations that requires amendment of the master plan. (ii) The provisions of this section shall apply in the locations defined in Subsection (B)(1) of this Article to any portion of an approved master plan proposed for an amendment that includes an increase in the number of dwelling units and/or adding land to the master plan. (3) Exemptions. The following developments are exempt from these requirements: Page 421 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-4 South Burlington Land Development Regulations (a) Projects that are developed by an educational institution for the exclusive residential use and occupancy of its students. (b) Institutional, group homes or group quarters housing, including long-term care facilities. (c) The redevelopment of existing dwelling units in a project that produces no additional units. C. Inclusionary Units (1) For covered development, at least fifteen percent (15%) of the total dwelling units offered for rent. Inclusionary Rental Units and at least ten percent (10%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be Inclusionary Ownership Units. Prior to or upon request for the Certificate of Occupancy the applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm that the offered rents or sales prices meet these requirements prior to issuance of the Certificate of Occupancy. In addition: (a) Where the application of this formula results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When a covered development results in 12 or more lots that are sold prior to development, 10% of the lots must include deed restrictions that satisfy these inclusionary zoning requirements. (2) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Subsection 18.01(E)(1)(b) (Off-Site Construction) of this Article. (b) Integrated into the overall project layout and similar in architectural style and outward appearance to market rate units in the proposed development. (i) Inclusionary units shall be physically integrated into and complement the overall layout, scale, and massing of the proposed development; this criterion may be achieved in a single building or multiple buildings. (ii) Inclusionary units shall be constructed with the same exterior materials and architectural design details quality of those of the market rate units in the development. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. (iii) Inclusionary units shall be no less energy efficient than market rate units; (iv) Inclusionary units may differ from market rate units with regard to both interior amenities and amount of Habitable Area. However, the minimum Habitable Area of inclusionary units shall be 450 square feet for studios, 650 square feet for 1-bedroom units, 900 square feet for 2- bedroom units and 1,200 square feet for three (3) or more bedrooms. If the average (mean) area of the Habitable Area of the market rate units is less than the minimum area required for the Habitable Area of inclusionary units, then the Habitable Area of the inclusionary units shall be no less than 90% of the average (mean) Habitable Area of the market rate units. (v) Inclusionary units developed as part of a housing development of predominantly market rate duplexes and/or multi-family dwellings may be of varied types. Inclusionary units developed as part of a predominantly-single-family housing development may be accommodated in buildings Page 422 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-5 South Burlington Land Development Regulations containing up to four (4) dwelling units that have the appearance of single family homes through their scale, massing, and architectural style. (vi) There shall be no indications from common areas that these units are inclusionary units. (vii) The average (mean) number of bedrooms in the inclusionary units shall be no fewer than the average number of bedrooms in the market rate units. For projects involving 50 or more dwelling units, the applicant shall provide a revised estimate to the Administrative Officer at each interval of 50 dwelling units; the revised estimate shall account for the differences in estimates vs. actuals for the units permitted to date and shall apply to inclusionary units for which the Administrative Officer has not issued a zoning permit. (viii) Unfinished space within an Inclusionary Ownership Unit that is not initially constructed as bedroom, but which can be converted to such, may count as a bedroom. No more than one (1) bedroom per inclusionary ownership unit may be counted in this manner. (c) Constructed and made available for occupancy concurrently with market rate units. The applicant shall provide a proposed phasing plan demonstrating concurrent development and occupancy of the market rate units and the inclusionary units. The Development Review Board may attach conditions necessary to assure compliance with this section and may, based on documentation from a financial institution denying financing or on physical site constraints, approve a plan allowing non-concurrent construction of the inclusionary units. D. Affordability Requirements. The basis for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices is updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section. (1) Maximum rent and purchase prices (a) For Inclusionary Rental Units, the maximum monthly rent that may be charged is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). When any component of the rental housing costs is excluded, the maximum rent that may be charged is reduced accordingly. (b) For Inclusionary Ownership Units, the maximum monthly housing cost that the owner(s) may be required to pay is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). (c) Maximum rent and purchase price calculation. Maximum rents and Purchase Prices for Inclusionary Units are calculated based on three components: housing costs, area median income targets, and the number of bedrooms in the inclusionary unit. (i) Housing shall include: (I) For Inclusionary Rental Units – rent and utilities (water, electricity and heating costs). (II) For Inclusionary Ownership Units – mortgage principal and interest, annual property taxes, average annual homeowner’s insurance premiums, and average annual Page 423 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-6 South Burlington Land Development Regulations mortgage insurance premiums, and 50 % of annual condominium or homeowners’ association fees. (ii) Area Median Incomes (AMI) Targets. HUD estimates the Area Median Income for households residing in the Burlington-South Burlington Metropolitan Statistical Area (MSA) and, in addition, for households of varying sizes residing in the MSA. HUD also calculates AMI ratios, including 80% AMI, for households of varying sizes in the MSA. HUD publishes this AMI-based annual household income information annually. Maximum rents and sales prices shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (iii) Number of bedrooms. Rental and purchase prices of inclusionary units are not linked to the size of the household that rents or purchases the inclusionary unit. Number of bedrooms is used to define a household size linked to the specific unit. The use of “number of bedrooms” for this purpose is explained under the Vermont Housing Data website’s annual maximum rent and purchase price tables entitled “Maximum rent and purchase price affordability thresholds by income and household size”. (2) Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is determined based on three components: Household Size, Household Income and Annual Median Income (AMI) targets for Inclusionary Units. The AMI amounts for applicants seeking to rent or purchase an Inclusionary Unit shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (a) For renters, households, regardless of household size, are eligible for inclusionary rental units so long as their combined household income does not exceed 80% AMI. (b) For home-buyers, households, regardless of household size, are eligible for inclusionary ownership units so long as their combined household income does not exceed 100% AMI. (3) Flexibility between maximum rent and purchase prices and eligible renter or purchaser households. (a) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit with a rent or purchase price linked to a household size (derived from number of bedrooms) that is not the same as the eligible Household’s size. Examples: ● a two-person household may purchase a three-bedroom house or condominium. ● a three-person household may rent a one-bedroom apartment. (b) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit with an AMI target that is higher than the eligible Household’s AMI percentage. Examples: ● a three-person household whose income is 70% of AMI (for its household size) may rent an apartment for which the rent is targeted to 80% of AMI. ● a two-person household whose income is 90% of AMI (for its household size) may purchase a condominium or house for which the purchase price is targeted to 80% of AMI. Page 424 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-7 South Burlington Land Development Regulations (c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit for which the housing costs exceed 30% of the eligible Household’s income. (4) Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered development, eligibility may be determined in accordance with program-based eligibility requirements established by the partner housing organization. (5) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager, or their designees, prior to recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument or agreement ensuring the continued affordability of inclusionary units shall include: (a) Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include a formula for the resale price to whatever is the higher of the purchase price the seller paid plus 2% for each year of ownership (non-compounding), or what is affordable to a household at 80% AMI at the time of resale. Eligible households are those having incomes no greater than 100% AMI at the time of purchase. In addition, the City shall have the option to purchase or transfer its option to purchase Inclusionary Ownership Units at each future time of resale. In addition, any covenant shall have language to ensure the continuing affordability of Inclusionary Rental Units if the unit or property offered for sale instead will be offered for rental. (i) The seller or his/her representative shall notify the City Manager or his/her designee of the prospective sale of an Inclusionary Ownership Unit; (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, shall then have an exclusive option for thirty (30) days to purchase the Inclusionary Ownership Unit from the seller at a price consistent with the requirements of this subsection unless the City Manager or his/her designee waives the option by declaring in writing an intent not to exercise the option or transfers the option as described in Subsection (D)(5)(a)(iv) of this Article; (iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund Committee, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for purchase of the Inclusionary Ownership Unit, or declaring an intent not to exercise such option, the seller shall offer the Inclusionary Ownership Unit for purchase to income- eligible households in accordance with the requirements of subsection 18.01(D)(5)(a) (Affordability Requirements). (iv) On or before a purchase and sale agreement is executed between the seller and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase the Inclusionary Ownership Unit to a 501(c)(3) organization whose primary purpose is the supply of affordable housing in perpetuity. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the seller of such assignment. The organization to which the City has assigned the option shall deal directly with the seller and shall have all of the authority of the City Manager, as provided under this subsection. (b) Rent changes. Provisions to ensure the affordability of Inclusionary Rental units shall require that annual rent changes do not exceed the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is an increase; and that annual rent changes match the percentage change in the median household income within the Burlington-South Page 425 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-8 South Burlington Land Development Regulations Burlington MSA, when the changes is a decrease. An exception to the limit on increases or required decreases is permitted to the extent that further increases or delayed decreases, are made necessary by documented hardship or other unusual conditions. Such exceptions may not take effect until approved in writing by the City Manager or his/her designee; (c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units at rental rates and/or to households that exceed affordability limits established pursuant to this section. (6) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and household incomes at move-in based on documentation provided by tenant for owner’s completion of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and household income maximums have been maintained as required. E. Developer Options (1) Options (a) and (b) below are available to developers upon request, as necessary to address financial hardships based on documentation from a financial institution denying financing or physical site constraints that limit or preclude the incorporation of inclusionary units within a covered development. Options (c) and (d) are available to the developer at his or her discretion. A payment or contribution in lieu of constructing required inclusionary units shall be prohibited. (a) Dedication. The South Burlington City Council, in consultation with South Burlington Affordable Housing Committee), may accept as an alternative to the development of inclusionary units, a dedication by the developer of equal or greater value, including land and expected inclusionary unit value, that furthers the purposes of this section. An example might be the donation of developable land in the City Center Form Based Codes District that provides accessibility to transit, employment opportunities, and services. (b) Off-Site Construction. The developer of a covered development may comply with the requirements of this section by constructing, within two years of the date of the decision approving the covered development, the required number of inclusionary units on another parcel within the same contiguous underlying zoning district in which the covered development is located, or contracting with another entity to construct the required number of within the same contiguous underlying zoning district in which the covered development is located. This condition shall not be considered satisfied until certificates of occupancy have been issued for all off-site inclusionary units. Off-site means outside the boundaries of the lot or PUD on which the covered development is located. (c) A developer who constructs inclusionary units having three bedrooms shall receive credit for three inclusionary units for every two three-bedroom inclusionary units constructed. These credit inclusionary units earned under these provisions are ineligible for offset or bonus units. (d) A developer who constructs inclusionary units having four bedrooms shall receive credit for four inclusionary units for every two four-bedroom inclusionary units constructed. These credit inclusionary units earned under these provisions are ineligible for offset or bonus units. F. Offset for Fulfillment of Inclusionary Unit Requirements (1) Residential Unit Offset, Traditional Neighborhood Development (TND) Planned Unit Development. Offsets for fulfillment of inclusionary unit requirements within are integrated into the standards for TND Page 426 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-9 South Burlington Land Development Regulations Planned Unit Developments through the provisions, allowances, lot coverages, densities, and allowed building types permitted by the PUD type. (2) Residential Unit Offset, all other forms of development. To offset an applicant’s fulfillment of this Section’s inclusionary unit requirement is an allotment of one additional dwelling unit for each required Inclusionary Rental Unit that is constructed; or an allotment of two additional dwelling units for each required Inclusionary Ownership Unit that is constructed. This offset shall not be provided for any required unit for which the developer receives approval for the Dedication as described in 18.01(E)(1)(a) herein. (a) Offset residential units are not subject to the inclusionary affordability requirements. (b) The offset described above shall be approved as long as the total housing units in the specific covered development do not result in non-compliance with Section 15.02(A)(4dimensional standards applicable to the development). Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer is required to build two (2) inclusionary units The developer shall receive an offset of four (4) market rate dwelling units, and the project now includes a total of 28 dwelling units. Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive an offset of five (5) market rate dwelling units, and the project now includes a total of 41 dwelling units. (c) Where a zoning district establishes a maximum building coverage of less than twenty percent (20%) and/or a maximum overall lot coverage of less than thirty percent (30%), the applicable maximum coverage in that district shall be increased to accommodate the offset units. For Inclusionary Ownership Units, this increase shall be twenty percent (20%) and for Inclusionary Rental Units, this increase shall be fifteen percent (15%). Example (1): In a zoning district with a maximum building coverage of fifteen percent (15%), the maximum building coverage shall be increased to eighteen percent (18%) to accommodate offset Inclusionary Ownership Units. Example (2): In a zoning district with a maximum building coverage of fifteen percent (15%), the maximum building coverage shall be increased to seventeen and 25/100 percent (17.25%) to accommodate Inclusionary Rental Units. G. Density Bonuses for Exceeding Inclusionary Housing Requirements (1) Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is allowed. However, maximum density is not a dimensional requirement in the City Center Form Based Code districts, therefore this section is not relevant in those districts. Furthermore, maximum density is established via Building Type within Traditional Neighborhood Development (TND) Planned Unit Development Type, therefore this section is not relevant to a TND PUD or a TND PUD in association with Conservation PUDs. (2) Density Bonuses. When an applicant voluntarily includes, in the base zoning density unit- maximum for the development, more than the number of inclusionary units required under Section 18.01(C)(1), then upon the applicant’s request, the development shall receive, in addition to the offset units, a density bonus. The density bonus shall be one dwelling unit for each voluntary Inclusionary Rental Unit and two dwelling units for each voluntary Inclusionary Ownership Unit, up to a maximum density of Page 427 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-10 South Burlington Land Development Regulations 50% more than the base maximum density permitted in the zoning district. In zoning districts where additional density is permitted via Planned Unit Development, the base density shall be defined as the maximum density for the district without use of PUDs. Density bonus dwelling units are not subject to the inclusionary affordability requirements. Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer is required to build two (2) inclusionary units. The developer shall receive an offset of four (4) market rate dwelling units, and the project now includes a total of 28 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 8 additional units in this example since the offset units need to be accounted for), the developer includes an additional four (4) inclusionary units in the base zoning density unit-maximum (24) for which the developer receives 12 bonus density units. In sum, the total project includes 36 units, 6 of which are inclusionary (17% of the units) and 30 of which are market rate (83% of the units). Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive an offset of five (5) market rate dwelling units, and the project now includes a total of 41 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 13 additional units in this example since the offset units need to be accounted for), the developer includes an additional thirteen (13) inclusionary units in the base zoning density unit-maximum (36) for which the developer receives 13 bonus density units. In sum, the total project includes 54 units, 18 of which are inclusionary (33% of the units) and 36 of which are market rate (67% of the units). Example (3): In a 40-unit owner housing development on a ten-acre plot in a R4 district, the developer is required to build four (4) inclusionary units. The developer shall receive an offset of eight (8) market rate dwelling units, and the project now includes a total of 48 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 12 additional units in this example since the offset units need to be accounted for), the developer includes an additional six (6) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives 12 bonus density units. In sum, the total project includes 60 units, 10 of which are inclusionary (17% of the units) and 50 of which are market rate (83% of the units). Example (4): In a 40-unit rental housing development on a 10-acre plot in a R4 district, the developer is required to build six (6) inclusionary units. The developer shall receive an offset of six (6) market rate dwelling units, and the project now includes a total of 46 dwelling units. In order to receive approval for the maximum 50% density increase (which equates to a maximum of 14 additional units in this example since the offset units need to be accounted for), the developer includes an additional fourteen (14) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives 14 bonus density units. In sum, the total project includes 60 units, 20 of which are inclusionary (33% of the units) and 40 of which are market rate (67% of the units). H. Affordable Housing Density Bonuses for Developments with Fewer than 12 Dwelling Units (1) Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is allowed. However, since density is not a dimensional requirement in the City Center Form Based Code District, this section is not relevant in that District. Furthermore, maximum density is established via Building Type within Traditional Neighborhood Development (TND) Planned Unit Page 428 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-11 South Burlington Land Development Regulations Development Type and therefore this section is not relevant to TND PUDs or a TND PUD in association with Conservation PUDs. (2) Density Bonus. For applications that include at least three (3) but fewer than twelve (12) dwelling units (calculated using the base zoning density unit-maximum for the development), where the developer has opted to construct one or more inclusionary units any approval shall, upon request of the applicant, include a density bonus over the base zoning density. The density bonus shall be one dwelling unit for each inclusionary rental unit and two dwelling units for each inclusionary ownership unit included voluntarily, up to a maximum density of 50% more than the base density. The density bonus units are not subject to the inclusionary affordability requirements. I. Administration and Compliance (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: (a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; (b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; (c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; (d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Developer Options) of this Article; (e) Documentation regarding household income eligibility; (f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; (g) Draft legal documents required under this section to ensure continued affordability; (h) Construction timeline for both inclusionary and market rate units; and (i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. (2) Ongoing Compliance. The City of South Burlington Housing Authority, if any; or City Manager or his/her designee or another municipal entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary to implement this program. The Housing Authority, or City Manager or his/her designee, or other municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. (3) Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting the purposes of this section and the City’s affordable housing goals and targets, the City Manager or his/her designee shall: (a) Collect and maintain income eligibility guidelines, mortgage interest rate information, and other information necessary to meet the requirements of this section; Page 429 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-12 South Burlington Land Development Regulations (b) Monitor and maintain records regarding the status of inclusionary units developed under this Section 18.01; and (c) Prepare an annual written report for distribution to the South Burlington City Council and Planning Commission and posting on the City’s website, to be considered in a public meeting, that summarizes the status of covered projects and inclusionary units approved to date, and sets forth program findings, conclusions, and recommendations for any changes that will increase the effectiveness of inclusionary zoning. 18.02 Affordable Housing Density Bonus [reserved] A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and quality affordable housing to attract and retain a qualified work force. The following provisions are established to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within the City can be created in accordance with the Comprehensive Plan and these Regulations. B. Applicability. This section shall apply in any Zoning District in which residential development is permitted, with the exception of the applicable locations defined in Section 18.01 (B)(1) Applicability – Zoning Districts and Locations) of this Article. C. Density Increase. On a case by case basis and as part of the Planned Unit Development application, the Development Review Board may grant an increase in residential density over the base zoning density, in order to create below market rate housing. The density increases shall be approved on the following criteria and standards: (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of Affordable Housing units shall be at least half of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. (2) Mixed Rate Housing Development. The Development Review Board may grant a density increase of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate Housing Development. For each additional market-rate dwelling unit produced as a result of the density increase, one (1) qualifying comparable Affordable Housing unit must be provided. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. Table 13-9 Example of Affordable Housing Bonus Calculation Affordable Project: Mixed-Rate Project: 50% of Total Units Affordable 25% of Bonus Units Affordable Acres 8.35 8.35 Base Density 12 12 Base Units 100.2* 100.2* Bonus Units 50 25 Page 430 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-13 South Burlington Land Development Regulations Total Units 150 125 Net Density 17.98 14.99 Affordable Units 74 13 Market Rate Units 74 112 *Partial units always round DOWN to the lower whole number of units D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and Conditional Use Review, , and Article 15, Subdivision and Planned Unit Development Review, the following standards shall guide the Development Review Board: (1) The density upon which a bonus may be based shall be the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. (2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable residential density with or without such a density increase shall be four (4) dwelling units per acre. (3) Development Standards. (a) Distribution. The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (b) Minimum Floor Area. Minimum Habitable Area per affordable dwelling unit shall be no smaller 70% of the amount of the Habitable Areas of than comparable market-rate units in the housing development. (c) Plan for Continued Affordability. The standards set forth in Section 18.01(D)(2) shall apply. (4) Administration. The City of South Burlington Housing Authority, if any, the City Manager and/or his/her designees, or a bona fide qualified non-profit organization shall be responsible for the on-going administration of the affordable housing units as well as for the promulgation of such rules and regulations as may be necessary to implement this program. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom, three-bedroom and four-bedroom apartment construction. 18.03 Housing Preservation A. Purpose. The intent of this Section is to achieve one or more of these goals: (1) To promote the health, safety and general welfare of the community by preserving existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes through the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan; Page 431 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-14 South Burlington Land Development Regulations (2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential structures, and to maintain housing that meets the needs of all economic groups within the City particularly for those of low and moderate income; (3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups in each Vermont community; (4) To support the retention of housing units in the City; (5) To promote the health safety and welfare of the community by preserving the residential character of neighborhoods; and, (6) To offset the loss of housing by requiring replacement of housing units with new construction, conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund. B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following: (1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any order, decision or other action of the City or State that is caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, (3) the loss, demolition or conversion to nonresidential use or non-use of any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these Regulations. C. Exemptions. This Section shall not be applicable to: (1) The redevelopment of a dwelling unit or any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and restoration of the residential use on the same parcel. (2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the owner’s control. (3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation, Municipal, Commercial 1-AIR, Airport, and Airport-Industrial. (4) The conversion of a duplex to a single-family home. (5) As of the initial effective date of this Section, any dwelling units: Page 432 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-15 South Burlington Land Development Regulations (a) For which the Burlington International Airport / City of Burlington has obtained Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not these dwelling units have been purchased or removed as of January 1, 2018. (b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23, 2009. See Appendix H for a complete listing of properties by address. (6) The removal of accessory dwelling units. (7) Conversion of a dwelling unit to a licensed, non-residential child care facility. Any approval for such a conversion, however, shall be accompanied by the following: (a) A calculation of the amount of the Contribution to the Housing Trust Fund, as specified in Section 18.03E(3), that would otherwise have applied; and, (b) A condition that any subsequent conversion to another non-residential use will require compliance with the housing replacement requirements of Section 18.03E. If the applicant at that time selects the Contribution option specified in Section 18.03E(3), the contribution amount shall be that calculated pursuant to this subsection 18.07C(7)(a). D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section. In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a zoning permit application under this Section: (1) A statement certifying the number of dwelling units to be demolished or converted to nonresidential use and the number of bedrooms existing within each of these units; (2) A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable state and federal law; and (3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section. E. Housing replacement requirement. In addition to any other requirements for approval under these Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1) Construction of a new dwelling unit in accordance with sub-section F of this Section; (2) The conversion of a non-residential building to residential use in accordance with sub-section F of this Section; or, (3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the premises. Page 433 ARTICLE 18 AFFORDABLE HOUSING STANDARDS 18-16 South Burlington Land Development Regulations F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling units built pursuant to this Section must meet the following requirements: (1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling unit being replaced; (2) Each replacement dwelling unit must be located within the City of South Burlington; (3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18) months of the date on which the zoning permit referenced in Sub-section D above is approved; (4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty (20) years from the date of first occupancy. (5) Each non-rental replacement dwelling unit(s) must be offered for sale either: (a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period to an owner/occupant who qualifies by income. (6) Income eligibility for replacement units described in this subsection shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The income eligibility shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3), above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit. H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non- profit organization approved by the City of South Burlington following demonstration of its qualifications shall be responsible for the on-going administration of this section as well as for the promulgation of such rules and regulations as may be necessary to implement this section. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. I. Violations. In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence and the requirements of this Section shall apply in addition to any other remedies available to the City by law. Page 434 APPENDIX A PERFORMANCE STANDARDS South Burlington Land Development Regulations A PERFORMANCE STANDARDS A.1 Fire and Explosion Hazards (a) All activities involving storage of flammable and explosive materials shall be provided with adequate safety and fire-fighting devices in accordance with all applicable state and local laws and regulations. (b) Burning of waste materials in open fires is prohibited. A.2 Vibration (a) No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instrument at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to 60 cps frequency, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment. (b) Vibrations occurring at higher than 50 cps frequency or random vibrations shall not induce accelerations exceeding .001g. Single impulse random vibrations occurring at an average interval greater than 5 minutes shall not induce accelerations exceeding .01g. A.3 Noise (a) The following acts are declared to be loud, disturbing and unnecessary noises and shall be deemed detrimental to the health and safety of the residents of the City of South Burlington: (i) Defect in vehicle or operation of vehicle. The operation of any automobile or motorcycle in such a manner as to create squealing, or squealing of tires, or loud and unnecessary grating, grinding, exploding-type, rattling, or other noises. (ii) Loud speakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public. (iii) Horns, signaling devices, etc. The sounding of any horn or signal on any automobile, motorcycle or other vehicle except as a danger warning; the creation, by means of any other signaling device, of any unreasonable loud or harsh sound; and the sounding of any such device for unnecessary and/or unreasonable periods of time. (iv) Radios, phonographs, etc. The using, operating or permitting to be played, used or operated of any radio or television receiving set, musical instrument, phonograph, or other machine or device for producing or reproducing of sounds in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such a machine or device is operated and who are voluntary listeners thereto. Page 435 APPENDIX A PERFORMANCE STANDARDS South Burlington Land Development Regulations (v) Exhaust. The discharge into the open air of the exhaust of any steam engine, internal combustion engine, motor boat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (vi) Noise in general. Any noise which is deemed objectionable because of volume, frequency or beat and is not muffled or otherwise controlled. (b) Specific Standards (i) The creation of, permitting or operation of any of the above sets, instruments, devices or vehicles causing said noise in such a manner as to be plainly audible at a distance of fifty feet (50’) from the building, structure or vehicle from which noise emanates shall be prima facie evidence of a nuisance and a violation of these Regulations. (ii) It shall be a violation of these Regulations for any property owner to create or allow the creation of noise in excess of the following stated limits in the City during the hours of 12:00 AM and 8:00 AM: a. 45 dBA based on a one-hour average measured at any point where the property on which the noise emanates adjoins any property used for residential purposes. b. 60 dBA based on a one-hour average measured at any point where the property on which the noise emanates adjoins any property used for commercial purposes. (iii) For purposes of this Appendix, the following terms shall be defined as stated below: a. Decibel – a unit measure of sound level. b. Sound level – in decibels measured by a sound meter, by using the “A” frequency weighing, expressed in dBA. c. Average sound level – a sound level during a given period of time (e.g. one hour) found by the general rule of combination of sound levels. Also called “equivalent sound level.” (c) Exemption (i) Speakers, sound trucks, amplifiers, etc. used for commercial purposes as advertising for which a proper permit has been issued are specifically exempt from the provisions of these Regulations. (ii) Emergency vehicles operated by fire, rescue and police agencies are specifically exempt from the provisions of these Regulations. (iii) Temporary actions benefiting the public, including but not limited to roadway construction, sewer and water line construction, and special public events, are specifically exempt from the provisions of these Regulations upon approval of such an exemption by the City Manager. (d) Sound Measurement Standards. Sound shall be measured in accordance with the standards specified by the American National Standards Institute. A.4 Air Pollution (a) Visible emissions. There shall not be discharged into the atmosphere from any source at any time any air pollutant in excess of specified darkness standards (No. 1 on the Ringlemann Chart, except under specified conditions contained within air pollution standards). This shall include emissions of air pollutants Page 436 APPENDIX A PERFORMANCE STANDARDS South Burlington Land Development Regulations of such capacity as to obscure an observer’s view to a degree equal to or greater than the above visible emission standard. Visible emission of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. (b) Pollutants. All discharge or emission of potentially dangerous or offensive elements into the air shall be subject to the requirements of all applicable local, state, and federal regulations. A.5 Odors (a) No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detected or as to interfere unreasonably with the comfort of the public. (b) Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. (c) Table III, Odor Thresholds in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by the Manufacturing Chemists’ Association, Inc. or its equivalent shall serve as a guide to determining such quantities of offensive odors. A.6 Electromagnetic Radiation (a) It shall be unlawful to operate, or cause to be operated, a planned or intentional source of electromagnetic radiation except in compliance with the applicable regulations of the Federal Communications Commission or the Inter-department Radio Advisory Committee regarding such sources of electromagnetic radiation. Said operation shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. (b) The determination of “abnormal degradation in performance” and “of quality and property design” shall be made in accordance with good engineering practices as defined in the most current principles and standards of the Institute of Electrical and Electronic Engineers. A.7 Radioactive Radiation (a) No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line. (b) The handling of radioactive materials, the discharge of such materials into air and water, and the disposal of radioactive materials shall be in conformance with all applicable state and federal regulations. A.8 Heat (a) For the purposes of these Regulations, heat is defined as thermal energy of a radioactive, conductive, or convective nature. Page 437 APPENDIX A PERFORMANCE STANDARDS South Burlington Land Development Regulations (b) Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property, whether such change be in the air or the ground, in a natural stream or lake, or in any structure on such adjacent property. A.9 Direct Glare (a) Direct glare is defined for the purposes of these Regulations as illumination within property lines caused by direct or spectrally reflected rays from incandescent, fluorescent, or arc lighting, or from such high temperature processes as welding or petroleum or metallurgical refining. (b) No such direct glare shall be permitted, except that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the angle of maximum candlepower shall be sixty degrees (60o) drawn perpendicular to the ground. Such luminaries shall be placed not more than thirty feet (30’) above ground level and the maximum illumination at ground level shall not be in excess of an average of three (3) foot candles. A.10 Indirect Glare (a) Indirect glare is defined for the purposes of these Regulations as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. (b) Indirect glare produced by illumination at ground level shall not exceed 0.3 foot candles maximum, and 0.1 foot candles average. (c) Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited. A.11 Liquid and Solid Wastes No discharge or emission of any potentially dangerous or offensive elements shall be permitted at any point into any sewage disposal system, water supply system, watercourse, or lake, or into the ground or air, except in accord with all applicable local, state and federal regulations. A.12 Other Requirements Where the requirements of these performance standards may be replaced by newer standards or may conflict with other local, state or federal statutes or regulations, the stricter standards shall apply. Page 438 APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES South Burlington Land Development Regulations B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES B.1 Calculating the Maximum Allowable Traffic Generation (Traffic Budget) The maximum allowable traffic generation is a function of the specific Traffic Overlay District zone that the parcel is located in, a function of the type of connection (if the parcel is located in Zone 2), and a function of the size of the parcel. If, for instance, a parcel is located in Zone 2 along a high-volume roadway section, and it is proposed to be connected via a private driveway (case 2A), and the parcel has a total area of 60,000 square feet, the maximum allowable traffic generation is 60,000/40,000 X 20 equals 30 vehicle trips. If that same parcel would be connected to the high-volume roadway via a public road with a signalized intersection or a roundabout (case 2C) the maximum allowable traffic generation would be 60,000/40,000 X 30 equals 45 vehicle trips. The maximum allowable traffic generation refers to the number of vehicle trips generated during the afternoon (P.M.) peak hour of the adjacent street traffic, the highest continuous hour between 4 pm and 6 pm. The actual traffic generation of the proposed use as calculated per sections B2 and B3 below must not exceed the maximum allowable traffic generation – the traffic budget. B.2 Calculating the Traffic Generation of the Proposed Use To calculate the traffic generation of the proposed use the applicant must use the latest version of the ITE TRIP GENERATION manual (the 7th Edition of 2003 and subsequent editions). The ITE rates must be used whenever possible. The following are specific guidelines that need to be followed: Choice of Independent Variable: The independent variable is the characteristic of the proposed project that is used to estimate the project’s traffic generation. For many uses the ITE manual gives a choice of independent variables that can be used. For instance, for office buildings one can use the gross building floor area or the number of employees as an independent variable. For the purposes of these land development regulations it is recommended that a primary measurement be used as the independent variable, not a derived measurement. For instance, for office buildings the floor area is a primary measurement, whereas the number of employees is generally an estimate based on the floor area. The independent variable should be easily verifiable and should be related to the land use type, not to the characteristics of the tenant/operator. The independent variable that relates to the size of the use and that is the best trip generation predictor for the PM Peak Hour of the Adjacent Street Traffic, One Hour between 4 PM and 6 PM, has to be used. See the ITE Trip Generation Handbook, an ITE Recommended Practice, March 2001, for more explanations and guidance. Use of Regression Equations or Average Rates: The ITE TRIP GENERATION manual gives weighted average trip generation rates for each use compiled in the manual. The use of average rates implies a linear relationship between the size of the use and traffic generation, i.e. traffic generation changes in direct proportion to its size. For some uses ITE also provides a regression equation that represents a non-linear curve that best fits the data. The use of the regression equation takes into consideration the fact that traffic generation is not always in direct proportion to the size of the use. The use of the regression equation is recommended when: a) a regression equation is provided, b) the independent variable is within the range of data given by ITE, and c) either, the data plot has at least 20 points (studies), or the coefficient of determination (R²) is greater or equal to 0.75, and the standard deviation is greater than Page 439 APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES South Burlington Land Development Regulations 110% of the weighted average rate. The use of weighted average rates is recommended when: a) there are at least 4 data points (studies), b) the independent variable is within the range of data given by ITE, c) the standard deviation is less or equal to 110% of the weighted average rate, and d) R²<0.75 or no equation is provided. If ITE provides fewer than 4 data points the Development Review Board may require additional local traffic generation studies. Convenience Markets and Gasoline Providers: The ITE TRIP GENERATION manual has trip generation rates for several related uses: Land Use # 944 Gasoline/Service Stations; Land Use #945 Gasoline/Service Station with Convenience Market; Land Use #946 Gasoline/Service Station with Convenience Market and Car Wash; Land Use # 853 Convenience Market with Gasoline Pumps; and Land Uses # 851 and 852 for Convenience Markets. The difference between use 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 compared to 65% for the Vehicle Fueling Positions), and is therefore the recommended variable for this use. This is also logical because the sale of convenience items is the primary business of this use. For Gasoline/Service Stations with Convenience Markets the opposite is true: the Vehicle Fueling Positions is the recommended variable. In some cases the Development Review Board may require the use of more than one independent variable. In such cases the applicant shall use the worst-case calculation. When Local Traffic Generation Studies are Required: The use of ITE Trip Generation rates as the baseline for these regulations is mandatory because it is considered to be an appropriate measurement of the traffic impacts of a particular use category. There are, however, situations when other traffic generation sources may be required. Other sources may include professionally conducted traffic generation studies not included in the ITE TRIP GENERATION manual or local trip generation studies conducted for the particular use. Local trip generation studies are required when: a) the particular land use is not covered by ITE; b) there are fewer than 4 data points (studies) in the ITE TRIP GENERATION manual; or c) the size of the use falls outside the range of the TRIP GENERATION data points. Four data points are suggested as a minimum for the purposes of this zoning code. If ITE provides only two data points, the Development Review Board may require traffic generation studies at two additional sites. Daily Traffic Variation: Typically traffic generation rates are for an average weekday, and are collected on a Tuesday through Thursday. If a use has a regular peak on Fridays (such as shopping centers) the Friday rate needs to be taken into consideration. The procedures given in the ITE manual and handbook should be followed. Traffic Generation of Multiple Uses on One Site: Whenever more than one use or more than one commercial establishment is proposed on one site, there is the potential for some vehicle trips to remain internal within the site. The total net traffic generation for that site may therefore be less than the sum of the traffic generation volumes for each use or Page 440 APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES South Burlington Land Development Regulations establishment. This is sometimes referred to as the shopping center effect: as shopping centers increase in size the traffic generation rate per 1000 square feet of floor area decreases. To take this effect into consideration it is recommended that the percentage of internal trips be estimated for each trip interchange between the different uses. Exhibit B1 shows a calculation example for a site with townhouses, with a health club and with an office building. The percentage of internal trips varies according to the market of that particular use. Some uses are more oriented to local customers or users and may have a higher percentage of internal trips, whereas other uses may draw from a larger distance and would therefore have a lower percentage of internal trips. For example a health club tends to draw its customers from a smaller area than the employees in an office building. Therefore the percentage of internal trips would be higher for the home-to-health club trips, than for the home-to-office trips. Exhibit B1 shows the percentages of internal trips to range from 5% to 15% for the individual interchanges. This is a reasonable range for most situations, although there may be cases with higher percentages. The Trip Generation Handbook, An ITE Recommended Practice, March 2001 may be consulted for further guidance. The percentage of internal trips is applied to the lowest number of each trip interchange. For instance, for the interchange of trips from the town houses to the health club (in Exhibit B1) 54 trips exit from the town houses and 66 trips enter the health club. The 15% is applied to the lowest of the two numbers, 54 in this case. The resulting trip ends (8.1 in this case) are deducted from both inbound and outbound trips. The example in Exhibit B1 shows that the total gross traffic generation before credit for internal trips was 396 (164 plus 232) for the P.M. peak hour. This gross generation was then reduced by 58 vehicle trips (29 plus 29) to account for internal traffic, to yield a net generation of 338 trips (135 plus 203). This represents an overall reduction for internal trips of 14.65%. As the number of uses or establishments increases the overall percentage of internal trips will increase. B. 3 Estimating the Effects of Various Mitigation Strategies The Development Review Board may grant traffic generation credits for a particular application if the applicant commits to or implements measures or changes to the site that reduce the traffic impacts. These credits will either decrease the site’s estimated traffic generation or they will increase the traffic budget allowed for the site. Reduction in the Number of Driveways/Access Points: For each existing driveway that will be eliminated the Development Review Board may grant the applicant a traffic budget credit of 20 vehicle trips for that site. If the particular driveway to be eliminated carries more than 40 vehicles during the P.M. peak hour at the time of the application, the allowable increase in traffic budget would be half the number of trips on that driveway. If for instance the specific driveway carries today 70 vehicles in the P.M. peak hour, the allowable increase in traffic budget would be 35 vehicle trips. However, the applicant needs to verify that the remaining driveways will be able to handle the projected traffic with reasonable delays and queues. Connection to Adjacent Parcel: Connecting one parcel to an adjacent parcel is similar to the beneficial effects gained from multiple uses on one site: A certain proportion of trips will remain internal to the two parcels instead of being external trips over the City’s street network. The same calculation methodology is recommended as for the estimation of internal traffic for a site with multiple uses. However, the calculation must distinguish between the internal trips on the one parcel that is subject to the application Page 441 APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES South Burlington Land Development Regulations and the trips between the two parcels. The applicant gets full credit for the internal trips on the subject parcel, but only credit for half the trips being made between the two parcels. In the case of multiple uses on one parcel all trip ends of the internal traffic are on the same parcel, whereas for trips between two parcels half of the trip ends are on one parcel and the other half is on the other parcel. Exhibit B2 shows an example where Parcel A, the subject of the application, has a mix of a health club and an office, and is proposed to be connected to Parcel B which has 150 town houses. First Parcel A gets the credit for the trips being made between the office and the health club – a total credit of 18 trips in this case. Then Parcel A gets credit for half the trips being made between Parcel A and B – 19 trips in this case. The total gross traffic generation of 271 vehicle trips (93 plus 178) has thus been reduced by 18 for internal trips within parcel A plus 19 trips for the interconnection to Parcel B, a total reduction of 13.7%. The minimum traffic credit for a connection to an adjacent parcel shall be 15 vehicle trips. The connection must also include a pedestrian path between the buildings on both parcels. The pedestrian path can be a separate path or a striped walkway along the traffic lanes. These connections must be practicable all year long and cannot become storage areas for snow. If the connection consists of a pedestrian path only, the Traffic Budget credit shall be 10 vehicle trips. For the above connections a reciprocal easement agreement shall be established between the two property owners. The Traffic Budget credit that may be granted under this provision is independent of whether the adjacent parcel is in a Traffic Overlay District zone. If a connection consists of emergency access only, NO credits shall be allowed. Connection to Other Roadway: Connecting to another road or to a roadway section that is not in a Traffic Overlay District zone will in effect reduce the amount of traffic generated in the Traffic Overlay District. The applicant is allowed to reduce the traffic generation for the purposes of this regulation by the amount of traffic that would reasonably use the connection. The percentage of the traffic projected to use the connection must be supported by a traffic distribution analysis. The connection under consideration must be practicable all year long and must satisfy standard design requirements for a local driveway connection (minimum 11’ lanes, reasonable grades, etc.) and must be approved by the City’s Director of Public Works. The connection may be secured through an official easement or a right-of-way acquisition. Raised Medians/Right Turns In and Right Turns Out: Left turns in or out of a site are more detrimental in terms of traffic safety and traffic flow than right turns. If an applicant eliminates left turns in and out of a site through the construction of a new raised median, the Development Review Board may grant a credit for the reduction or elimination of the left turns. This credit may be granted as an increase to the Traffic Budget and may be as high as 50 % of the amount of left-turn movements eliminated by the new median during the P.M. peak hour. Uses with access to an arterial with an existing raised median preventing left turns in and out shall be granted an automatic credit of 50%, per Section 10.02(G), and shall not be eligible for an additional credit for a raised median. The applicant needs to submit a traffic study determining the amount of left-turn movements without the raised median and the traffic pattern with the raised median. The distribution of traffic must be justified through a market analysis or a count of similar driveways nearby. The impacts of the left-turn elimination on adjacent intersections need to be analyzed. The new raised median also needs to be approved by the City’s Director of Public Works. Page 442 APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES South Burlington Land Development Regulations Calculation Example of Mixed-Use Traffic Generation Size ITE Category 1000 Sq. Ft. or Dwelling Unit In Out In Out 231 150 0.47 0.36 Rate 71 54 71 54 493 25.0 2.62 1.68 Rate 66 42 710 75.0 0.37 1.81 Equation 28 136 93 178 Subtotal 164 232 Minus Internal Trips Internal % Residential to Health Club 15%8.1 8.1 Residential to Office 5%1.4 1.4 Office to Health Club 10%6.6 6.6 Office to Residential 5%3.5 3.5 Health Club to Residential 15%6.3 6.3 Health Club to Office 10%2.8 2.8 Internal Trips 29 29 Net Subtotal 135 203 BFJ December 5, 2003 Note: The percentage of internal trips is applied to the lowest number of each trip interchange. For instance, for the interchange of trips from residential to healthclub 54 trips exit from the residential uses and 66 trips enter the healthclub use. The 15% is applied to the lowest of the two numbers, 54 in this case. The resulting trip ends are deducted from both inbound and outbound trips. The percentage of internal trips varies according to the types of uses, and ranges in most cases between 5 and 15%. PM Peak Hour PM Peak Hour Trips Low-Rise Equation or Average Rate ITE Rate Residential Non-Residential Residential Total Non-Residential Total Health Club General Office Exhibit B1 Page 443 APPENDIX B TRAFFIC GENERATION DATA and CALCULATION PROCEDURES South Burlington Land Development Regulations Calculating the Benefits of Connecting to an Adjacent Parcel Size ITE Category 1000 Sq. Ft. or Dwelling Unit In Out In Out 493 25.0 2.62 1.68 Rate 66 42 710 75.0 0.37 1.81 Equation 28 136 93 178 Minus Trips Internal to Parcel A Internal % Office to Health Club 10%6.6 6.6 Health Club to Office 10%2.8 2.8 Parcel A Internal Trips 9 9 Parcel A Net Subtotal 84 168 231 150 0.47 0.36 Rate 71 54 71 54 Minus Trips between Parcel A and Parcel B % Between two Parcels Residential to Health Club 15%8.1 8.1 Residential to Office 5%1.4 1.4 Office to Residential 5%3.5 3.5 Health Club to Residential 15%6.3 6.3 Total Trips between Parcel A and Parcel B 19 19 BFJ December 5, 2003 Parcel B Subtotal Low-Rise Condo/Townhouse Equation or Average Rate ITE Rate Parcel B Parcel A Subject to Parcel A Gross Subtotal: Health Club General Office Exhibit B2 PM Peak Hour PM Peak Hour Trips Page 444 APPENDIX C USES and DIMENSIONAL STANDARDS South Burlington Land Development Regulations C USES and DIMENSIONAL STANDARDS The tables on the following pages describe the allowable uses in each zoning district in the City, and the specific dimensional standards applicable to each. The tables are C-1, Table of Uses and C-2, Table of Dimensional Standards. TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS Use Specific Dimensional Standard Accessory residential units Standards for the principal dwelling unit Additional dwellings for farm employees Standards for single family dwelling in same zoning district Bed and breakfast Standards for single family dwelling in same zoning district. Minimum lot size 1 acre, except SEQ-VC zoning district where there is no minimum lot size. Non-Residential Child Care Facility Minimum lot size 12,000 SF or minimum for two-family dwelling in same zoning district, whichever is greater. Other dimensional standards for two-family dwelling in same zoning district apply. Horticulture and forestry with on- premise retail sales Minimum lot size three (3) acres. Retail uses must be set back a minimum of twenty (20) feet from all property lines. Horticulture and forestry without on-premise retail sales No minimum standards Keeping of livestock Minimum lot size ten (10) acres Single family dwelling related to agriculture Standards for single family dwelling in the same zoning district. Page 445 APPENDIX C USES and DIMENSIONAL STANDARDS TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS (WITHOUT PLANNED UNIT DEVELOPMENT) Buildings only Buildings, parking and all other impervious surfaces Front(s)Side yard(s) Rear Accessory Principal (flat) Principal (pitched) Stories Facing Street Stories Below Roofline Roofline Stories [see section 3.07(B)] Total Stories IA-N ALL 10 acres 20%40%75 50 50 15 35 40 IA-S ALL 10 acres 10%20%75 50 50 15 35 40 PR ALL none 15%25%40 15 30 15 35 40 MU ALL none 30%70%40 15 30 15 35 40 Single-family 12,000 9,500 SF (1.2) 15%** 20% 30% 40%20 10 30 15 25 28 2 3 1 4 Two-family 24,000 12,000 SF (1.2)15% 20%30% 40%20 10 30 15 25 28 2 3 1 4 Multi-family 6,000 SF/unit (4)20%40%20 10 30 15 25 28 2 3 1 4 All other uses 40,000 SF (1.2)15%30%20 20 30 15 25 28 2 3 1 4 Single-family 12,000 9,500 SF (1.2) 15%** 20% 30% 40%20 10 30 15 25 28 2 3 1 4 Two-family 24,000 12,000 SF (1.2)15% 20%30% 40%20 10 30 15 25 28 2 3 1 4 Multi-family 6,000 SF/unit (4)20%40%20 10 30 15 25 28 2 3 1 4 All other uses 40,000 SF (1.2)15%30%20 20 30 15 35 40 3 3 1 4 Single-family 12,000 9,500 SF (1.2) 15%** 20% 30% 40%20 10 30 15 25 28 2 3 1 4 Two-family 24,000 12,000 SF (1.2)15% 20%30% 40%20 10 30 15 25 28 2 3 1 4 Multi-family 6,000 SF/unit (4)20%40%20 10 30 15 25 28 2 3 1 4 All other uses 40,000 SF (1.2)15%30%20 20 30 15 30 35 3 3 1 4 Single-family 7,500 SF (4)20%40%10 5 10 15 25 25 2 3 1 4 Two-family 12,000 SF (4)20%40%10 5 10 15 25 25 2 3 1 4 Multi-family 6,000 SF/unit (4)20%40%10 5 10 15 25 25 2 3 1 4 Non-residential uses 12,000 SF 20%40%10 10 10 15 25 25 2 3 1 4 Single-family 12,000 SF (4)20%40%20 10 30 15 25 25 2 3 1 4 Two-family 12,000 SF/unit (4)20%40%20 10 30 15 25 25 2 3 1 4 R1-Lakeview All 14,000 SF (3)20%40%20 10 30 15 25 25 2 3 1 4 QCP District Land Use SEQ-VR LN SEQ-VC Minimum lot size (max. residential density in dwelling units per acre)** Maximum site coverage: Maximum Building HeightStandard setbacks (feet): SEQ-NRP, NRT, NRN* and NR South Burlington Land Development Regulations Page 446 APPENDIX C USES and DIMENSIONAL STANDARDS Buildings only Buildings, parking and all other impervious surfaces Front(s)Side yard(s) Rear Accessory Principal (flat) Principal (pitched) Stories Facing Street Stories Below Roofline Roofline Stories [see section 3.07(B)] Total Stories District Land Use Minimum lot size (max. residential density in dwelling units per acre)** Maximum site coverage: Maximum Building HeightStandard setbacks (feet): R1 All 40,000 SF (1)15%25%50 25 30 15 25 28 2 3 1 4 Single-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4 Two-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4 Multi-family 11,000 SF/unit (2)20%40%30 10 30 15 25 28 2 3 1 4 R4 Single-family 9,500 SF (4)20%40%30 10 30 15 25 28 2 3 1 4 Two-family 12,000 SF (4)20%40%30 10 30 15 25 28 2 3 1 4 Multi-family 6,000 SF/unit (4)20%40%30 10 30 15 25 28 2 3 1 4 Non-residential uses 40,000 SF 30%60%30 10 30 15 25 28 2 3 1 4 R7 Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4 Multi-family 6,000 SF/unit (4)30%40%30 10 30 15 25 28 2 3 1 4 Non-residential uses 40,000 SF 40%60%30 10 30 15 25 28 2 3 1 4 R12 Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Multi-family 3,500 SF/unit (12)40%60%30 10 30 15 35 40 Non-residential uses 40,000 SF 40%60%30 10 30 15 35 40 R7-NC All residential uses All non- residential uses 12,000 SF 40%70%30 10 30 15 35 40 Multi-family 3,500 SF/unit (C1-R12); 2,900 SF/unit (C1-R15) 40%70%30 10 30 15 5 All other uses 40,000 SF 40%70%30 10 30 15 5 C1-Auto Multi-family 3,500 SF/unit (15)40%70%30 15 30 15 5 All other uses 40,000 SF 40%70%30 15 30 15 5 C1-AIR All 40,000 SF 40%70%30 15 30 15 35 40 Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 R2 C1 Same as R7 standards C1-LR South Burlington Land Development Regulations Page 447 APPENDIX C USES and DIMENSIONAL STANDARDS Buildings only Buildings, parking and all other impervious surfaces Front(s)Side yard(s) Rear Accessory Principal (flat) Principal (pitched) Stories Facing Street Stories Below Roofline Roofline Stories [see section 3.07(B)] Total Stories District Land Use Minimum lot size (max. residential density in dwelling units per acre)** Maximum site coverage: Maximum Building HeightStandard setbacks (feet): Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40 Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40 Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40 Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40 Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4 Multi-family 6,000 SF/unit (7)30%40%30 10 30 15 35 40 Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40 Multi-family 6,000 SF/unit (7)40%70%30 10 30 15 35 40 All other uses 40,000 SF 40%70%30 10 30 15 35 40 IC All 40,000 SF 40%70%30 10 30 15 35 40 AIR All 3 acres 30%50%50 35 50 15 35 40 AIR-I All 3 acres 30%50%50 35 50 15 35 40 IO All 3 acres 30%50%50 35 50 15 35 40 City Center FBC District ** Where minimum lot size is established as SF per unit, the per-unit lot size shall automatically be adjusted to accommodate inclusionary offset and bonus units granted via Article 18 * See Article 9 for additional dimensional standards in the SEQ-NRN subdistrict. Where a conflicts exists, the more restrictive shall apply. Please see Article 8, City Center FBC District AR C1-LR C2 SW South Burlington Land Development Regulations Page 448 APPENDIX CUSES and DIMENSIONAL STANDARDSRESIDENTIAL & INSTITUTIONAL DISTRICTSIA(1) PR MU R1 R2 R4 R7 R7‐NC(2)R12 LN QCP SEQ‐NRPSEQ‐NRTSEQ‐NR/SEQ‐NRNSEQ‐VR SEQ‐VC(2)TND (13)Residential UsesSingle‐family dwellingP P P PPPUDP PUDPPP P P P PTwo‐family dwellingP PUDPP PP PUDP PUDPP P P P PMulti‐family dwellingPUDP PUDPP PUDP PUDP PUDCP PUDPPAccessory residential unitsGroup home or Residential Care Home CP P P PP PUDP PUDPPPPP P PAgricultural UsesAgricultural uses consistent with State‐defined "Farming" activitySingle‐family dwelling related to agriculture P P P P P P P P P P P P PAdditional dwellings for farm employees P P P P P P P P P P P P PPublic & Quasi‐Public UsesCemeteriesCommunity centerP PUDPPPCP P PP(7)Congregate care, assisted living, or continuum of care facilityC‐TO C C‐TOCCultural facilityPUD P (11)P(7)Educational facilityP PUDPCCCFuneral homes, mortuaries, and crematoriumsCCGroup quartersPUD P (11)HospiceP PUDPMunicipal facilityCC PParksPersonal instruction facilityPP (6)P(7)Place of worshipPUD P (11)P P P P P PPP P PPRecreation pathsSocial servicesP PUDC‐TO C‐TOCommercial UsesAdult use Auto & motorcycle service and repair, accessory use, no fueling pumpsCBed and breakfast, min. 1 acre lot C C C C C C C C(3)Family child care home, registered or licensedP PPP PP PPPPP P PPlease See Section 3.10 for RegulationsInstitutionalResidentialSoutheast QuadrantPUD TypesConditional in all districtsPermitted in all districtsPermitted in all districtsExempt from local regulation in all districtsSee Section 15CSouth Burlington Land Development RegulationsPage 449 APPENDIX CUSES and DIMENSIONAL STANDARDSRESIDENTIAL & INSTITUTIONAL DISTRICTSIA(1) PR MU R1 R2 R4 R7 R7‐NC(2)R12 LN QCP SEQ‐NRPSEQ‐NRTSEQ‐NR/SEQ‐NRNSEQ‐VR SEQ‐VC(2)TND (13)InstitutionalResidentialSoutheast QuadrantPUD TypesChild care facility, licensed non‐residential CC(12) P(12)PP (4)PP(7)Commercial greenhouseC‐ACCCommercial or public parking facility N PUD P (11) CFood Hub P(7) P(6) P(6) P(6) P(7) P(7) P(6) P(6) P(6) P(6) P(7)P(7)Financial institutionPGolf courseCCCLimited Neighborhood CommercialP P P PP POffice, generalPUD P (11) C (10)PUD‐TO P‐TOPPUD‐TO P‐TOCP(7)Office, medicalPUD P (11)PUD‐TO P‐TOP‐TOPUD‐TO P‐TOCP(7)Personal or business service, principal use N PUD P (7)(11)P P (6)P(7)Pet GroomingPPhotocopy & printing shops with accessory retailN PUD P (11)Private providers of public services, including vehicle storage and maintenancePRecreation facility, indoor N PUD P (11) P PC C CP (6)PRecreation facility, outdoorN PUD P (11) P PCCPResearch facility or laboratoryPUD P (11)Restaurant, short orderN PUD P (11)CP(7)Restaurant, standardPUD P (11)CCP(7)Retail salesN PUD P (11)P(7)C (6)P(7)Seasonal Mobile Food UnitPService stationCWaste transfer stationsCSouth Burlington Land Development RegulationsPage 450 APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDResidential UsesSingle‐family dwellingPUDPPPPTwo‐family dwellingPUDPPPMulti‐family dwellingPUDPPUDPPUDPUDPPUDPPUD PPUDPAccessory residential unitsGroup home or Residential Care HomePUDPPPPAgricultural UsesPublic & Quasi‐Public UsesCemeteriesCommunity centerP P PP PPUDPPCongregate care, assisted living, or continuum of care facilityCCCC CCultural facilityPPPEducational facilityPUDPPUDPCC CEducational support facilitiesPUD P(5) PUD P(5)Food Hub P(7) P(6) P(6) P(6) P(6) P(6) P(6) P(7) P(7) P(7)Funeral homes, mortuaries, and crematoriums C C C C C C C C C CHospiceP PP P PPMunicipal facilityPPP CCParksPersonal instruction facilityPPPPPPPP P P P PPlace of worshipP P P P P P PPP‐ACCRecreation pathsSkilled nursing facilityC C CCC CSocial servicesC CC C C CCCommercial & Industrial UsesAdult useAgriculture & construction equipment sales, service & rentalPPAirport UsesPPAnimal shelter C C PPermitted in all districtsPermitted in all districtsExempt from local regulation in all districtsConditional in all districtsCommercial 1AirportHeavy Commercial‐IndustrialPlease see Section 3.10 for regulationsSouth Burlington Land Development Regulations Page 451 APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDCommercial 1AirportHeavy Commercial‐IndustrialArtist production studioP P PP PPAuto & motorcycle salesPP PAuto & motorcycle service & repairPP PAuto rental, with private accessory car wash & fuelingPPPPPBank or Credit Union with drive‐through bankPUDPPUDPPUDPPUDPPUDPBed & breakfastCCCannabis dispensary (dispensing only)P P P PPP P‐TOCannabis dispensary (cultivation only)PPCar washPChild care facility, licensed non‐residential P P P P P P P P P PCommercial greenhousePUDPPPCommercial kennel, veterinary hospital and pet day careCC P PPPCommercial or public parking facilityCCCCCCC CCContractor or building trade facilityPPP PDistribution and related storage, with >15% of GFA in office or other principal permitted use by same tenantCPPPEquipment service, repair & rentalPPFamily child care home, registered or licensedP P P PFinancial institutionP P P P PACC P PFlight instructionPP PHotelPUDPPUDPPUDPCC C CHotel, extended stayPUDPPUDPCC C CIndoor theater P P PIndoor vehicle storage, maximum 10,000 square feetP‐ACCJunk yardLight manufacturingPUDPPUDPPP P PLumber and contractor’s yardPP PManufacturing & assembly from previously prepared materials & componentsPPPPPPUD PPP P PMobile home, RV and boat sales, repair & serviceP PMotor freight terminalCPSee Article 8South Burlington Land Development Regulations Page 452 APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDCommercial 1AirportHeavy Commercial‐IndustrialOffice, generalP P P P P P PPUDPPP POffice, medical P P P P P P PPUD P‐TOP P‐TOPersonal or business service P P P P P (7) P P P (7) P PPet groomingPPPPPPP PPPhotocopy & printing shops, with accessory retail P P P P P P P P‐ACC P PPrinting & binding production facilitiesCP P PPPrivate providers of public services, including vehicle storage and maintenancePP P PProcessing and storagePPPPPPRadio & television studioP P PC P P P PRecreation facility, indoorP P P P P P P P‐ACC P PRecreation facility, outdoorC C C C C C CC CResearch facility or laboratoryPPPPPPPPPP PRestaurant, short order P P P P P P‐ACC P‐ACC P‐ACC P P‐ACC P‐ACCRestaurant, standard P P P P P P P P P‐ACCRetail sales P (8) P P P (8) P (7) P (7) P (7) P (7) P (9) P (8) P‐ACCRetail warehouse outletPPSale, rental & repair of aircraft & related partsPPSeasonal Mobile Food Unit P P P P P P P P PSelf‐storageP ACC, P‐Non‐TOService stationCCShopping centerC CTaverns, night clubs & private clubsP P P P PPP PTransportation servicesPPWarehousing & distributionCCPPWholesale establishmentsC CP PPKey and Notes to the Table above:P = PermittedC = Conditional UseNon‐TO = Allowable only outside of the Transit Overlay District(1) "N" refers to the Institutional‐Agricultural North sub‐district.(2) R7 and SEQ‐VC as classified as non‐residential zoning districts, but are included in this table for purposes of efficiencyPUD = Allowable within a Planned Unit DevelopmentACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay DistrictSouth Burlington Land Development Regulations Page 453 APPENDIX CUSES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDCommercial 1AirportHeavy Commercial‐Industrial(3) No minimum lot size for bed & breakfast in the SEQ‐VC district(5) Educational support facilities in C1 are subject to the dimensional standards of the IA‐North District. See Article 7. (13) Unless otherwise enabled or restricted, all uses within a Planned Unit Development are allowable under the same provisions as for the underlying district;(12) Allowable only as a municipally‐operated facility.(11) Use is allowed only as an Educational Support Facility. See Section 7.01(E)(7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(10) Use is restricted to not‐for‐profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation(4) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existing as of July 1, 2013, may be expanded, enlarged or extended by an area that does not exceed 20% of its Gross Floor Area.South Burlington Land Development Regulations Page 454 APPENDIX D LIGHTING South Burlington Land Development Regulations D LIGHTING Page 455 APPENDIX E SUBMISSION REQUIREMENTS APPENDIX E SUBMISSION REQUIREMENTS Site Plan Sketch Plan Master Plan Major Prelim Major Final PUD Minor Final Subdiv Sketch Subdiv Final DRB Non‐ subdiv. Admin / Site Plan Submittal requirement √√√√√√√ √ √ √ Completed application form; one (1) digital copy of plans; and a list of the owners or record of abutting property owners √√√√√√√ √ √ √ Name and address of the owner of record, applicant, and owners of record of abutting properties; and name and address of engineer(s), architect(s), landscape architect(s) preparing plans, plan preparation date, and date and description of all revisions shown on all plan sheets √√√√√√√ √ √ √ Date, true north arrow and scale (numerical and graphic). The preferred scale shall be 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. √√√√√√√ √ √ √ Narrative accompanying the application to include the following: (a) description of the project; (b) demonstration of compliance with applicable review standards; (c) list of submission elements; and (d) list of any changes made to plans from previous submittals under the same application √√√√√√ √ List of waivers the applicant desires from the requirements of these regulations and accompanying narrative describing the request(s), detailing the City's authority to grant the request(s) and describing why the waiver(s) should be granted √Project phasing plan √√√√√ Estimated project construction schedule, construction phasing, and date of completion, and estimated cost of all site improvements. (note: for FBC subdivisions, only public infrastructure information required) √√√√√√√ √ √ √ Any other information or data that the Administrative Officer or Development Review Board shall require for a full assessment of the project pursuant to the Land Development Regulations √√√√√√√ √ √ √ Location map, showing relation of subject property to adjacent properties and surrounding area. √√√√√√√ √ √ √ Boundaries and area of existing subject property(ies), proposed property lines, continues properties, boundaries of all zoning districts, transects, and overlay districts, and all designations on the City's Official Map, and lots within the proposed subdivision numbered. √√√√√√√ √ √ √ Location of existing restrictions on land, such as easements and covenants. √√√√ √ √ Location of planned restrictions on land, such as easements and covenants. √√Permanent reference monuments √√√Copies of proposed deeds, deed restrictions, covenants, agreements or other documents showing the manner in which open space, including park and recreational areas, and school site areas are to be dedicated, reserved and maintained and a certificate from the City Attorney that these documents are satisfactory. √√√√ In the case of a subdivision or development served by a privately owned and/or maintained street: A completed contract between the landowner and the City regarding the number of lots or dwelling units to be served by the proposed right‐of‐ way or private street and the responsibility for the roadway maintenance and a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or right‐of‐ way, and a certificate of the City Attorney that these documents are satisfactory. √√√√ A complete survey of the subdivision, prepared by a licensed land surveyor, showing the location, bearing and length of every street line, lot line and boundary line, and existing and proposed restrictions on the land, including but not limited to access ways and utility easements. Where applicable, this information shall be tied to reference points previously established by the City. √ √ √ √ Lot area in square feet and acres, and lot coverage calculations including building, overall, and front yard coverage and the location and layout of any off‐street parking or loading areas, traffic circulation areas, pedestrian walkways, and fire lanes. √ √ √ Point‐by‐point lighting plan and cut sheets for all proposed outdoor lighting within the site √√ √√ √ √ Preliminary grading, drainage, landscaping and buffering plan in accordance with Article 13, Supplemental Regulations. √√√ √ The extent and amount of cut and fill for all disturbed areas, including before‐and‐ after profiles and cross sections of typical development areas, parking lots and roads, and including an erosion and sedimentation control plan, and proposed locations of sediment sink/setting pond and interceptor swales. √ √ √ √ The location of any outdoor storage for equipment and materials if any, and the location, type and design of all solid waste‐related facilities, including dumpsters and recycling bins. √ √ √ √ √ Estimate of all earthwork, including the quantity of any material to be imported to or removed from the site or a statement that no material is to be removed or imported. √ √ √ √ Location of existing structures on the site, and showing all site conditions to remain. All Districts Except City Center FBC City Center FBC District BASIC INFORMATION PROJECT DESCRIPTION SITE INFORMATION LANDSCAPE FEATURES ‐ REVIEW South Burlington Land Development Regulations Page 456 APPENDIX E SUBMISSION REQUIREMENTS Site Plan Sketch Plan Master Plan Major Prelim Major Final PUD Minor Final Subdiv Sketch Subdiv Final DRB Non‐ subdiv. Admin / Site Plan Submittal requirement All Districts Except City Center FBC City Center FBC District √√√√√√√ √ √ √ Existing water courses & buffers, wetlands & buffers, base flood elevations if located in an area of special flood hazard, wooded areas, ledge outcrops, and other natural features. √ √ √ √ √ √ √ Existing and proposed open space √ √ √ √ By proper designation on such plat, all public space for which offers of cession are made by the applicant and those spaces title to which is reserved by him. √ √√ √ √ The location of all open space to be dedicated to the City as well as all open space to be retained by the applicant or to be held in common private ownership. √√√√√√√ √ √ √ Existing and proposed contours at a maximum vertical interval of two (2) feet. √√√ Detailed specifications and locations of planting, landscaping, screening, and/or buffering materials. √A general concept of the landscaping, both in written and graphic form. √√√ √ √ A list of existing vegetation, with the location, type, and size of existing trees of six inches or greater in caliper. √√√ √ A written plan to preserve and protect significant existing vegetation during and after construction. Such plan will be of sufficient detail that the City of South Burlington will be able to inspect the site during construction to ensure that existing vegetation is protected as per the plan. √√√ Detailed landscaping plan, specification of materials, costs, and phasing plan, including vegetation to remain, types of new plant materials, identified by common name and botanical name, sizes of all new plant materials by height and/or diameter at time of planting and at maturity, quantities of each of the planting materials, and treatment of the ground surface (paving, seeding, or groundcover) for all plantings, screening, buffering, and stormwater infiltration. √ √ √ Detailed erosion control plan demonstrating compliance with these regulations √ √√ √√ Existing and proposed structures √√√One set of pPreliminary plans, elevations, floor plans, and sections of proposed structures showing the proposed location, use, design and height of all structures, roads, parking areas, access points, sidewalks and other walkways, loading docks, outdoor storage areas, sewage disposal areas, landscaping, screening, site grading, and recreation areas if required. Plans shall also show any proposed division of buildings into units of separate occupancy and location of drives and access thereto. √ √√ Detailed elevations to demonstrate compliance with Building Envelope Standards and material requirements √√Plan for achieving required mix of housing types and archictural feastures as required by Section 13.17 (Residential Design for New Single and Two‐Family Homes) √ Solar ready roof analysis report √ √Elevations of buildings proposed as part of Planned Unit Developments √√√√√√Letter of intent from the Agency of Transportation confirming that the Agency has reviewed the proposed plan and is prepared to issue an access permit under 19 V.S.A. § 1111, and setting out any conditions that the Agency proposes to attach to the section 1111 permit. √√√√√√ √√ Location, type, and width of existing and proposed streets and block layout (including roadways, sidewalk, recreation path) √√√√√ Plans and profiles showing location of existing and proposed street pavements, proposed elevations along center lines of all streets, curbs, gutters, sidewalks, manholes, catch basins, and culverts √√√√√ Plans showing the location, size and invert elevations of existing and planned sanitary sewers, storm water drains, and fire hydrants and location and size of water, gas, electricity and any other utilities or structures. √ √√ √√√ Location of existing septic systems and wells. √√√√√ Existing and proposed water and wastewater usage √√√√√ Location and design of all utility distribution facilities √√√√ The location and details of all the improvements and utilities, including the location of all utility poles, utility cabinets, sewage disposal systems, water supply systems, and all details and locations of the stormwater management system. √ √ Preliminary designs of any bridges or culverts which may be required. √√√√ Construction drawings of all required improvements. √ √ √ √ The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves tangent distance and tangent bearings for each street. √√√√√ √√ All means of vehicular access and egress to and from the site onto public streets, and all provisions for pedestrian access and circulation. √√ √√ √√ Analysis of traffic impacts, if required by the traffic overlay district and/or the DRB. √√√√√ Proposed stormwater management system, including (as applicable) location, supporting design data and copies of computations used as a basis for the design capacities and performance of stormwater management facilities. √√√ Detailed plans, designs and finished grades of retaining walls, steps, ramps, paving, site improvements, fences, bridges, culverts, and drainage structures. BUILDINGS STREETS AND UTILITIES South Burlington Land Development Regulations Page 457 APPENDIX E SUBMISSION REQUIREMENTS Site Plan Sketch Plan Master Plan Major Prelim Major Final PUD Minor Final Subdiv Sketch Subdiv Final DRB Non‐ subdiv. Admin / Site Plan Submittal requirement All Districts Except City Center FBC City Center FBC District √Master Plan: See Article 15.B √Overall plan for the property showing the locations and total combined area of the propert(y)(ies) proposed for subdivision and/or site plan phase, either in conjunction with the initial master plan application or in the future, specifying which area or areas are currently proposed for subdivision or development. √The location and total area of the propert(y)(ies) currently proposed for subdivision or development that are to be deeded as perpetually open spaces, and which areas proposed to be left open are subject to future evaluation within the parameters of the master plan. √the location, total area and nature of any public amenities or facilities other than buildings proposed either in conjunction with the initial master plan application or in the future, specifying which features are currently proposed for development. √The maximum impervious coverage proposed for the property or properties subject to the Master Plan. √The maximum Floor Area Ratio (FAR) and/or number of dwelling units proposed for the property or properties subject to the Master Plan. √The maximum number of vehicle trip ends (VTEs) and associated parking proposed for the property or properties subject to the master plan. √√√√ Initial Site Conditions Map Existing water courses & buffers, wetlands & buffers, Base flood elevations if located in an area of special flood hazard, wooded areas, ledge outcrops, and other natural features. River Corridors. Existing mapped data for permanent River Corridors; estimates for top of bank/stream where not mapped by VT DEC; estimated locations of intermittent streams. Wetland areas and buffers. Exsting mapped data from Vermont Significant Wetland Inventory, Vermont Significant Wetland Inventory Advisory Layer, Hydric Soils, and other known sources. Applicant‐estimated areas for potential Class III areas. [note: Field Verification of all potential wetland areas is strongly encouraged at the earliest stages of revoew] Habitat Block Overlay District: Boundary of Habitat Block Overlay District, of all proposed mofications and exchanges, and supporting materials required by Section 12.04 Habitat Connector Overlay District: Boundary of Habitat Connector Overlay District, of all proposed relocations, and supporting materials required by Section 12.04 and 12.05. Steep Slopes: Existing mapped data of steep and very steep slopes √√√ √Complete Site Conditions Map River Corridors. Field verification/ delineation of top of bank / top of slope for permanent and intermittent surface waters by a qualified professional, where not mapped by VT DEC. All materials required by Section 12.07 Existing water courses & buffers, wetlands & buffers, Base flood elevations if located in an area of special flood hazard, wooded areas, ledge outcrops, and other natural features, and additional mapping for all flood zones as required by Section 12. Flood Hazard Areas. All materials required by Section 12.08. Wetland areas and buffers. Field delineation and report of functions and values of all wetland areas prepared by a qualified wetlands consultant. All materials required by Section 12.06 Habitat Block Overlay District: Boundary of Habitat Block Overlay District, of all proposed mofications and exchanges, and supporting materials required by Section 12.04 Habitat Connector Overlay District: Boundary of Habitat Connector Overlay District, of all proposed relocations, and supporting materials required by Section 12.04 and 12.05. Steep Slopes: Mapped data of unaffected steep or very steep slopes; Field delineation of steep and very steep slopes with a vertical drop exceeding three (3) feet proposed to be impacted * note: the Land Development Regulations may contian additional submission requirements for specific requests and applications Required maps must be prepared to scale by a qualified professional (e.g. engineer, architect, landscape architect, or urban designer) using the most current data and South Burlington Land Development Regulations Page 458 APPENDIX F Civic/Open Space Requirements F-1 South Burlington Land Development Regulations Plaza/Square Green Pocket/Mini Park Playground Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium Courtyard Applicability All FBC Districts T3, T3+, T4 All FBC Districts, Parcels with land in Urban Design Overlay District All FBC Districts All FBC Districts (must be associated with a restaurant)Buildings having 3 or more stories in T4 and T5 T4, T5 All FBC Districts Description & Service Intent Primarily hard-surface space. Intended to serve public, allowing people to congregate, sit, walk, or access adjacent businesses. Placement, design, and intended use should consider relationship to ajdajcent land uses. Informal and centralized public, civic space or common/shared private space for residential use or campus-style development. Small open area. May be tucked adjacent to or between buildings, or adjacent to roadway. Intended to primarily serve public or residents within 1/4 mile radius. Programmed space and/or structure that serves the active recreational needs of children in the immediate vicinity. An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink Accessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus-style Development: 0.5-3 acres.2,000-25,000 sq. ft.Total play area shall be a minimum of 1,500 square feet. Play space should include a buffer area around any play structures. Minimum 100 sq. ft.500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall. 5,000-20,000 sq. ft. Location & Access Outdoors and within Public Realm. High Visibility from public rights of way. Accessible from a public street at grade or 3' above or below street level connected to street with wide, shallow stairs. May include space for a farmer's market. For residential: Centralized; Accessible to all tenants/residents via pedestrian walkway or direct frontage (cottage court development). For campus-style development: Centralized; Accessible from a public right-of-way via direct walkway; Access from several locations encouraged. Fronts on and is accessed from a street right-of-way. Pedestrian accessible. Accessible from Public Right-of-Way or adjacent to private sidewalk. Should be centrally located and visually accessible to the greatest extent practicable. Highly visible, directly adjacent to public right of way. See additional public realm standards below. Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential, must provide adequate signage about location and accessibility in hallways and elevators. Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space available and inviting to the general public. Physically defined by surrounding buildings on three or four sides. Seating*, Tables, Etc. One seating space for each 500 sq.ft. of plaza area, with a minimum of 10 seating spaces. Seating is encouraged to be of a variety of types and socially oriented. Provide formal and informally arranged seating, on sculptured lawn. Moveable chairs desirable. Three seats per quarter acre, rounded up. One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, fixed play equipment, or public picnic tables. Must provide benches or formal seating areas at one space for each 500 square feet, rounding up, as well as at least 200 square feet of level, grassed, informal seating. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space. One seating space for every 50 sq.ft. of terrace area. Provide one seat for every 100 sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 sq.ft. of courtyard area, with a minimum of 10 seating spaces. Landscaping, Design- Landscape is secondary to architectural elements. Use trees to strengthen spatial definition. Shall include attractive paving material or pattern to create unique space. Encouraged use of lush, dense plant material. Shall incorporate art, sculpture and/or water feature. Provide lush landscape setting with predominantly lawn surfaces and planting such as: trees, shrubs, ground cover, flowers. Canopy trees should provide substantial shade. Turf and landscape plantings. Should promote shade over a portion of the area. Appropriate ground material- rubber or woodchips. Plantings for articulation of space to complement active play ingredients. Flat paved or concrete area for wheeled toys encouraged. Paved areas including space for basketball or other sport courts are encouraged and may be counted towards minimum required area of qualifying open space. For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space. Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery. Commercial Services, Food 20% of space may be used for restaurant/cafe seating, taking up no more than 20% of the sitting facilities provided. 20% of space may be used for restaurant seating taking up no more than 20% of the sitting facilities provided. Not permitted Permitted but not counted towards open space requirement. May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals. Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1. 30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted Sunlight and Wind Sunlight to most of the occupied area from mid-morning to mid-afternoon. Sunlight to most of the occupied area from mid-morning to mid-afternoon. Shelter from wind. No requirements Mix of sun and shade.Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing. Sunlight to sitting areas for most of day. Other Shall include added amenities specifically intended for play by toddlers and young children, to the satisfaction of the Administrative Officer in consultation with the Director of Recreation and Parks. Creativity in design strongly encouraged. Notes: Seating dimensions:*Required dimensions for one seating space or one seat are as follows: Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees Depth: 14" one-sided; 30-36" double-sided Width: 30" of linear seating are counted as one seat Materials All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application. Page 459 APPENDIX F Civic/Open Space Requirements F-2 South Burlington Land Development Regulations Applicability Description & Service Intent Size Location & Access Seating*, Tables, Etc. Landscaping, Design- Commercial Services, Food Sunlight and Wind Other Notes: Seating dimensions: Materials Wooded Area Shared Garden Space Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment Area Private Yard Space Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. All FBC districts.All FBC districts All FBC districts; Parcels with land within the Urban Design Overlay District T4, T5 All FBC districts Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. T-3 and T3+ Naturally occurring area with predominance of canopy trees with enhancement and public access. Land set aside and maintained for production of food to be used primarily for participating gardeners. A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas. Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers. Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimally necessary for water resource management. Private yard space associated with a residential unit. 2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space. 600-4,000 sq. ft.8' minimum width; 24' maximum width.50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space. As directed by minimum requirements. Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site. May not be located in any class wetland or wetland buffer. Shall have proper drainage. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system. Must be directly adjacent to public right of way and sidewalk or operable building entry. Applicants are encouraged to consider lighting and safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Directly adjacent to and accessible to at least one entry of the associated dwelling unit. Light enhancement expected. Must include improvements, including cleared paths and benches. None required. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is required and can be counted as part of the required open space. Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type. One seating space for each 150 sq.ft.Seating is encouraged, but there shall be no minimum requirement.If functional for sitting and viewing, seating can be ledges, benches, and/or stairs. No requirements. Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged. Deep rooted native plants and grasses.Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it. Spaces should appear warm and inviting and permanent rather than temporary. If paved, area shall provide trees or large potted plants at no more than 50 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged. LID techniques; no fencing permitted.No requirements. Landscaping, lawns or planned seating/dining areas (patios and decks) are encouraged. Not permitted.Not permitted. Not permitted.Permitted 40% of area may be used for restaurant seating.Not permitted.Not permitted. Not permitted. No requirements Full sunlight. Appropriate to the plant species selection. No requirements No requirements. Appropriate to the plant species selection. Exterior to building. Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. See LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements. Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant-owned property. Page 460 ƉƉĞŶĚŝdž'ŝĐLJĐůĞWĂƌŬŝŶŐ džĂŵƉůĞƐ ĐĐĞƉƚĂďůĞEŽƚĐĐĞƉƚĂďůĞ INVERTED U SERIES/CORRAL Post & Ring INVERTED U Bike lockers Vertical Two-Tier 'ƌĂƉŚŝĐƐƵƐĞĚǁŝƚŚƉĞƌŵŝƐƐŝŽŶ͘ƌĞĚŝƚ͗ƐƐŽĐŝĂƟŽŶŽĨWĞĚĞƐƚƌŝĂŶĂŶĚŝĐLJĐůĞWƌŽĨĞƐƐŝŽŶĂůƐ͕ ƐƐĞŶƟĂůƐŽĨŝŬĞWĂƌŬŝŶŐ͕ϮϬϭϱ Page 461 Bicycle Parking Dimensions 24” 30” 30”1 39”2 24” 30”1 39”2 30” 30” 24” 30” 1 If measured between center points of u/hoop 2 If measured between outside edges of bracket All distances listed as minimums. 3030” Page 462 1 If measured between center points of u/hoop 2 If measured between outside edges of bracket Where more than one rack is to be placed perpendicular to the parking stall side lines, addiƟonal space is needed. This may come from: Combining two exisƟng parking spaces CreaƟng a dedicated parking space at least 11 feet wide UƟlizing, for required access space only, the reserved space adjacent to handicap accessible parking. Reserving and marking a space at least 2 feet in width‐ and as long as the parking space‐ adjacent to the bike parking space. Where bicycle parking is immediately adjacent to vehicle parking, yellow bollards or rubber curb stops shall be used. All distances listed as minimums. Bicycle Parking in Standard Vehicle Parking Spaces 18’ 9’ 24” 30” 301” 392” 24” 72” 30” 30” 60” Page 463 Bicycle Parking Dimensions 24” 30” 30”1 39”2 24” 30”1 39”2 30” 30” 24” 30” 1 If measured between center points of u/hoop 2 If measured between outside edges of bracket All distances listed as minimums. 3030” Page 464 1 If measured between center points of u/hoop 2 If measured between outside edges of bracket Where more than one rack is to be placed perpendicular to the parking stall side lines, addiƟonal space is needed. This may come from: Combining two exisƟng parking spaces CreaƟng a dedicated parking space at least 11 feet wide UƟlizing, for required access space only, the reserved space adjacent to handicap accessible parking. Reserving and marking a space at least 2 feet in width‐ and as long as the parking space‐ adjacent to the bike parking space. Where bicycle parking is immediately adjacent to vehicle parking, yellow bollards or rubber curb stops shall be used. All distances listed as minimums. Bicycle Parking in Standard Vehicle Parking Spaces 18’ 9’ 24” 30” 301” 392” 24” 72” 30” 30” 60” Page 465 APPENDIX H HOUSING PRESERVATION South Burlington Land Development Regulations Pre-Existing Dwelling Units Exempt from Housing Preservation per Section 18.03(C)(5) 1141 Airport Drive 1155 Airport Drive 1195 Airport Drive 98 Airport Parkway 115 Airport Parkway 121 Airport Parkway 127 Airport Parkway 165 Airport Parkway 221 Airport Parkway 223 Airport Parkway 225 Airport Parkway 1 Delaware Street 11 Dumont Ave 32 Dumont Ave 38 Dumont Ave 44 Dumont Ave 65 Dumont Ave 52 Kirby Rd 80 Kirby Rd 110 Kirby Rd 181 Kirby Rd 184 Kirby Rd 191 Kirby Rd 199 Kirby Rd 100-102 Kirby Rd 114-116 Kirby Rd 196-195 1/2 Kirby Rd 12 Ledoux Terrace 10 Lily Lane 12 Lily Lane 14 Lily Lane 16 Lily Lane 18 Lily Lane 20 Lily Lane 22 Lily Lane 1 Patrick Street 9 Shamrock Rd 35 South Henry Court 21 South Henry Court 384 White Street 390 White Street Page 466 §¨¦89 §¨¦89 §¨¦189 ¬«116 £¤2 £¤7 SWIFT ST WHITE S T WILLISTON RDAIRPORT P K WY CENTRALAVEP A T C HENRDSPEARSTDORSET STKI MB A LL AVE NOWLANDF ARMRD KEN N E D Y D R AIRPORT DR C H E E S E F A C T O R Y R DOLDFARMRDZoning Map South Burlington, Vermont Effective INSERT DATE 0 0.55 1.1 1.65 2.20.28 Miles Date: 9/30/2021 DRAFT Parcel Boundary Zoning Districts Airport Airport Industrial Mixed Industrial & Commerical Industrial & Open Space Allen Road Swift Street Commercial 1 - Airport Commercial 1 - Automobile Commercial 1 - Limited Retail Commercial 1 - Residential 12 Commercial 1 - Residential 15 Commercial 2 Form Based Code-Transect 3 Form Based Code-Transect Zone 3 Plus Form Based Code-Transect Zone 4 Form Based Code-Transect Zone 5 SEQ-Neighborhood Residential North SEQ-Natural Resource Protection SEQ-Neighborhood Residential SEQ-Village Commercial SEQ-Neighborhood Residential - Transition SEQ-Village Residential Interstate Highway Overlay Municipal Park & Recreation Institutional & Agricultural-North Institutional & Agricultural-South Residential 1 Residential 1 - Lakeview Residential 2 Residential 4 Residential 7 Res 7-Neighborhood Commercial Residential 12 Lakeshore Neighborhood Queen City Park Data Disclaimer: Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions. Note: Parcel line data is provided for informational purposes only. The City reserves the right to update the Official Zoning Map with new parcel data as it becomes available. Transect Zone 1 Disclaimer: The T1 Transect Zone depicts stream buffer, wetland, and wetland buffer areas on the Official Zoning Map. Stream buffer, wetland, and wetland buffer areas are shown for illustrative purposes only. Depicted stream buffer, wetland, and wetland buffer boundaries are approximate. The diagram should not be construed as showing all stream buffers, wetland, and wetland buffer areas, nor the precise locations of such stream buffers, wetland, or wetland buffer areas. Stream buffer, wetland, and wetland buffer delineation for permitting purposes must be determined in accordance with Article 10 and 12 of the South Burlington Land Development Regulations, as applicable. Data Source:Parcel Boundary- South BurlingtonZoning Districts-South BurlingtonMap Prepared by M. Needle using ArcGIS Pro. All Data is inVT State Plan NAD 1983. C I T Y O F S O U T H B U R L I N G T O NC I T Y O F B U R L I N G T O N DR DORSETSTSHERRY RDGARDEN ST HINESBURG RDCOTTAGEG R O V E A V ECommercial Boulevard Garden Street See 11.02(C)(1) Support Street Market Street See 11.02(C)(1) Neighborhood Street Narrow WHITE STPATCHEN RDWILLISTONRD PROUTY PKWY PINE ST PINET R E E T E R R DEANE S THOPKINS STHELEN AVSHEPARDL N L IL A C L N HEATHSTMIDAS DRSUNSET AV WOODLANDPL EXECUTIVE MARY STMA R K E T S T GILBERT STMYERS CTCHARLES STIBY STSPEAR STELSOM PKWY BARRETT ST HAYDEN PKWYINTERSTATE89OBRIEN DRSLOCUMSTSAN REMO DREAST TERRNeighborhood Street Support Street Neighborhood/ Support Street Support Street Neighborhood Street Neighborhood Street/ Bike Boulevard Commercial Boulevard Legend Existing Road Parcels Planned Recreation Path Primary Existing Streets Primary Planned Streets Secondary Existing Streets Secondary Planned Streets Planned Street Right of Way Proposed City Center Zoning Transect Zones T-1 T-3 T-3+ T-4 T-5 Park/Civic E \\PWSERVER\GISdata\Planning&Zoning\Zoning\FBC\FBC_PRim_SecRoads_BlockStndrd.mxd exported by:mbrumberg On 6/26/2017 City Center Form Based Code - Primary & Secondary Streets & Block Standard Applicability Effective Date: July 10, 2017 *Approximate locations of proposed roads, to be used for planning purposes only. Please refer to original studies for exact road centerlines. 0 700 1,400350 Feet Street Designation Label Page 468 Natural Resources Map South Burlington, Vermont Effective INSERT DATE 0 0.75 1.5 2.25 30.38 Miles Disclaimer:The accuracy of theinformation this map presentsis determined by its sources.The City does not guaranteeaccuracy, but for the purposes of the South Burlington Land Development Regulations, the information presented is presumed to be accurate. Any uncertainty regarding aresource boundary may beresolved as provided by theLand DevelopmentRegulations, as amended fromtime to time. The Chittenden County Regional Planning Commission is not responsiblefor any errors or omissions.Data Source:Parcel Boundary- SouthBurlington, 2018Special Flood Hazard Area, Wetland, River Corridor (2019)-ANR Slope-LIDAR, VCGI Map Prepared by M. Needle using ArcGIS Pro. All Data isin VT State Plan NAD 1983. F Legend Date: 5/19/2021 DRAFT Parcel Boundary City Boundary Stream or River Centerline Hazards Wetland and 50 ft. or 100 ft. Buffer B2: 500 Year Flood/0.2% Annaul Chance of Flood Hazard River Corridor Special Flood Hazard Area or 100 Year Flood Very Steep Slopes (25%+ Slope) Level II Resources B1: 500 Year Flood/0.2% Annaul Chance of Flood Hazard Steep Slopes (15% to 25%) Page 469 §¨¦89 §¨¦89 §¨¦189 ¬«116 £¤2 £¤7 SWIFT ST WHITE S T WILLISTON RDAIRPORT P K WY CENTRALAVEP A T C HENRDSPEARSTDORSET STKI MB A LL AVE NOWLAND FARM RD KE N N E D Y DR AIRPORT DR CH E ES E FAC T ORY R DOLDFARMRDHabitat Block and Habitat Connector Overlay Districts Map South Burlington, Vermont Effective INSERT DATE 0 0.75 1.5 2.25 30.38 Miles Disclaimer: The accuracy of the information this map presents is determined by its sources. The City does not guarantee accuracy, but in designating certain lands as HabitatBlocks and Habitat Connectors, the Cityrelies upon and presumes the accuracy ofthe field data and assessments underlyingthe information this map presents. The Chittenden County Regional Planning Commission is not responsible for any errors or omissions. Users release the City from all liability related to this map and its use. The City shall not be liable for any direct, indirect,incidental, consequential or otherdamages. Note: Parcel Line data is provided for reference purposes only, and there may be new parcel data that is not depicted. The City reserves the right to update this map with new parcel data as itbecomes available. Data Source:Parcel Boundary-South Burlington (2018) Habitat Blocks + Connectors-Arrowood Consulting, City of South Burlington Map Prepared by M. Needle using ArcGIS Pro. All Data is in VT State PlanNAD 1983. Date: 11/5/2021 DRAFT Legend Parcel Boundary Municipal Boundary Stream or River Centerline Level I Resources Habitat Connector Habitat Block Page 470 BurlingtonInternational Airport NOT A VPZ HINESBURGRD. - NORTH DORSETPARK SPEAR ST. -OVERLOOK PARK DORSETPARKSPEAR ST. -OVERLOOK PARK SPEAR ST. -OVERLOOK PARK DORSET PARK SPEAR ST.- RIDGE DORSETPARKDORSETPARK HINESBURGRD. - SOUTH Overlay Districts- Map 1 ¹ Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies. Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983. 0 2,000 4,0001,000 Feet Effective August 6, 2018 \\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_1_20180810.mxd South Burlington, Vermont Urban Design Overlay Primary Node Secondary Node Form Based Code Gateway Area Gateway Area Flood Plain Overlay District Zone A - 100-year Flood Plain Scenic View Protection Overlay District Dorset Park Hinesburg Road - North Hinesburg Road - South Spear Street - Overlook Park Spear Street - Ridge Map Features Roads Tax Parcel Boundaries Urban Design Overlay District Page 471 BurlingtonInternational Airport Overlay Districts- Map 2 ¹ Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies. Map updated by South Burlington GIS. All data is in Vermont State Plane Coordinate System, NAD 1983. 0 2,000 4,0001,000 Feet Effective August 6, 2018 \\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_2_20180807_1006..mxd South Burlington, Vermont Map Features Roads Tax Parcel Boundaries Traffic Overlay District Major Intersections - Zone 1 High Volume Roadway Segments - Zones 2A, 2B, 2C Balance of Restricted Roads - Zone 3 Transit Overlay District Transit Route Transit Overlay District Airport Approach Corridors Airport Approach Corridors Page 472 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following amended report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Amended Report January 25, 2022: On December 20, 2021 and January 18, 2022, the South Burlington City Council made changes to the draft Land Development Regulations approved by the Planning Commission. The Planning Commission has reviewed these changes pursuant to 24 VSA 4442(b), and finds that they do not affect the findings and conclusions of this Report, initially approved on September 30, 2021. Outline of the Proposed Overall Amendments The South Burlington Planning Commission held a public hearing October 26, 2021 at 7:00 pm, in person and via GoToMeeting electronic platform, to consider amendments to the South Burlington Land Development Regulations listed below. The Planning Commission approved the amendments, with changes that do not alter this Report, on November 2, 2022. A. LDR-20-01: Replace Surface Water Protection Standards with Environmental Protection Standards, including existing 100-year floodplain, river corridor & stream buffer, wetland & wetland buffer, and stormwater management standards; establishment of standards regarding 500-year (0.2%) floodplain, habitat block, habitat connector, steep slope, and very steep slope standards; establishment of criteria to evaluate undue adverse effect; and related amendments referencing the above-listed resources. B. LDR-21-02: Generally amend or replace existing Subdivision, Master Plan, Planned Unit Development (PUD), Site Plan, Conservation PUD, Traditional Neighborhood Development PUD, Civic Space Types, Street Types, Building Type, and related zoning district, procedural, and site plan standards C. LDR-20-08: Modify required setbacks applicable to arterial and collector roads D. LDR-21-04: Modify Southeast Quadrant sub-district boundaries including and between Natural Resource Protection, Neighborhood Residential, and Village Residential E. LDR-21-05: Change zoning of land to the west of Hinesburg Road, immediately south of I-89, from Industrial-Open Space to Residential 7-Neighborhood Commercial 2 F. LDR-21-06: Modify Commercial 1- Residential 15 and Residential 4 boundaries in vicinity of Lindenwood Dr to more closely following property lines G. LDR-21-07: Update citywide stormwater standards, including for consistency with state regulations H. LDR-20-10: Establish maximum building envelopes for allowed development in the SEQ-NRP subdistrict, modify allowed building types I. LDR-20-17: Extend southeast quadrant zoning district residential building design standard city-wide, update standards J. LDR-21-01 Require Solar-Ready Roofs for new buildings subject to Commercial Building Energy Standards K. LDR-19-07 Modify landscape requirements to allow for Solar Canopies in Parking Areas; L. LDR-20-22: Update to comply with Act 179 pertaining to accessory dwelling units, existing small lots, and conditional use criteria for multi-family housing M. LDR-20-25: Increase s.f. maximum specific to accessory structures and update for consistency with Act 179 N. LDR-20-28: Expand inclusionary zoning, offset, and bonus provisions city-wide, replacing existing bonus standards where existing O. LDR-21-03: Allow for “limited neighborhood commercial use” within a larger residential building for neighborhoods with Master Plan P. LDR-21-07: Exempt the conversion of a dwelling to a licensed child care facility from housing preservation requirements Q. LDR-20-21 Minor and technical amendments to include: o Modify retaining wall standards; o Eliminate DRB review of Bus Shelters within city ROW; o Modify parking lot landscape standards to allow for solar canopies; o Amend RV Parking standards; o Amend Traffic visibility standards for consistency; o Update Airport Approach Cones & FAA review; o Amend review standards of Earth Products; o Amend review standards for Utility Cabinets and Similar; o Re-organize standards for drive-throughs; o Update & clarify height of Accessory Structures; o Update additional Height Standards for consistency; o Modify standards for structures requiring setbacks; o Modify setbacks for pre-existing lots; o Update setbacks and Buffer Strips Adjacent to Residential Districts for consistency; o General re-organization, definitions updates, and corrections (throughout) 3 Brief Description and Findings Concerning the Proposed Amendments A. LDR-20-01: Replace Surface Water Protection Standards with Environmental Protection Standards Brief Description of the Proposed Amendment The proposed amendments include the following: • Enhancement of standards and/or geographic area for protection of natural resources currently regulated by the City: notably 100-year floodplains, class I and II wetlands, streams, and river corridors • Mapping and establishment of standards for newly-regulated natural resources: habitat blocks, habitat connectors, steep slopes, and 500-year floodplains • Update of stormwater management and 100-year floodplain standards to current best practices and streamlining of review for public stormwater restoration projects • Update of references to natural resources throughout the regulations to be directed to the Environmental Protection Standards of Articles 10 and 12 • Establishing thresholds and consistent standards of review applicable to limited allowances for impacts to regulated natural resources, including infrastructure • Categorization of regulated natural resources into three tiers Below is a table summarizing the proposed changes / additions to natural resource Hazards Status Summary of Proposed Changes 100 year (1%) Floodplain Existing Updates for consistency with State guidelines, provision for historic structures 500-year (0.2%) Floodplain B2 Area New No new buildings in the 500-year floodplain; substantial renovations must meet floodproofing standards River Corridors and Surface Waters Existing Consolidates two overlapping sets of current standards: Stream Buffer and River Corridors. Geographic areas includes areas previously included under each, and unform measurement from top of bank/slope for buffers. Allowable incursions into buffers are reduced. Class I, II Wetlands, Buffers Existing, Expanded Buffer for Class II wetlands expanded from 50’ to 100’ in residential and conservation districts. Allowable incursions in areas outside City Center FBC limited to only certain infrastructure and exemptions. Updated standards within City Center FBC. [Class I wetland buffers also expanded, none presently identified in South Burlington] Very Steep Slopes (25+%) New No new development except certain infrastructure and exemptions Level I Resources Status Summary of Proposed Changes Habitat Blocks New No new development within City-mapped Habitat Blocks except certain allowances to exchange land certain infrastructure, parcels with >70% Hazards/Level 1, and exemptions Habitat Connectors New Habitat connector function must be kept intact, mapped location may be modified with approval Level II Resources Status Summary of Proposed Changes 4 500-year Floodplain B1 Zone New New development and substantial renovation must meet floodproofing standards Class III Wetlands, Buffers Existing Wetlands under 300 s.f. are exempted. Updated standards for review of proposed impact Steep Slopes (15 to 25%) New New development must demonstrate slope stabilization Intermittent Streams, Buffers Existing Clearer definition. Specifically excludes human-created drainage systems. Updated standards for relocation Background and Context of the Proposed Regulations The proposed modifications to the Regulations draw on the research work of prior Planning Commission efforts, the 2016 Comprehensive Plan, and several studies undertaken by the community in recent years, including the 2015 Open Space Plan, the 2020 Habitat Block and Assessment and Ranking, and the 2020 Interim Zoning Open Space Committee Final Report, among others. Standards and geographic boundaries established by these Regulations were developed based on mapping, research, and consultations with subject area experts. Habitat Blocks and Habitat Connectors included in the proposed Regulation used the 2020 Habitat Block Assessment and Ranking as their starting point. Geographic boundaries, thresholds, standards for allowed modifications or incursions were subsequently established. These draft amendments are proposed to function as one of a collection of tools to support natural resource conservation and thoughtful development in the community in support of the Comprehensive Plan. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The 2016 Comprehensive Plan establishes four (4) principal Goals for the City: Vision & Goals. Here and into the Future, South Burlington is… Affordable & Community Strong Creating a robust sense of place and opportunity for our residents and visitors. • Be affordable, with housing for people of all incomes, lifestyles, and stages of life; • Keep unique features, and maintain or enhance the quality of life of existing neighborhoods; 5 • Be a recognized leader in public education offerings and outcomes; • Provide quality public safety, infrastructure, health, wellness, and recreation services; • Ensure transparent and accessible government. Walkable. Bicycle and pedestrian friendly with safe transportation infrastructure. • Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile; • Establish a city center with pedestrian-oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community. Green & Clean. Emphasizing sustainability for long-term viability of a clean and green South Burlington. • Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets; • Reduce energy consumption city-wide and increase renewable energy production where appropriate. Opportunity Oriented. Being a supportive and engaged member of the larger regional and statewide community. • Prioritize development that occurs within the community into the higher intensity areas identified within this Plan; • Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products. The 2016 Comprehensive Plan also includes the following objectives and strategies specific to ecological resources in the community: Ecological Objectives Objective 30. Proactively plan for a network of interconnected and contiguous open spaces to conserve and accommodate ecological resources, active and passive recreation land, civic spaces, scenic views and vistas, forests and productive farmland and primary agricultural soils. Objective 31. Conserve, restore and enhance biological diversity within the City, through careful site planning and development that is designed to avoid adverse impacts to critical wildlife resources, and that incorporates significant natural areas, communities and wildlife habitats as conserved open space. 2-107 Ecological Strategies Strategy 67. Substantially restrict new subdivision and development from primary resource conservation areas to include hazardous and environmentally sensitive areas identified, mapped and regulated by the City. Minimize the adverse impacts of new subdivision and development, including resource fragmentation and encroachment, within secondary resource conservation areas, to include those resources of state or local significance as indicated on available resource maps, identified in available inventories and studies, and confirmed through site investigation. Strategy 68. Redefine open space in new developments such that usable, quality open space shall be required. Qualifying open space should include civic spaces, recreation, wildlife habitat, and usable agricultural lands. Strategy 69. Retain healthy and high-quality existing trees, vegetation, and publicly owned natural areas and woodlands. Develop long-range management plans for each area to foster their continued health and use. Strategy 70. Encourage public education about tree functions and tree disease inspection in urban areas through cooperation with the UVM Horticultural Farm and Vermont Department of Forest Parks, and Recreation, Urban and Community Forestry Program. 6 Strategy 71. Maintain the City’s wildlife diversity, including making use of available planning and legal tools such as buffers, transfers of development rights, overlay zoning districts, conservation easements and other tools as appropriate. Strategy 72. Work with adjoining municipalities and regional entities to enact complementary land use policies where wildlife habitat areas cross City boundaries. Strategy 73. Maintain existing overall tree canopy. Set targets to increase overall tree canopy, with a focus on increasing tree canopy in urban areas and residential property parcels as identified in the Report on Existing and Potential Tree Canopy in the City of South Burlington (2014). Strategy 74. Foster passive recreational use of natural areas and identify areas that may be appropriate for an “off -limits” designation due to their fragile nature. And finally, the Comprehensive Plan establishes a series of five categories of Future Land Use, as depicted on Map 11, along with the following statement: “Together, these broad categories are intended to encompass key issues and areas addressed in this Comprehensive Plan and provide an overall framework for implementation of the plan.” • Very low intensity, principally open space. • Lower intensity, principally residential • Medium intensity, residential to mixed use • Medium to higher intensity, principally non-residential • Medium to higher intensity, mixed use The proposed Regulations substantively and substantially advance the ecological goals and strategies enumerated in the 2016 Comprehensive Plan, and do so in the context of the overall Vision and Goals for the City and the designations within the Future Land Use Map. The proposed regulations have been prepared following detailed evaluation of each individual resource as well as their collective and coordinated roles in support of the objectives and strategies above. The specific resources included within the draft Environmental Protection Standards are not intended to be a precise replication of the individual resources as described or mapped in the Comprehensive Plan; South Burlington-specific study and analysis of these resources, consideration of best practices in resource conservation, and consideration of the geographic context of natural resources across the City were important factors in developing regulatory tools to implement these objectives and strategies. The amendments have been considered for their impacts on the availability of safe and affordable housing. Establishing restrictions on certain land as priority areas for conservation of natural resources can affect the total land area available for the construction of new housing. The existing and proposed regulations mitigate the effects of this conservation, through several means: • Existing regulations allow for the re-allocation of allowable housing density within a property through the use of Planned Unit Developments. 7 • The draft Regulations accommodate circumstances where certain natural resources – notably Habitat Blocks and Habitat Connectors - are present across the substantial majority of the land. • The draft regulations provide for reduced standards, exemptions, or allowable modifications within areas designated as Medium to Higher Intensity in the Future Land Use Map • Recent prior amendments to the Land Development Regulations have increased building height allowances along principal transportation corridors, established inclusionary zoning requirements, and reduced or eliminated minimum parking standards • The proposed regulations are intended to provide greater clarity and certainty for all parties involved in land development 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not directly affect planned community facilities. Planned Community facilities are specifically addressed through reference to the Official Map. B. LDR-21-01: Generally, amend or replace existing Subdivision, Master Plan, Planned Unit Development (PUD)], Site Plan, Conservation PUD, Traditional Neighborhood Development PUD, Civic Space Types, Street Types, Building Type, and related zoning district, procedural, and site plan standards Brief Description of the Proposed Amendment This amendment replaces several section and Articles of the Land Development Regulations: • Subdivision: Update and re-write of Subdivision Standards & Procedures. Proposed subdivisions identify buildable areas and areas unsuitable for development. Regulated natural resources are identified with larger resources on their own lots. Sets forth design process: streets, blocks, lots. Standards similar to current SEQ standards for connectivity, block scale, lots, as well as designs to support renewable energy. A portion of buildable area must be planned civic space. Streets designed for intended function based on street types. Establishes procedures for modifications. • Master Plan: Proposed replacement of existing Master Plan standards. Intended to closely complement the draft Subdivision and Planned Unit Development Standards and provide a clear, broad-brush picture of the proposed development. The draft standards require a context assessment, demonstration of connectivity of resources and infrastructure, buildout budgets, and the standards to be applied to assure consistency in design. The DRB is authorized to approve a schema or design palate for a project, both of which could vest those elements of the Plan under the Regulations in effect at the time of the Master Plan for a certain number of years, and/or to determine that elements of the project have been shown but are not sufficiently provided so as to vest that element of the project under the current Regulations. The Master Plan is structure to incentivize an applicant to provide detail early. The applicant and City would then be bound by those elements of the project. • Planned Unit Development: Proposed replacement of PUD standards; establishes two PUD “types” for different settings – Traditional Neighborhood Development PUD and Conservation PUD. 8 The Traditional Neighborhood Development emphasizes a pedestrian-oriented neighborhood with a variation of housing types, mixed uses, and civic spaces. The Conservation PUD establishes a minimum amount of natural resources to be conserved on site and sets neighborhood design standards for the buildable portion. Generally integrates existing SEQ standards into city-wide PUD standards. The proposed bylaw would set a threshold (4 acres) above which a PUD would be required for subdivisions or multiple principal buildings. Building from the subdivision and master plan standards, PUDs establish modified standards for lots, building types, and other lot arrangements, providing flexibility within a range. Further modifications as “alternative compliance” for certain standards are authorized where the applicant demonstrates an equal or better outcomes based on the specific purposes of the PUD. Within the TND type, maximum density is determined by the allowed Building Types within the PUD and the specific dimensional standards that accompany each type. Minimum density within the TND and Conservation is based on the underlying zoning district or a minimum threshold applicable to the PUD type. Within a Conservation PUD, maximum density is measured based on the underlying zoning district. • Site Plan: Updates general site plan standards to ensure that cross-references to related standards are included. Revises waiver standards to allow site plan review to stand "on its own" [currently many properties use PUD as a tool to seek waivers from standards]. Sets guidelines for modifications to zoning district standards to the DRB; establishes standards for when adjacent streetscape improvements are needed. Also allows for very minor site changes to be approved via zoning permit only if standards are met. • Building Types Establishes specific building types for applicability in the Traditional Neighborhood Development Type. Each building type (eg, single family, small multi-family, etc.) includes building characteristics and a permitted range of lot and building dimensional standards. Where applied, these standards replace underlying zoning district requirements. • Civic Space / Site Amenities: Modifies/Expands Civic Space Types. Civic Space types are applied to meet minimum space allocations in the City Center FBC, PUDs, and Subdivisions, and as an offset for lot coverage bonus allowance in the Urban Design Overlay District. • Street Types: Replaces street three sets of standards from City Center FBC, Southeast Quadrant, and General with a single set of standards for the cross-sections of allowable street types across the City. • Table of Uses / Dimension: This amendment updates the Table of Uses to be consistent with the updated PUDs and zoning district amendments. Specifically: o Individual uses previously listed as “PUD” in the Table of Uses are changed to be permitted (or conditional). Previously, properties proposing these uses (such as multi-family residential in certain districts) were ONLY allowed as part of a PUD review. PUD review is no longer tied to individual uses. Instead, if the use is allowed, it can be reviewed as a permitted use under site plan review. o Adds PUD Types, and any uses specifically enabled by the PUD itself. A PUD type also may include any use that is permitted within the underlying district. However as certain PUD types are intended to become small nodes of activity in our community, PUDs are proposed 9 to bring with them a handful of supplemental allowed uses. This allowance replaces the “limited neighborhood commercial” provision added a few years ago that was crafted as a bridge to the future PUDs. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. See above under LDR-20-01 for a listing of the Vision & Goals of the 2016 Comprehensive Plan The proposed amendments, taken together, are intended to implement the land use pattern envisioned through the 2016 Comprehensive Plan. The updated subdivision and master plan articles provide clear standards and process for the subdivision, phasing, and development of land, integrating standards city-wide that had previously applied in only certain parts of the City and linking together with other related amendments, including the expansion of inclusionary zoning and updated Environmental Protection Standards. Relevant Comprehensive Plan Objectives & Strategies: Objective 3. Foster the creation and retention of a housing stock that is balanced in size and target income level, is representative of the needs of households of central Chittenden County, and maintains an efficient use of land for use by future generations. Objective 4. Support the retention of existing and construction of new affordable and moderate-income housing, emphasizing both smaller single family homes and apartments, to meet demand within the regional housing market. Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed used transit corridors, and compact residential neighborhoods. Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by designing and locating new and renovated development in a context-sensitive manner. Objective 30. Proactively plan for a network of interconnected and contiguous open spaces to conserve and accommodate ecological resources, active and passive recreation land, civic spaces, scenic views and vistas, forests and productive farmland and primary agricultural soils. 10 Objective 31. Conserve, restore and enhance biological diversity within the City, through careful site planning and development that is designed to avoid adverse impacts to critical wildlife resources, and that incorporates significant natural areas, communities and wildlife habitats as conserved open space. Objective 39: The majority of all new development will occur within the Shelburne Road, Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service area. Strategy 4. Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. Potential tools should be explored and could include form-based codes that would allow a variety of residential and mixed use building types, transferable development rights, neighborhood preservation overlay districts, household definition regulations, inclusionary zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing retention ordinance. Strategy 5. Increase the supply of safe and affordable rental housing by allowing higher-density, mixed use and mixed-income development within City Center and transit corridors, allowing multiunit housing within transitional zones between residential neighborhoods and commercial/ industrial land uses. Strategy 7. Accommodate compatible infill and additions to homes in existing neighborhoods. Strategy 8. Explore innovative land development regulations that allow for a range of residential building and neighborhood types, including but not limited to cottage housing, clustered housing and infill residential development. Strategy 67. Substantially restrict new subdivision and development from primary resource conservation areas to include hazardous and environmentally sensitive areas identified, mapped and regulated by the City. Minimize the adverse impacts of new subdivision and development, including resource fragmentation and encroachment, within secondary resource conservation areas, to include those resources of state or local significance as indicated on available resource maps, identified in available inventories and studies, and confirmed through site investigation. Strategy 68. Redefine open space in new developments such that usable, quality open space shall be required. Qualifying open space should include civic spaces, recreation, wildlife habitat, and usable agricultural lands. Strategy 69. Retain healthy and high-quality existing trees, vegetation, and publicly owned natural areas and woodlands. Develop long-range management plans for each area to foster their continued health and use. Strategy 71. Maintain the City’s wildlife diversity, including making use of available planning and legal tools such as buffers, transfers of development rights, overlay zoning districts, conservation easements and other tools as appropriate. Strategy 92: Allow phasing on individual projects as needed to ensure that development occur only in conformance with the City’s ability to provide services. Strategy 94: Assure that designated open space areas are consistent with the district (zone) in which they are located and physically and functionally suitable for their intended use. Strategy 138: Maintain measures in the LDRs and SEQ zoning map to ensure that open spaces in all developments affecting secondary natural areas be designed in a manner to ensure continued connectivity between other open spaces and the preservation of “stepping stone” or other pockets of important wildlife habitat. 11 Strategy 134: Review the general height limits and explore architectural design review to ensure that the proposed structures are consistent with the vernacular architectural styles and visual quality of the SEQ. Ongoing Activity 1: Continue to refine the City’s Land Development Regulations to promote the Plan’s goals and objectives. Ongoing Activity 15: Continue to encourage and consider incentivizing neighborhoods that use a mix of housing types and integrate different types next to each other, rather than creating monoculture of one type of housing. Ongoing Activity 18: Continue to implement a complete streets policy that contemplates sidewalks, crosswalks, crossing signals, bicycle paths, and bicycle lanes as appropriate in funding applications for new roads and roadway improvements. Action Activity 39: Continue to allow a neighborhood commercial center along Dorset Street in the area of the Chittenden Cider Mill. Ongoing Activity 45: Continue to require an integrated mix of housing in the SEQ zoning district. And finally, the Comprehensive Plan establishes a series of five categories of Future Land Use, as depicted on Map 11, along with the following statement: “Together, these broad categories are intended to encompass key issues and areas addressed in this Comprehensive Plan and provide an overall framework for implementation of the plan.” • Very low intensity, principally open space. • Lower intensity, principally residential • Medium intensity, residential to mixed use • Medium to higher intensity, principally non-residential • Medium to higher intensity, mixed use The proposed Regulations substantively and substantially advance the quality of life, neighborhood, transportation, civic space, phasing, and open space goals and strategies of the 2016 Comprehensive Plan, and do so in the context of the overall Vision and Goals for the City and the designations within the Future Land Use Map. The proposed amendments advance two types of Planned Unit Developments, Conservation PUD and Traditional Neighborhood PUD. PUDs are optional in some cases and mandatory in others. And specific PUD types are either optional or required based on geography and circumstance. The Planning Commission finds these proposed amendments to be consistent with the Comprehensive Plan, taken together and with close attention to Map 11, Future Land Use, as well as natural resource maps, community utilities and facilities maps, and the remainder of the Plan’s maps. The Proposed amendments will have the affect of altering the location and form of new housing, including affordable housing. Conservation PUDs, where allowed or required, will redistribute housing that would otherwise be permitted via a classic subdivision to a portion of the property. Traditional Neighborhood Development PUDs will redefine housing density based on the building type, which is expected to foster greater diversity of housing types. 12 See also proposed amendment to extend inclusionary zoning citywide. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission has reviewed the proposed amendments in the context of Map 11, future land use map, maps 7 & 8, primary and secondary natural resources and infrastructure maps, and finds the property changes to be consistent with the future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments clarify the role of the Official Map in subdivision review, provide for greater clarity and prospective planning of development phases through master plan review, and establish a single consistent set of street types for new development in the City. C. LDR-20-09: Modify planned public rights-of-way along various roads Brief Description of the Proposed Amendment Separates required setbacks from the subject of Planned Rights-of-Way (previously required together). Eliminates larger setbacks (50') from most streets and relies on underlying zoning & PUD standards for where homes face. Removes conflict within Southeast Quadrant standards, Urban Design Overlay District standards, and City Center Form Based Code District standards. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The amendments are intended to establish consistency throughout the regulations and to foster pedestrian-oriented development. Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed used transit corridors, and compact residential neighborhoods. 13 2. Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendment will allow for space along select collector and arterial road to be built upon where such development patterns are appropriate. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not affect and planned community facilities. D. LDR-21-04: Modify Southeast Quadrant sub-district boundaries including and between Natural Resource Protection, Neighborhood Residential, and Village Residential Brief Description of the Proposed Amendment The proposed amendments modify boundaries within the Southeast Quadrant sub-districts; in several instances expand the area of the SEQ-Natural Resources Protection District; and in certain areas expands the SEQ-Village Residential District. Specifically: • The SEQ-NRP sub-district replaces the SEQ-Neighborhood Residential sub-district in several areas where an identified Habitat Block is mapped and the Habitat Block Overlay District applies • The SEQ-NRP sub-district replaces the SEQ-Neighborhood Residential sub-district in areas approved as permanent open space in approved development • The SEQ-NRP sub-district replaces the SEQ-Neighborhood Residential sub-district in areas / parcels that are unserved by public infrastructure and would require crossing of other parcels and/or identified hazards in order to be reached • The SEQ-NR replaces the SEQ-NRP sub-district where approved development already exists. • The SEQ-VC district replaces the SEQ-NR district in certain areas served by public infrastructure. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments have been closely considered in the context of the Comprehensive Plan and the balance of competing priorities that it strives to achieve. The proposed amendments expand the SEQ-NRP in areas that have been identified in the Plan, and through 14 subsequent analyses, as important natural resources, as well as in in areas that are not served by public infrastructure and would require substantial expansion of such infrastructure to reach. Other areas proximate to infrastructure are proposed to be added to the SEQ-Village Residential District. Relevant goals, objectives, and policies include: Goal: Be affordable, with housing for people of all incomes, lifestyles, and stages of life; Goal: Provide quality public safety, infrastructure, health, wellness, and recreation services Goal: Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets; Objective 5: Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed-used transit corridors, and compact residential neighborhoods. Objective 26: Protect and improve watershed, stream, and wetland system natural processes, specifically for stormwater treatment, riparian and aquatic habitat, and floodplain and river corridor protection. Objective 30: Proactively plan for a network of interconnected and contiguous open spaces to conserve and accommodate ecological resources, active and passive recreation land, civic spaces, scenic views and vistas, forests and productive farmland and primary agricultural soils. Objective 31: Conserve restore and enhance biological diversity within the City, through careful site planning and development that is designed to avoid adverse impacts to critical wildlife resources, and that incorporates significant natural areas, communities and wildlife habitats as conserved open space. Strategy 8: Explore innovative land development regulations that allow for a range of residential building and neighborhood types, including but not limited to cottage housing, clustered housing and infill residential development. Strategy 26: Improve and expand public facilities and services in a manner that supports, complements and reinforces the land use and development recommendations of this plan, which includes a preference for infill over expansion of existing service areas. Strategy 65: Plan for infrastructure such that its location will limit disturbance within identified primary and secondary natural areas throughout the City to the greatest extent possible. Strategy 67: Substantially restrict new subdivision and development from primary resource conservation areas to include hazardous and environmentally sensitive areas identified, mapped and regulated by the City. Minimize the adverse impacts of new subdivision and development, including resource fragmentation and encroachment, within secondary resource conservation 15 areas, to include those resources of state or local significance as indicated on available resource maps, identified in available inventories and studies, and confirmed through site investigation. Strategy 137: Through the development review process, land conservation initiatives, and development of Zoning Map amendments for the SEQ, work towards the addition of supplemental conserved areas adjacent and connected to existing open space lands. Ongoing Action 44: Continue to ensure that the open space and buffer area provisions are consistent with the SEQ Concept Plan and lead to the creation of usable, attractive conserved spaces. Ongoing Action 45: Continue to require an integrated mix of housing in the SEQ zoning district. Ongoing Action 46: Continue the designation of a three hundred foot buffer around the perimeter of the Great Swamp and Cheese Factory Swamp as an additional primary natural area subject to the same limits on disturbance, development or subdivision. Ongoing Action 47: Continue the designation of lands within a three hundred foot buffer area around the perimeter of the other Primary Natural Areas, and the lands within Secondary Natural Areas, as a supplemental restricted area with limitations on development, subdivision, and disturbance. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not affect any specific proposals for planned community facilities. E. LDR-21-05: Change zoning of land to the west of Hinesburg Road, immediately south of I- 89, from Industrial-Open Space to Residential 7-Neighborhood Commercial. Brief Description of the Proposed Amendment The proposed amendment changes the designation of approximately 114 acres of land from “Industrial and Open Space” to “Residential 7-Neighborhood Commercial” on the west side of Hinesburg Road, immediately south of I-89. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 16 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The 2016 Comprehensive Plan’s Future Land Use Map (Map 11) redesignated this area from planned open space / industrial to instead be a transition from “higher intensity, primarily non- residential”, to “medium intensity, mixed use”, to “lower intensity, primarily residential”, to “very low intensity, primarily conservation” from east to west. With the establishment of a Habitat Blocks on the western portion of the property, the designation of the property as R7-NC, and the application of Planned Unit Developments which foster higher intensity uses adjacent to existing roadways & infrastructure (Hinesburg Road), this amendment furthers the goals and policies of the Comprehensive Plan. The additional allowance for housing in this area furthers the availability of safe and affordable housing. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment does not impact any specific proposals for planned community facilities. F. LDR-21-06: Modify Commercial 1- Residential 15 and Residential 4 boundaries in vicinity of Lindenwood Dr to more closely following property lines Brief Description of the Proposed Amendment This amendment would modify the boundaries of these two districts to align with the property boundaries. A portion of one parcel that is largely in the C1-R15 district and fronts on Shelburne Road would have the entirety of the parcel in that district, while an adjacent parcel fronting on a neighborhood street that is largely in the R4 district would have the entirety of it parcels become R4. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 17 The Commission finds the proposed amendments to be consistent with the goals and policies of the Comprehensive Plan and notes that the regulations also contain requirements for vegetated buffers between commercial and residential districts in the event of a significant development of a parcel. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. G. LDR-21-07: Update citywide stormwater standards, including for consistency with state regulations Brief Description of the Proposed Amendment These amendments update the City’s stormwater standards for consistency with the recently- updated Vermont Stormwater Manual, provide additional clarity, and employ general best practices. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. Comprehensive Plan Goal: Green & Clean. Emphasizing sustainability for long-term viability of a clean and green South Burlington. Objective 26. Protect and improve watershed, stream, and wetland system natural processes, specifically for stormwater treatment, riparian and aquatic habitat, and floodplain and river corridor protection. The amendments further the goals and policies of the Comprehensive Plan and support long term safety and affordability of housing through employment of forward-looking stormwater practices from the start. 18 2. Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect proposed future land uses or densities. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments facilitate the construction of stormwater facilities in existing built-up areas. H. LDR-20-10: Establish maximum building envelopes for allowed development in the SEQ- NRP subdistrict, modify allowed building types Brief Description of the Proposed Amendment The proposed amendment establishes a maximum building envelope for any allowed development in the SEQ-NRP district; allows homes to be in buildings containing up to three dwellings (current requirement is for single family homes only), but does not change allowable total dwelling units. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Commission finds that the proposed amendment fosters a greater compliance with the goals and policies of the comprehensive plan by assuring that any allowed development is compact. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. 19 The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. I. LDR-20-17: Extend southeast quadrant zoning district residential building design standard city-wide, update standards Brief Description of the Proposed Amendment This amendment expands the applicability of basic residential design standards to residential development in the city which are not subject to Building Type standards under the TND or NCD PUD Type. This would include homes on existing lots, homes built on subdivided lots without a PUD, and homes build through Conservation Planned Unit Developments. The current standards apply to all development involving a subdivision or PUD in the Southeast Quadrant. The standards themselves would: • Continue to require that buildings are designed with a focus on sun-facing windows, but replace the minimum percentage of all windows facing south with a design standard of orientation of living space; • Continue to require front-facing garages to be set back from the principal façade of the building • Establish a maximum of 40% of the front of the building to be garage doors. This replaces a minimum “non-garage” façade requirement for two-family homes. • Continue to require a variety of styles of homes in subdivisions. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The amendments are intended to establish consistency throughout the regulations and to foster pedestrian-oriented development. Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed used transit corridors, and compact residential neighborhoods. 20 The proposed amendments will support the availability of safe and affordable housing by promoting passive solar access and supporting pedestrian-oriented neighborhoods. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. J. LDR-21-01 Require Solar-Ready Roofs for new buildings subject to Commercial Building Energy Standards Brief Description of the Proposed Amendment The amendment would require solar-ready roofs on new/substantially altered Commercial Buildings, via the specific methodology of the Commercial Building Energy Standards (CBES). Those standards include specific exemptions based on siting, etc. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Commission finds the proposed amendment implements the goals and policies of the Comprehensive Plan, including the following, and have a neutral, or positive effect on the availability of safe and affordable housing where a building would quality as a “commercial building” under the CBES. Objective 23. Achieve a reduction of 20% in carbon dioxide-equivalent emissions from 2009 levels by 2020 through an increase in renewable energy production and reductions in energy use in the following sectors: transportation, commercial/industrial, residential, municipal/school. Strategy 54. Promote energy efficiency through well-designed buildings, siting and landscaping, and 21 encourage increased demand side management programs and the use of site-specific renewable energy resources. Strategy 60. Seek opportunities to develop photovoltaic electric production on City and school grounds and building rooftops, where not in conflict with other goals of this plan. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. K. LDR-19-07 Modify landscape requirements to allow for Solar Canopies in Parking Areas Brief Description of the Proposed Amendment Modifies parking lot landscape standards to allow and foster the installation of solar canopies over parking lot areas. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Commission finds the proposed amendment implements the goals and policies of the Comprehensive Plan, including the following, and have a neutral effect on the availability of safe and affordable housing. 22 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. L. LDR-20-22: Update to comply with Act 179 pertaining to accessory dwelling units, existing small lots, and conditional use criteria for multi-family housing Brief Description of the Proposed Amendment This amendment updates the City’s standards for accessory dwelling units, existing small lots, and conditional sue review of multi-family dwellings to comply with recently-passed minimum requirements for municipalities. The amendments also provide standards for accessory dwelling units that are proposed to be nearer to a side or rear property line than would be allowed for a single family home. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments comply with, and exceed the minimums established by the recently- passed state legislation. These are also supported in the Comprehensive Plan: Strategy 6. Promote the preservation of existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes. Strategy 7. Accommodate compatible infill and additions to homes in existing neighborhoods. Strategy 8. Explore innovative land development regulations that allow for a range of residential building and neighborhood types, including but not limited to cottage housing, clustered housing and infill residential development. The amendments specifically enhance the availability of safe and affordable housing. 23 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Commission finds the amendments are compatible with the proposed future land uses and densities of the Comprehensive Plan and State statutes. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not affect specific proposals for planned community facilities. M. LDR-20-25: Increase s.f. maximum specific to accessory structures and update for consistency with Act 179 Brief Description of the Proposed Amendment The proposed amendments would expand the maximum allowable size of accessory structures on a site from 50% of the footprint of the principal dwelling, to 200% of the footprint, so long as the overall building and low coverage maximum are adhered to. The amendments also separate “accessory structures” from “accessory dwelling units”, which may or may not in fact be within an accessory structure. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The current regulations require that a small home have proportionately less space for accessory structures, in many cases precluding minor additions even though the property is nowhere near its maximum building or lot coverage. The proposed amendment improves this relationship by allowing a greater amount of accessory structure space, while retaining the overall cap on building and lot coverage. The 2016 Comprehensive Plan supports such amendments: Strategy 7. Accommodate compatible infill and additions to homes in existing neighborhoods. The proposed amendment has no significant impact on the availability of safe and affordable housing. 2. Is compatible with the proposed future land uses and densities of the municipal plan. 24 The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. N. LDR-20-28: Expand inclusionary zoning, offset, and bonus provisions city-wide, replacing existing bonus standards where existing Brief Description of the Proposed Amendment The proposed amendment would extend the Inclusionary Zoning provisions to apply to all geographies of the city that allow for residential uses. As a result, the “affordable housing density bonus” provision, which presently applies to all residential areas not subject to Inclusionary Zoning, becomes superfluous and is therefore removed. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Comprehensive Plan places and emphasis on fostering an inclusive community meeting the needs of all household types. Furthermore, the Plan strives for a greater portion of new housing to be affordable. Comprehensive Plan Goal: Be affordable, with housing for people of all incomes, lifestyles, and stages of life; Objective 3. Foster the creation and retention of a housing stock that is balanced in size and target income level, is representative of the needs of households of central Chittenden County, and maintains an efficient use of land for use by future generations. Objective 4. Support the retention of existing and construction of new affordable and moderate-income housing, emphasizing both smaller single family homes and apartments, to meet demand within the regional housing market. 25 Objective 5. Build and reinforce diverse, walkable neighborhoods that off er a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed use transit corridors, and compact residential neighborhoods. Strategy 4. Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. Potential tools should be explored and could include form-based codes that would allow a variety of residential and mixed use building types, transferable development rights, neighborhood preservation overlay districts, household definition regulations, inclusionary zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing retention ordinance. Strategy 13. Target for construction, by 2025, of 1,080 new affordable housing units - 840 housing units affordable to households earning up to 80% of the AMI and 240 housing units affordable to households earning between 80% and 120% of the AMI. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments do not change the overall maximum densities of development or future land uses; they re-organize the existing bonus provisions into a required inclusionary minimum amount, offsets, and additional bonuses. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not affect planned community facilities. O. LDR-21-03: Allow for “limited neighborhood commercial use” within a larger residential building for neighborhoods with Master Plan Brief Description of the Proposed Amendment The proposed amendment would allow a “limited neighborhood commercial use” to be sited within a residential building in higher density zoning districts and continue to require them to be in a small, separate building in lower density residential districts. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 26 The proposed amendment supports the establishment of neighborhood-oriented commercial uses within a short walking distance of neighborhoods and recognizes that the scale buildings of in higher density areas warrants an adjustment of the arrangement of the uses. The Comprehensive Plan encourages these environments: Objective 5. Build and reinforce diverse, walkable neighborhoods that off er a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed used transit corridors, and compact residential neighborhoods The amendments support the availability of safe and affordable housing by reducing vehicle dependance. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. P. LDR-21-07: Exempt the conversion of a dwelling to a licensed child care facility from housing preservation requirements Brief Description of the Proposed Amendment The proposed amendment allow the conservation of a dwelling unit to a child care facility without having to construct a new dwelling unit and without having to pay an “in-lieu” fee. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. 27 The State’s Municipal and Regional Planning And Development statutes contain 17 planning goals that municipal and regional plans must address and be consistent with. Among them: 24 VSA 4302(c)(13): To ensure the availability of safe and affordable child care and to integrate child care issues into the planning process, including child care financing, infrastructure, business assistance for child care providers, and child care work force development. At the local level, the Comprehensive Plan states the following: The provision of safe, local, and accessible childcare and pre-school is a vital element in attracting families to South Burlington. As such, the City endeavors to ensure that high-quality and affordable childcare is available within its borders. The policy of the City shall be to undertake actions to assist in this provision. (Comprehensive Plan P. 2-30) The proposed amendment will have a limited effect on the availability of housing, in that a conversion from a dwelling unit to a child care facility would not require replacement or payment into the affordable housing fund. However, the provision of child care is recognized as a critical need statewide and is directly tied to the ability of families to maintain employment and retain their housing. On balance the Planning Commission finds the overall objectives of affordability and community are enhanced by this proposed amendment. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. Q. LDR-20-21 Minor and technical amendments to include: o Modify retaining wall standards (Section 13.16, formerly 13.25); o Eliminate DRB review of Bus Shelters within city ROW (Section 13.9); o Modify parking lot landscape standards to allow for solar canopies (Section 13.04) o Amend RV Parking standards (Section 3.08); o Amend Traffic visibility standards for consistency (Section 3.06); o Update Airport Approach Cones & FAA review (Sections 3.07, 6.02, 6.03, 13.03); o Amend review standards of Earth Products (Section 13.17); o Amend review standards for Utility Cabinets and Similar (Section 13.18); o Re-organize standards for drive-throughs (Section 5.01, 5.02, 13.11, Table C-1); o Update & clarify height of Accessory Structure (Section 3.07): o Update additional Height Standards for consistency (Section 3.07); o Modify standards for structures requiring setbacks (Section 3.06(F)); o Modify setbacks for pre-existing lots (Section 3.06(J)); 28 o Update setbacks and Buffer Strips Adjacent to Residential Districts for consistency (Section 3.06(I)); o General re-organization, definitions updates, and corrections (throughout) Brief Description of the Proposed Amendment The amendments listed above represent minor adjustments to the regulations that promote consistency in approach, policy, and organization within the Land Development Regulations. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Comprehensive Plan supports consistency and streamlining of regulations. Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of obtaining needed permits with a specific focus on improving predictability of the process. Move as much of the permitting process online as is viable to improve customer access and service. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. 1 Betsy Brown From:Jessie Baker Sent:Monday, January 10, 2022 3:38 PM To:Paul Conner Cc:planning; Colin McNeil; Andrew Bolduc Subject:FW: More complete thoughts......RE: EXTERNAL: Interim zoning; lets not be a suburb From: Meaghan Emery Sent: Monday, January 10, 2022 9:47 AM To: CityCouncil <CityCouncil@SouthBurlingtonVT.gov> Cc: Jessie Baker <jbaker@sburl.com> Subject: Fw: More complete thoughts......RE: EXTERNAL: Interim zoning; lets not be a suburb FYI — and see you tonight. Meaghan From: McCabe, Declan <dmccabe@smcvt.edu> Sent: Sunday, January 9, 2022 6:08:52 PM To: Meaghan Emery Subject: More complete thoughts......RE: EXTERNAL: Interim zoning; lets not be a suburb Thanks Meaghan….I’ll give it a read. But thinking more about your initial question, here are my thoughts. Feel free to share and if it’s useful for me to give a presentation at a meeting at some point I’m happy to do so. Wildlife moves through urban landscapes between wooded patches. A simple google search of “urban bobcat” ….. or substitute what species you like will yield hundreds of articles and images like this: Individually, these photos constitute anecdotal evidence, but the sheer volume of them paints a larger picture of wildlife moving through human dominated landscape at odds with many of Mr. Spear’s thoughts on this issue. Wildlife needs wooded patches to hunker down and by preserving wooded patches we can still be a town with foxes and bobcats and be less dominated by raccoons and rats. I think it’s a mistake to think of wildlife corridors as necessarily being continuous ribbons of woods through the landscape. The patches are like stepping stones that together constitute a corridor. I have seen deer running down the road between Pizza Putt and Shamrock Street; red foxes crossing between a cemetery and a woodland patch on Patchen Road. Carnivores move among multiple denning sites and have large home 2 ranges…bobcats are an example. Patches are critical and eliminating one increases the distance between the remaining ones. This is even more so the case for bird species. Some thoughts…..and keep in mind I really don’t know if any of these ideas are already in place because I have not seriously studied SB policies or had the time to get directly involved. A recent UVM study surveyed Vermonters and asked if they were willing to pay additional taxes for a clean lake and how much. Most were willing to pay. I suspect that a similar survey of South Burlington residents would support protecting trees, wooded areas, and clean streams. You, I and I bet very many others would likely agree that we are a better, more livable town because we have wooded patches. Personally, I love wandering through the electrical right of way and into the Winooski riparian corridor to Muddy Brook. And when my son was getting music lessons near Kennedy Drive, the woods along that Potash Tributary were a wonderful place to stroll. Local laws could be proposed to exempt wooded areas from property tax. Providing that incentive would not only encourage property owners to preserve wooded areas, it would incentivize tree planting. Alternatively we could, as a community, purchase the wooded, riparian, and wetland portions of properties and protect them for the common good. I know that The Underwood property is now ours, but many properties go from street frontage right back into the “Great Swamp” south of Underwood and the property is great habitat in large part because of the connection to that swamp. People treat the swamp as common property…but it is not. I know that many property owners are frustrated with the protracted nature of the interim zooning. It seems to me we need a way out that both protects habitat and somehow incentivizes that protection or compensates the land owners. My thoughts on habitat protection as an entomologist, freshwater ecologist, and SB resident: Defining wildlife as just the big furry or feathery things misses the boat. Mammals and birds are high on a food web that critically depends on plants, trees, and insects. People interested in preserving bobcats, cardinals, and hummingbirds at the local scale of our community, need to also protect insects and therefore trees. We can’t still be a bobcat town unless the trees that feed the squirrels, and the insects that feed the voles at the base of the food web are protected. If we want chickadees, nuthatches, woodpeckers, and grosbeaks visiting our bird feeders, they need nesting sites and an abundance of caterpillars to feed their young…..they need trees. If we want foxes and bobcats keeping rats in check, we need trees. My specialty is freshwater biology. Thinking regionally, we all live in the Champlain watershed and our land use affects water quality in the lake. But we also have streams that can potentially be closer trout streams than to drainage ditches. To put a 50 foot stream-protection buffer in context, it is just the canopy width of a single oak. Someone at some time needed a number and 50 feet was the compromise that was written into law. But who’s to say we as a community can’t decide to do better? A stream needs trees for at least three reasons: 1. To provide buffers between sidewalks, roofs, farms, and fertilized lawns and the stream itself absorbing nutrients and reducing water flow that erodes the stream 2. To shade and therefore cool the stream therefore increasing the oxygen level in the water, and 3. Because the entire stream food web is built upon the leaves that fall into the stream in fall. In my view, 50 feet is minimalistic and I see that many of our remaining forested patches are along streams like Potash Brook for example. Finally, at the global scale…..we are in an existential crisis that needs to be fixed at local, regional, national, and global scales. Let’s be an example for our kids and make our town earn the Tree City USA title that I see when I drive in from Colchester. I apologize if this seems like a statement of the obvious. I teach this material to biology majors and I tend to forget what parts are common knowledge and what parts are slightly esoteric. But everything in this message is supported by the scientific literature. You asked about paths under the Interstate. I placed trail cameras on several underpasses and it’s a mixed bag. For example, from the Whale-tails property: the Muddy Brook underpass is big enough to provide dry bank for many things to pass and I have seen foot prints confirming that this area gets used. Potash Brook a little farther west is usually bank to bank full at the underpass and works somewhat for wildlife when it’s frozen…..less so the rest of the year. Even when 3 it is frozen, it takes more time to freeze at the center of the highway. And not all mammals are equally happy entering an underpass (there’s a rich literature on this topic). The Centennial Brook underpass is a pipe big enough to walk through and gets a lot of use by raccoons at least. Some other watercourses go through smaller culverts and for sure grey foxes will go through (second and fourth photos) Raccoons go through and in one case have a den in a culvert. These photos are from culverts from Centennial Woods under I89 Near Patchen Road (student project in 19/20): These cameras were in place for less than a month and we picked up fisher, bobcat, grey fox, raccoon, mink. So, yes, there are paths that animals take under the interstate. That’s not their design intent….but no one told the animals. Cheers Declan From: Meaghan Emery <memery@sburl.com> Sent: Sunday, January 9, 2022 3:15 PM To: McCabe, Declan <dmccabe@smcvt.edu> Subject: Re: EXTERNAL: Interim zoning; lets not be a suburb ❚❛❜ External Sender ❚❛❜ Hi Declan, Thank you for this response. The map showing the connection between Wheeler and the wooded area on the Hill Farm parcel seems to underscore the environmental importance of the area. I also wondered if you knew whether there are paths for the animals to take to pass under the Interstate. The area along the Interstate is adjacent to a wetland and so if there are animals near FedEx, they must not be deterred by the highway and able to have their habitat. I found the Arrowwood report (2020) and am attaching it here. Thank you for taking a look and for sharing your expertise with me. I'm seeking to understand this parcel more, and your input is very helpful and trusted. 4 Wishing you a good week. We'll be in touch! Meaghan From: McCabe, Declan <dmccabe@smcvt.edu> Sent: Friday, January 7, 2022 4:51 PM To: Meaghan Emery Subject: RE: EXTERNAL: Interim zoning; lets not be a suburb Hi Meaghan He makes some excellent arguments. I’d be curious to read the Arrowood report he referenced. Where I might disagree: vertebrate species like grey fox, bobcat, and red fox are mostly nocturnal and interactions with dog walkers etc would be minimized. I photographed a bobcat at the whale tails (not far from this site), another south of where Patchen Road crosses the highway, and more bobcats were recently photographed between my Country Club Drive neighborhood and the airport. I suspect that if you put a dozen trail cameras in this spot for a month you’d get at least foxes and it would not be a surprise if you also got a bobcat. They get about the place and seem to move through suburbia fairly well. What I have learned from putting trail cameras in Burlington, South Burlington, Colchester, and Essex, is that where ever I put a dozen cameras….I get a bobcat eventually. And this is why I have shied away from these discussions. I’m fairly confident that there would be foxes and bobcats present and enough deployed cameras will detect them. We found red fox, grey fox and bobcat at the Underwood property with just 3 months of camera work. But what then? Should the presence of these species preclude development? Maybe. I think what would be ideal for South Burlington would be to retain as much wooded habitat as we can. Looking at this property I think it would be great to retain the core wooded area bounded by the highway to the north and Brand Farm Drive to the west and on down to Wheeler. Losing those trees diminishes the habitat value of Wheeler no matter how it is sliced. Established woodland, even second growth woodland, is hard to replace. Why not protect the woods, develop the less valuable habitat closer to Hinesburg Road? The difficulty of course is that although we as a community might like more woods…..but individual land owners want to do what they want to do (wow….don’t I have an incredible sense of the obvious). I also agree with his implication that we should plant trees at Wheeler…….let me know if you want me to show up with a dozen 20 year olds with shovels ͧͨͩͪ Anyway, this is a ramble I know…..if you an send me the Arrowood report I’ll have a look. And I could also plop come cameras in Wheeler and find you a bobcat and a fox. Cheers Declan From: Meaghan Emery <memery@sburl.com> Sent: Friday, January 7, 2022 3:56 PM To: McCabe, Declan <dmccabe@smcvt.edu> Subject: Re: EXTERNAL: Interim zoning; lets not be a suburb 5 ❚❛❜ External Sender ❚❛❜ Dear Declan, I hope that this message finds you well and looking forward to a happy new year! We have received a letter from a wildlife biologist containing a wildlife analysis of the Hill Farm property west of Rte 116, across from the industrial/commercial zone just south of the interstate. Would you be willing to take a look at it and let me know your thoughts? Thanks for your continued engagement in our policy work here in the city. All my best, Meaghan Meaghan Emery Vice-Chair, South Burlington City Council From: McCabe, Declan <dmccabe@smcvt.edu> Sent: Monday, February 10, 2020 9:43 AM To: David Kaufman; Tom Chittenden; Tim Barritt; Meaghan Emery; 'hriehle@sburl.co' Subject: EXTERNAL: Interim zoning; lets not be a suburb This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Good morning folks I have heard that there’s a good chance that Interim Zooning may end without decisions to protect any of the open lands identified by the open-space committee? I have attended one of the open space meetings and it is clear to me that this committee worked hard to conscientiously to prioritize lands worthy of protection. Please let’s not waste all of the work that this group did for free. 6 Personally, one reason my family and I live in South Burlington is because we can access open land and woods for exercise, bird watching, and animal photography. But I have observed gradual disappearance of these spaces. I’m concerned that the recent sale of UVM property will shrink that parcel adjacent to East Woods which represents excellent wildlife habitat and take away some of the few sand dunes remaining from the Champlain Sea. If unlimited development on the properties backing into the ‘Great Swamp’ south of the Underwood property happens we will see our largest continuous patch of habitat are reduced to building lots. I was out there on yesterday with a dozen South Burlington friends. We bumped into cross country skiers and folks on snow shoes enjoying this spectacular resource. I know from my camera-trap work that there are coyotes, red fox, grey fox, and bobcat populations in the great swamp and Underwood property (see photo below from last month). Not just transient animals; regular repeated sightings; you can’t sustain these properties that are keeping rodents in check without the combination of open and wooded land that is now there. On the larger scale, our local impacts have implication on lake water quality not to mention global carbon budgets. So, I ask you as a South Burlington resident, parent, and scientist, please don’t turn our town into a Burlington suburb in the style of New Jersey. It has been said before: we have the opportunity to remain a bear and bobcat town, and not become a raccoon and rat town. Thank you for your service to our community. Sincerely yours, Declan McCabe Professor of Biology Natural Area Coordinator Cheray 301 802 654 2626 Biology Box 283 Saint Michael's College One Winooski Park Colchester VT 05439 7 1 Betsy Brown From:Paul Conner Sent:Tuesday, January 11, 2022 8:39 AM To:planning Subject:FW: EXTERNAL: Fwd: NEW LDRs and C2 District Impacts Attachments:25 GMD LD letter 01-10-22.pdf From: Jim Carroll <droid2915@gmail.com> Sent: Monday, January 10, 2022 4:56 PM To: Meaghan Emery <memery@sburl.com>; Tom Chittenden <tchittenden@sburl.com>; Tim Barritt <tbarritt@sburl.com>; Matt Cota <mcota@southburlingtonvt.gov>; Jessie Baker <jbaker@sburl.com>; Paul Conner <pconner@sburl.com> Subject: EXTERNAL: Fwd: NEW LDRs and C2 District Impacts This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. This got inadvertently sent without all your contacts. I'm traveling and would rather have a private discussion than trying to make such complicated matters part of a public forum. ---------- Forwarded message --------- From: Jim Carroll <droid2915@gmail.com> Date: Mon, Jan 10, 2022 at 4:43 PM Subject: NEW LDRs and C2 District Impacts To: hriehle@sburl.com <hriehle@sburl.com> Cc: Mike Simoneau <simmy@buyvtrealestate.com> Dear Ms. Chairman, We had observed the last City Council meeting and grew increasingly concerned about the details. We had been working on a sketch plan to bring in but the LDRs got out in front of us somewhat surprisingly. We had hoped that given the objectives stated that there would be infill opportunity to assist in coping with the damages to Real Estate from Covid19. From the attached which we have not had an opportunity to discuss yet with Paul. 2 It would be hoped that before the council moves forward that mikes advice might be heard and followed allowing the new world were in to be absorbed. If that is not what is going to happen we respectfully ask that C2/PUD be specifically excluded from the impact of LDRs. Hopefully the consequences are inadvertent collateral impacts and not planned. It seems as though the primary objectives are not even aimed at C2/PUD. Mike S. (copied ) we identified with his words. Covid, Zoom etc have decimated the Grand list and layering more adverse impacts as survival is a challenge just doesn’t make sense. Please consider the attached and this email as a formal request to exclude C2/PUD from the implementation of the LDRs until appropriate adjustments can be made or delay the LDRs until a all zones impacts can be discussed and issues resolved. Our quick understanding so far is that the consequences are unbearable. Jim 802-233-0307 Sent from Mail for Windows 1 Betsy Brown From:Helen Riehle Sent:Tuesday, January 11, 2022 10:29 AM To:Betsy Brown Cc:Jessie Baker Subject:Fwd: EXTERNAL: So. Burlington--New Zoning Regulations Another e-mail for the record. Helen Sent from my iPhone Begin forwarded message: From: Jud Lawrie <judlawrie@mindspring.com> Date: January 11, 2022 at 10:19:02 AM EST To: Helen Riehle <hriehle@sburl.com>, Meaghan Emery <memery@sburl.com>, Tim Barritt <tbarritt@sburl.com>, Tom Chittenden <tchittenden@sburl.com>, Matt Cota <mcota@southburlingtonvt.gov> Subject: EXTERNAL: So. Burlington--New Zoning Regulations This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear South Burlington Councilors The climate crisis is probably the biggest threat to humankind. And to the animals and plants upon which we depend. I therefore urge you to carefully consider the following new zoning regulations that you are currently deliberating. Specifically, I urge the following: 1. The reinstatement of environmental protections for farmlands, shrub lands, grasslands, and agricultural lands. 2. The protection of ALL wildlife habitat blocks. 3. The protection of the supporting habitat areas around the wildlife habitats. 4. The rezoning of all of the land south of Nowland Farm Rd as a “Natural Resource Protection” area. 2 5. The elimination of minimum density requirements. Rural lands should remain undeveloped as the city plan envisions. 6. Allowing landowners across the city to use a Conservation Planned Unit Development if they so choose. The natural world sustains us, but only if we protect it from destruction. We have the power to do something about climate change by enacting sound environmental protection measures in our land regulations. Thank you. Jud Lawrie Chair, Climate Justice Team First UU Society of Burlington R E S O L U T I O N TO: City Council, City of South Burlington FROM: South Burlington Economic Development Committee The Economic Development Committee notes the broad nature of the proposed Land Development Regulation (LDR) amendments and is concerned that their adoption will have far reaching consequences on the future economic development of the City and the surrounding region. Therefore, in considering the proposed LDR amendments through the “economic lens” and effects on the future economic growth and vitality of South Burlington and the region (of which South Burlington is a central and pivotal part) the Committee summarizes its concerns as follows: (1) The amendment has the effect of reducing the number of future housing units and commercial development. This erodes the City’s property tax base and has a negative impact on the future sustainability of the City’s ability to finance future upgrades to City facilities, and schools. (2) The adoption of the Habitat Block Overlay District and the expansion of the Natural Resource Protection District are, as proposed, ill advised. Without modification, these changes may likely expose the City to years of expensive, and unnecessary, litigation. (3) In addition to restricting future housing, the proposed changes to Articles 3, 9, 13 and 15 will, working in concert, likely drive up the costs of new housing construction. These cost impacts were apparently never considered in the drafting and preparation of these changes. (4) The reduction in good housing will negatively impact the City’s, and the region’s, ability to attract and retain good employers and foster and incubate new businesses. (5) The restrictions on work force housing in South Burlington will drive future housing towards more rural areas further away from the jobs and employers in the areas in and near South Burlington. The result will be more and longer employee commuting (CO2 producing) hampering the efforts to mitigate climate change. (6) Because of the magnitude of the changes and for the reasons set forth above, the Committee urges that the proposed changes be tabled until a 3rd party economic and risk analysis can be completed. It is respectfully requested that the City Council consider the above economic consequences in deciding whether to adopt and/or modify the proposed LDR amendments. Adopted by the South Burlington Economic Development this 11th day of January, 2022. ___________________________________ John Burton, Committee Chair Jessie Baker, City Manager Helen Riehle, City Council Tim Barritt, City Council Tom Chittenden, City Council Matt Cota, City Council Meaghan Emery, City Council 180 Market Street South Burlington, VT 05403 January 19, 2022 Dear Jessie and Members of the City Council, The South Burlington Business Association’s Board of Directors has reviewed the resolution that came from the Economic Development Committee, and we support their concerns regarding the Land Development Regulations. As we stated in previous correspondence, we see several of the proposed revisions as against the interest of providing jobs and housing in South Burlington, and, therefore, against the interests of business in general. We continue to ask that you keep in mind that South Burlington and Chittenden County are important economic drivers for the region and State. Controlling growth may be a valid cause but should be balanced with a reasonable economic plan and an understanding of tax capacity. We would be happy to discuss this issue further if you would like additional input. Sincerely, Michael Keller, Co-Chairman John Wilking, Co-Chairman 1 Betsy Brown From:Jessie Baker Sent:Monday, January 31, 2022 9:12 AM To:planning Subject:FW: EXTERNAL: Vermont's carbon storage -----Original Message----- From: Rosanne Greco <rosanne05403@aol.com> Sent: Saturday, January 29, 2022 6:15 PM To: Helen Riehle <hriehle@sburl.com>; Meaghan Emery <memery@sburl.com>; Tim Barritt <tbarritt@sburl.com>; Tom Chittenden <tchittenden@sburl.com>; Matt Cota <mcota@southburlingtonvt.gov> Cc: Jessie Baker <jbaker@sburl.com> Subject: EXTERNAL: Vermont's carbon storage This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Councilors, Perhaps some of all of you may have already read the “Initial Vermont Climate Action Plan” and know this stuff…but just in case, I want to share what I am learning as I read it (I’m about 1/3 of the way through it). The part that got my attention— because it is intimately connected with our land use and the LDRs under consideration — was on Vermont’s carbon budget. They assessed how much carbon and other greenhouse gases are being stored in Vermont’s AFOLU — agriculture, forestry, and other land uses (grasslands, shrublands, wetland, water bodies, urban and developed lands). Bottom line: Vermont’s AFOLU currently offset about 41% of the State’s gross GHG emissions (page 59). Ergo, we are putting more GHG into the atmosphere than our natural lands can absorb and store (and prevent from getting into the atmosphere). Worse news: since 1990, there has been a 36% decline in the strength of Vermont’s AFOLU’s carbon sinks. Reason: development. Here is how they put it: “The capacity of Vermont’s AFOLU sector to continue to sequester and store carbon depends on its continued existence (e.g., land use conversion to development releases stored carbon and prevents future sequestration), health (e.g., AFOLU sector can be negatively affected by climate change, pollution, and degradation), and human decisions on land and water management, all of which can affect the rates of carbon sequestration and GHG emissions.” (page 60) The Vermont Climate Action Plan urges the preservation of nature (AFOLU) everywhere in Vermont if we are ever to have a chance not only to meet Vermont’s climate goals, but to survive the coming climate crisis impacts. Any more development of open lands will make our predicament worse, and will contribute to a horrible future for our children. No amount of economic gain from development is worth the health and lives of our children, and human survival. Please, for goodness sake, think of more than the grand list and housing. South Burlington’s grand list is large enough. We have more houses than we can fiscally sustain in city and school services. Our city has contributed far more than our fair share to the county of not only affordable housing, but housing in general. We already have more than enough houses…and over 1,400 more are still to be built! What we lack is sufficient natural lands to store the gases we produce. We can’t build a tree or a meadow; but we can prevent the ones we do have from being destroyed. Please don’t water 2 down any of the environmental protections in the draft LDRs. And, please consider increasing protections after you codify the draft LDRs. Thank you. Rosanne 1 Betsy Brown From:Jessie Baker Sent:Thursday, February 3, 2022 8:57 AM To:planning Cc:Paul Conner Subject:FW: EXTERNAL: LDR Economic Impact Study Attachments:EDC resolution 1-10-22.pdf; Proposal Letter -LDR Impact Analysis - South Burlington VT.pdf Please include this in the public comment packet for the Council. Thank you, Jessie From: jrbipad@gmail.com <jrbipad@gmail.com> Sent: Thursday, February 3, 2022 7:09 AM To: Jessie Baker <jbaker@sburl.com> Subject: EXTERNAL: LDR Economic Impact Study This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi Jessie, Below is a copy of an email that I send to each city councilor this morning. Feel free to reach out to me with any questions or concerns as we approach the meeting on 2/7. Thanks, John John Burton 7 Harbor Ridge Road South Burlington, VT 05403 802-881-2088 Dear Megan, I am writing to you as the Chair of your Economic Development Committee. As you may be aware, our committee passed the attached resolution on 1/10/22 in relation to the imperative for an economic impact study of the proposed LDR changes. We believe that the Council has a fiduciary duty to consider the financial impacts that such sweeping changes may have on the voters of South Burlington. 2 We have asked for preliminary quotes from several economic consulting firms and have received the attached statement of work and estimate as an example of a possible study approach. We recommend that this study be conducted by a neutral third party in a manner that provides the economic facts about the proposed regulations. We would ask the City Council to consider taking a brief pause and commission this study so that a complete understanding of both the short and long-term economic impacts are fully understood before taking a final vote on these important regulatory changes. Taking time to do this important study, despite the unfortunate timing of the upcoming election, will show our citizens that the Council is making these changes to both maintain our quality of life and financial well-being. We believe that South Burlington can attain both these goals. I am available by phone (802-881-2088) or via my email (jrbipad@gmail.com) to discuss this motion and project estimates at any time so feel free to contact me to discuss the details. Sincerely, John John Burton 7 Harbor Ridge Road South Burlington, VT 05403 802-881-2088 R E S O L U T I O N TO: City Council, City of South Burlington FROM: South Burlington Economic Development Committee The Economic Development Committee notes the broad nature of the proposed Land Development Regulation (LDR) amendments and is concerned that their adoption will have far reaching consequences on the future economic development of the City and the surrounding region. Therefore, in considering the proposed LDR amendments through the “economic lens” and effects on the future economic growth and vitality of South Burlington and the region (of which South Burlington is a central and pivotal part) the Committee summarizes its concerns as follows: (1) The amendment has the effect of reducing the number of future housing units and commercial development. This erodes the City’s property tax base and has a negative impact on the future sustainability of the City’s ability to finance future upgrades to City facilities, and schools. (2) The adoption of the Habitat Block Overlay District and the expansion of the Natural Resource Protection District are, as proposed, ill advised. Without modification, these changes may likely expose the City to years of expensive, and unnecessary, litigation. (3) In addition to restricting future housing, the proposed changes to Articles 3, 9, 13 and 15 will, working in concert, likely drive up the costs of new housing construction. These cost impacts were apparently never considered in the drafting and preparation of these changes. (4) The reduction in good housing will negatively impact the City’s, and the region’s, ability to attract and retain good employers and foster and incubate new businesses. (5) The restrictions on work force housing in South Burlington will drive future housing towards more rural areas further away from the jobs and employers in the areas in and near South Burlington. The result will be more and longer employee commuting (CO2 producing) hampering the efforts to mitigate climate change. (6) Because of the magnitude of the changes and for the reasons set forth above, the Committee urges that the proposed changes be tabled until a 3rd party economic and risk analysis can be completed. It is respectfully requested that the City Council consider the above economic consequences in deciding whether to adopt and/or modify the proposed LDR amendments. Adopted by the South Burlington Economic Development this 11th day of January, 2022. ___________________________________ John Burton, Committee Chair Mailing Address: PO Box 3547 Phone: 518.899.2608 Fax: 512.777.5045 www.camoinassociates.com 2/1/2022 John Burton 7 Harbor Ridge Road South Burlington, VT 05403 Re: Proposal for impact analysis of proposed land development regulation changes Dear John: Thank you for your reaching out to Camoin Associates regarding your interest in an impact analysis to support the City of South Burlington as they consider changes to their land development regulations. We have intentionally kept this proposal brief but would be happy to provide additional details should you so desire. Below is a description of our qualifications and an outline of our proposed scope and fee. Qualifications Camoin Associates has provided economic development consulting services to municipalities, economic development agencies, not-for-profits, and private enterprises since 1999. We specialize in economic impact studies, including large-scale industrial, commercial, institutional, residential, and mixed-use developments. Camoin Associates has presented on the subject at various events, including conferences of the New York State Economic Development Council, the Wisconsin Economic Development Association, the New Hampshire Economic Development Association, and the Northeastern Economic Developers Association, and has authored a white paper titled, “The Importance of Fiscal Impact Analysis in Economic Development & Planning.” Our impact analysis work has been highlighted in many news outlets, including Forbes, the Wall Street Journal, the New York Times, and National Public Radio’s Marketplace. More information can be found at our website: www.camoinassociates.com. Additional qualifications are attached to this letter. Project Understanding We understand that the City of South Burlington has been working to update their land development regulations and has reached a point where there is a need for an analysis of the economic and fiscal impacts of the proposed changes. The proposed changes would limit the amount of development that would be possible within the city limits for perpetuity, particularly in the southeast quadrant. An analysis is needed to provide decision makers with the data necessary to make informed decisions regarding the impact of these land development regulations in the city. Specifically, an analysis is requested to compare the economic and fiscal implications of development under current regulations and development under the proposed regulations. This will provide decision makers and the public with information to move forward confidently. There are four development scenarios being considered: low and high development under current regulations and low and high development under proposed regulations (collectively referred to as “Build Out Scenarios”). As part of the review process, the City is interested in calculating the net impact of the four scenarios over the next 20 years in terms of both additional revenue (e.g. property tax) and costs (e.g. municipal services) to estimate the benefit-cost of the proposed changes. We understand that the City will be able to provide details of the build-out under each of the four scenarios, including the information listed under Limitations below. 2/1/2022 Page 2 of 14 www.camoinassociates.com Scope of Services Fiscal Impact Analysis The net fiscal impact of the Build Out Scenarios on the City of South Burlington will include a comparison of the additional cost and additional revenue generated as a result of the proposed change in land development regulations under the four Build Out Scenarios. To measure the additional cost that the Build Out Scenarios will create for municipal service providers, Camoin Associates will collect data from multiple sources such as city-wide assessed value, population, total number of existing city households, unit type breakdown within the Build Out Scenarios, City budget materials, and the property assessment methodology and tax calculations used by the City. Each line item of the City budget and school district budget will be analyzed to determine whether it will be variable (dependent on the Build Out Scenarios) or fixed (will not change based on the Build Out Scenarios). In addition to the budget analysis, Camoin Associates will also interview department and agency heads and other public officials of the City and School District as necessary to provide a comprehensive assessment of the fiscal impacts of the Build Out Scenarios, for example, impacts on provision of emergency services, water and sewer, new school aged children, etc. Using the information collected, Camoin Associates will calculate the annual cost of the Build Out Scenarios on the City and School District’s fiscal resources using both a per capita method and interviews with key individuals that are involved with the daily provision of services for the Town and School District. This will determine the average annual and total cost over a 20 year period for the City and School District. Following a similar methodology as used to determine cost, Camoin Associates will estimate variable revenues (including license and fee revenues, etc.) and property tax revenue that can reasonably be assumed will be generated. This will determine the average annual and total revenue over a 20 year period for the City and School District. Using these figures, Camoin Associates will generate an annual net fiscal impact (revenues less expenditures) for the City and the School District over the next 20 years. Economic Impact Analysis Camoin Associates will calculate the economic impacts of the Build Out Scenarios. The result will be expressed in terms of total jobs, wages, and output that the Build Out Scenarios will cause to occur. The Camoin Team will use the Emsi modeling tools to take the “Direct Effects” (i.e. the jobs, wages, and output associated with the Build Out Scenarios) and calculate the “Indirect Effects” (i.e. additional jobs, wages, and output caused by purchases in the local economy) and the “Induced Effects” (i.e. the additional jobs, wages and output caused by employees spending their wages in the local economy). The total economic impacts are the sum of the Direct Effects, Indirect Effects, and Induced Effects on the City and State (or other geographies as desired). Deliverable: Report outlining the net fiscal impact of the Build Out Scenarios on the City of South Burlington and the School District. The report will include 20-year projections for municipal service impacts. Camoin Associates can also create an infographic or slide deck to present the results in a concise and clear way for various audiences. 2/1/2022 Page 3 of 14 www.camoinassociates.com Limitations It is explicitly understood by Camoin Associates and the City of South Burlington that: The City of South Burlington agrees to be available to answer questions and review assumptions to be used by Camoin Associates in the analysis on an as needed basis and will provide Camoin Associates with a timely response. The analysis will be completed on four build out scenarios that are provided to Camoin Associates. Changes to the initial build out scenarios may be cause for increased fee. The Client will be able to provide project information, including: o A general description of the build out scenarios (e.g. square footage, building type, site transportation intensity, use type, etc.) o Number of residential units by type and bedroom count. o Price points of residential units. o Square footage of commercial spaces. o Current citywide assessed value, percent residential and percent nonresidential o Current tax rates o Current assessed value and estimated assessed value upon completion o Current school district enrollment and recent trends o Copy of current City budget (preferably in Excel) o Copy of current School District budget (preferably in Excel) o Contact information for police department, fire department, emergency service providers, public works department, school superintendent and others o Other information deemed relevant to the analysis No site visits by Camoin Associates are required or included in this scope of services and fee estimate. Camoin Associates will provide an objective analysis using standard assumptions and generally accepted methodologies for conducting impact analyses. As such, Camoin Associates cannot and does not guarantee a particular result of the report and cannot and does not guarantee a result that the Client considers favorable. Schedule and Fee Assuming a timely delivery of information and the availability of City and School District staff members to respond to phone and email inquiries, Camoin Associates can deliver a final product in no more than six weeks from the date of receipt of a fully executed contract and deposit. We are able complete the proposed scope of work for a fee of $30,000. Thank you for the consideration you offer our proposal. If you have any questions, please feel free to contact me at 518-899-2608 or rachel@camoinassociates.com. We look forward to the opportunity to work with you. Sincerely, /s/ Rachel Selsky Vice President 2/1/2022 Page 4 of 14 www.camoinassociates.com WHO WE ARE A meaningful job has the power to change people’s lives forever. It improves self-esteem and strengthens families. I founded Camoin in 1999 to multiply that dynamic and, in the process, change communities for the better.” Rob Camoin, President & CEO OUR PURPOSE At Camoin Associates, we believe a meaningful job that provides purpose, hope, and a good income is what it is all about. It takes hard work to achieve that goal for entire communities, so everyone can have a chance to prosper. That’s where we come in. We work with public officials to target resources to improve the business climate in communities and we help business leaders and not- for-profit executives resolve tough management issues. OUR PEOPLE We live where we work and love it. From our headquarters in beautiful Saratoga, New York, to offices in authentic Portland, Maine, from vibrant Richmond, Virginia, to worldly Boston, Massachusetts, and spirited Providence, Rhode Island, we know what makes life interesting: exceptional people and places. We are professionals without pretense. We enjoy helping our clients make good things happen. OUR COMMITMENT We want you to succeed. The work we do for you will be integrated, pragmatic, forward leaning, intelligent, and actionable. 2/1/2022 Page 5 of 14 www.camoinassociates.com Rachel Selsky, AICP | Vice President With a passion for consensus building and community education, Rachel’s ability to present highly technical topics in a clear and concise manner helps engage local stakeholders and policy makers in a meaningful way and support them to make informed decisions regarding their future. Rachel has a background in planning and is one of the firm’s most experienced project managers. Her leadership has led to the successful completion of large economic development strategic planning projects with multiple partners and a wide variety of stakeholders. With a focus on finding solutions and opportunities, Rachel’s skill is in bringing multiple groups together to see where their interests overlap in order to find a path forward that benefits all parties. Energized by finding actions that can be quickly implemented, Rachel enjoys working with clients to develop a final product that can be utilized to achieve their vision for future economic prosperity. Rachel is an excellent facilitator with a particular interest in making events enjoyable for the participants, ensuring all voices are being heard, and truly listening to what is being said. She is known for crafting engaging public meetings and committee work sessions that draw out real-world solutions from the groups she works with. Recently, her work has focused on bringing young people into the economic development conversation, a topic she has written about and presented on in an Economic Development Navigator series: Engaging Young People: How and Why to Bring Young People into Economic Development Planning. FEATURED PROJECTS Various Economic and Fiscal Impact Studies | Nassau County IDA | Rachel has been working with the Nassau County IDA for almost a decade, providing expert analysis of the economic and fiscal impact of all the major projects that the IDA has considered for inducement during that time period. Those 75 major projects have spanned the gambit of industrial, commercial, retail, institutional, residential and non- profit uses with a cumulative impact of 32,000 jobs. Garvies Point Mixed Used Development, Glen Cove NY | RXR Glen Isle | Working with the developers, Rachel lead the Camoin team to conduct a full economic and fiscal impact analysis on this billion dollar mixed-use project on Long Island. The analysis considered the cost of providing community services, additional revenue, and the transformational impact of this project on the region. Seneca Place Development | Town of West Seneca, NY | In consideration of a major mixed-use project in the Town of West Seneca, NY, Rachel acted as project manager to analyze the economic and fiscal impacts of this project, including residential, office, hotel, movie theater, retail, and more. JOINED CAMOIN: 2008 YEARS OF EXPERIENCE: 10+ EXPERTISE Economic and Fiscal Impact Analysis Regional economic strategies Rural economic development Community facilitation Innovation-led economic development AFFILIATIONS Southern New England APA (SNEAPA) American Planning Association (APA), AICP National Charette Institute Certification EDUCATION Master of Regional Planning, University of Albany B.A. Urban Studies and Planning, University of Albany 2/1/2022 Page 6 of 14 www.camoinassociates.com Jessica Ulbricht | Senior Analyst Jessica is dedicated to using her background in statistics and economics to help communities uncover their unique strengths. Jessica holds a Master of Science in Applied Statistics and Decision Making from Fordham University and a Bachelor of Arts in Economics and Political Science from Providence College. She completed additional training in Public Administration through Providence College’s certificate program. Prior to joining Camoin, Jessica spent five years in financial technology consulting. During her time as a consultant and as a consulting manager at FactSet Research Systems Jessica partnered with some of the firm’s largest global investment banking clients to implement data driven processes and solutions. Previously, Jessica interned with the economics research team at Bank of America Merrill Lynch and with the Rhode Island Department of Health and Human Services. While at the Department of Health and Human Services Jessica was tasked with researching unemployment in the New England states and wrote policy briefs discussing post-recession growth in these states. Additionally, Jessica spent an academic year exploring structural unemployment in Rhode Island’s economy through a funded independent research project. FEATURED PROJECTS Economic and Fiscal Impact | City of Kingston, NY | To assess the feasibility of a mixed-use development within the City of Kingston’s downtown area Jessica led Camoin’s market analysis and economic and fiscal impact study. This included an in- depth analysis of the residential and hotel markets within the city. Economic and Fiscal Impact of Raye’s Mustard Mill Museum | City of Eastport, ME | Jessica acted on analyst of this project and led the economic and fiscal impact modeling of Raye’s Mustard Mill Museum. Her analysis focused largely on the tourism impacts that result from visitation to the museum, and the impact that this has on the city and beyond. By calculating and analyzing the spending basket of museum visitors, Jessica was able to model the indirect impacts of the museum which are being used to convey the museum’s importance to the local and state economy. Life Science Industry Impact | Bioscience Association of Maine | As project manager and lead analyst on this project, Jessica completed a statewide analysis of Maine’s life science industry, and its associated economic impacts. Through quantitative and qualitative research Jessica developed a “State of the Industry” report that will be used to communicate to stakeholders the impact that the life science industry has on the state. JOINED CAMOIN: 2018 YEARS OF EXPERIENCE: 5+ EXPERTISE Economic and fiscal impact Market data analysis Project management Financing economic development CAREER EXPERIENCE Consulting Manager, FactSet Research Systems Economic Data Analyst, Bank of America EDUCATION Master of Applied Statistics and Decision Making, Fordham University Certificate in Public Administration, Providence College B.A. Economics & Political Science, Providence College 2/1/2022 Page 7 of 14 www.camoinassociates.com Mara Klaunig, MPA | Senior Analyst Mara creates customized research and analysis methodologies that help economic and workforce development clients make informed policy decisions. She has over ten years of experience consulting for a wide array of clients across the nation, including local and regional economic development organizations, higher education institutions, non-profits, developers, utilities, public transportation, and private developers. Prior to joining Camoin Associates, Mara created her own consulting firm focused on regional economic development, entrepreneurship ecosystems, and industry diversification. She has also served as Assistant Director of Research for Thomas P. Miller & Associates, a national economic and workforce development consulting firm. While in that position, she created a new line of services for impact analysis and feasibility studies. She also has experience in municipal finance (including tax increment financing) and budgeting. FEATURED PROJECTS Mara recently joined the Camoin Associates team. Her featured projects were all performed in previous roles. Large User Financial Impact Model | Wabash Valley Power Alliance | Indianapolis, IN | Mara was the project manager and lead analyst for the creation of a customized impact model for a 23-member generation and transmission electric cooperative. The analysis involved creating rate models for each cooperative, creating projected growth scenarios for all large users based on industry and market analysis, then aggregating scenario models for each coop to predict how the alliance could be impacted by changes in power usage by its largest customers. JOINED CAMOIN: 2022 YEARS OF EXPERIENCE: 10 EXPERTISE Project management Target industry analysis Supply chain analysis Workforce program market analysis Industry base diversification Economic and fiscal impact analysis Scenario modeling CAREER EXPERIENCE Owner, SLE Analytics Assistant Director of Research, Thomas P. Miller & Associates Project Consultant, London Witte Group EDUCATION Master of Public Affairs, O’Neill School of Public and Environmental Affairs, Indiana University B.S. Political Science, Ball State University 2/1/2022 Page 8 of 14 www.camoinassociates.com WHAT WE DO OUR BACKGROUND Camoin was founded by Robert Camoin in 1999 with a commitment to improve the economic well- being of communities. Along the way, we’ve completed over 1,000 projects in 40 states and helped advance prosperity for entrepreneurs, small businesses, multi-national corporations, rural villages, cities, counties, and metropolitan regions. Today we are 25 highly skilled professionals who work diligently to analyze and understand data, build consensus, and creatively manage complex situations. OUR APPROACH We find simple and elegant solutions amidst complex realities. We know how to step into your position to profoundly understand your challenges before stepping back to assimilate a broad perspective. In the process, we become your trusted adviser as we work together to answer perplexing questions and break through the obstacles that stand in your way. OUR SPECIALTIES We work with public officials to create and implement strategies and actions that improve the quality of life for communities and we help business leaders and not- for-profit executives deal with tough issues. Simply stated, we stimulate investment. Strategic Planning Organizational Planning Industry & Workforce Analytics Economic & Fiscal Impact Analysis Real Estate Development Services Lead Generation & Business Connections Economic development is a process that requires a comprehensive understanding and unique approach for advancing economic prosperity — that’s what we do. 2/1/2022 Page 9 of 14 www.camoinassociates.com PROJECT EXPERIENCE Since 1999, Camoin Associates has completed over 1,000 projects in 44 states. The following projects show our expertise in economic and fiscal impact analysis. Additional project profiles can be found on our website, www.camoinassociates.com. 2/1/2022 Page 10 of 14 www.camoinassociates.com Garvies Point Mixed Use Development Economic and Fiscal Impact City of Glen Cove, NY THE CHALLENGE | Camoin Associates was commissioned by RXR Glen Isle Partners to conduct an economic and fiscal impact study of a proposed $1 billion development of a major mixed used project on the City of Glen Cove. The proposed project would increase the tax base for the City of Glen Cove and offer new amenities along the waterfront. The large waterfront mixed-use development, currently under construction, will consist of over 1,000 residential units, a marina, restaurant, hotel, retail space, and other commercial space. The issue holding the project back was a large financing gap related to extensive infrastructure upgrades the City needed to make to induce the development. Camoin Associates was hired to assist both the developer and the City in addressing this financing gap. THE SOLUTION | Camoin Associates analyzed how the project would impact the City’s tax base and how the City could use a combination of future PILOT revenue and property tax revenue to support the issuance of a bond to complete necessary infrastructure improvements related to the project. In effect, we showed that the City could use this funding stream to induce the project without harming existing tax payers. THE IMPACT | What resulted was an innovative, first-in-kind combination of both PILOT-Increment-Financing and Tax- Increment-Financing to make this essential project a reality for the City. Our worked helped align the developer, the City, and the public behind the project. CLIENT RXR Glen Isle SERVICES Analysis of the Impact of the Project on the Public Safety Providers Determination of the Number of Residents and School Aged Children at the Project Net Fiscal Impact Analysis for the City of Glen Cove Economic Impact Analysis TIF Capacity Analysis 2/1/2022 Page 11 of 14 www.camoinassociates.com Hudson Heritage Mixed Use Development Impact Analysis Town of Poughkeepsie, NY THE CHALLENGE | A proposed $165 million major development project in the Town of Poughkeepsie, New York needed to satisfy NYS SEQR requirements. The large mixed-use project will consist of 750 residential units, including a mix of apartments, townhomes, and single-family homes, 350,000 SF of retail space, a hotel, and public recreational amenities. THE SOLUTION | Camoin Associates was engaged by EFG/DRA Heritage to complete an economic and fiscal impact study as part of an Environmental Impact Statement (EIS). THE IMPACT | Camoin Associates analyzed the impact of the project on tax revenues and expenses for numerous overlapping taxing jurisdictions including the Town, County, School District, Fire District, and Library District, as well as new jobs, earnings, and economic output that would result from the project. The EIS, zoning petition, and development master plan for the project were unanimously approved by the Poughkeepsie Town Board in December 2017. CLIENT EFG/DRA Heritage SERVICES Analysis of impact on public safety providers Estimation of number of residents and school-age children Net fiscal impact analysis for various taxing jurisdictions Economic impact analysis 2/1/2022 Page 12 of 14 www.camoinassociates.com Mixed Use Development Economic and Fiscal Impact Town of Guilderland, NY THE CHALLENGE | Rapp Road Development is proposing a series of three major mixed-use developments near Crossgates Mall in the Town of Guilderland. The Developer is seeking a study requested by the Town during the State Environmental Quality Review (SEQR) process to understand the scope of potential fiscal impacts to the Town as a result of the three separate proposed projects. The first of the three projects includes new high end multifamily residential units and associated amenities. The second project is comprised of 160,000 square feet of retail space, including a new Costco, and the third site includes a mix of retail space, office space, and new apartments. THE SOLUTION | Camoin Associates was retained to analyze the economic and fiscal impact that the project at each of the three sites would have on the Town of Guilderland and Albany County economies, net of any economic activity that would occur even if the projects were not completed. THE IMPACT | There will be positive economic and fiscal impacts that result for the County and the Town from these developments. Namely, new property and sales tax revenue will be created along with a substantial number of new jobs and sales. The results of this analysis were used by the developer to complete the SEQR process and promote the positive impacts of this substantial mixed-use development. CLIENT Rapp Road Development SERVICES Economic and Fiscal Impact Analysis Construction Phase Impacts Impacts of New Household Spending Impacts of On-Site Employment 2/1/2022 Page 13 of 14 www.camoinassociates.com Market Analysis and Impact Analysis of the Kingstonian Kingston, NY THE CHALLENGE | Kingstonian Development LLC is proposing a $52 million mixed-use development in the City of Kingston’s Uptown neighborhood that includes 130 residential units, a boutique hotel, commercial space, a pedestrian plaza and a pedestrian walkway. The project will be supported by nearly $7 million in State grants. Uptown Kingston is known for its severe lack of parking, and this public funding will enable the developer to construct a parking garage that includes 250 public parking spaces. As the planning process moves along, some in the community are expressing concerns over this level of public- investment. THE SOLUTION | To support its future application to the IDA for a PILOT, the developer hired Camoin Associates to conduct a market analysis to determine whether the project represents “new” development in the City that would not otherwise occur and whether the project would positively or negatively impact other properties in the City, particularly as it relates to the new parking garage. Furthermore, Camoin Associates modeled the economic benefits of the project that will result from new household spending in the City as well as new commercial activity made possible by the project. THE IMPACT | 106 total direct and indirect jobs will be created as a result of the Kingstonian. These jobs will be associated with over $11 million in new sales and $3.4 million in new earnings. As the project moves forward, this information will be used to demonstrate the public RIO. CLIENT Kingstonian Development, LLC SERVICES Real Estate Market Analysis Economic Impact Analysis Fiscal Impact Analysis 2/1/2022 Page 14 of 14 www.camoinassociates.com RESOLUTION AND RULE REGARDING USE OF FACE COVERINGS WITHIN CITY OWNED BUILDINGS AND IN PLACES OF PUBLIC ACCESS WITHIN THE CITY OF SOUTH BURLINGTON WHEREAS, on November 23, 2021, the Vermont Legislature enacted, and the Governor signed, Act 1 (S.1) relating to temporary municipal rules in response to Covid-19; and WHEREAS, the City Council desires to enact and encourage measures that promote the public health, safety, and welfare of its residents to further the goal of slowing the spread of COVID-19; and WHEREAS, in accordance with the authority granted under Act 1, the City Council desires to adopt a temporary rule requiring the use of face coverings within City owned and operated buildings that are open to the public and in places of public access within the City of South Burlington. NOW THEREFORE BE IT RESOLVED, that the South Burlington City Council hereby adopts a Rule, effective at 6:00 am on Tuesday, February 8, 2022, requiring all individuals in the City of South Burlington to wear a face covering that covers at least their mouth and nose within City owned and operated buildings that are open to the public and while indoors at all locations that are open to the public in the City of South Burlington. NOW THEREFORE BE IT FURTHER RESOLVED, that face coverings are not required for children under two (2) years of age; a person with a disability who cannot wear a face covering or cannot safely wear a face covering for reasons related to their disability; a person for whom wearing a face covering would create a risk to workplace health, safety, or job duty as determined by the workplace risk assessment; or any person while eating or drinking inside any establishment that serves food or beverage. This Rule is in addition to all other ordinances and rules of the City of South Burlington and all applicable laws of the State of Vermont. All ordinances, rules, or parts of ordinances, rules, resolutions, regulations, or other documents inconsistent with the provisions of this Rule are hereby repealed to the extent of such inconsistency. If any section or provision of this Rule is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this Rule. This Rule shall take effect at 6:00 am on Tuesday, February 8, 2022 and shall remain in effect for a period not to exceed 30 days following adoption. The City Council shall meet during the 30-day period in which this Rule is in effect and vote either to rescind this Rule or to extend it for an additional 30 days. Thereafter, the City Council shall meet at a minimum once every 30 days to reconsider this Rule, at which meeting the City Council shall vote either to rescind this Rule or to extend it for an additional 30-day period. The filing of a petition under 24 V.S.A. §§ 1972 and 1973, shall not govern the taking effect of this Rule. Dated at South Burlington, Vermont this ___ day of February, 2022. ______________________ ______________________ Helen Riehle, Chair Meaghan Emery, Vice Chair ______________________ _______________________ Tim Barritt, Clerk Thomas Chittenden _______________________ Matt Cota 180 Market St South Burlington, VT 05403 802-846-4105 February 7, 2022 The following 2022 first, second, and third class liquor licenses, and outside consumption and entertainment permits, were approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments: NAME DESCRIPTION Applebees First Class & Third Class Restaurant/Bar License Charlie’s on Fire (Chicken Charlies) First Class Restaurant/Bar License Chipotle Mexican Grill First Class & Third Class Restaurant/Bar License Dorset Hana, Inc. First Class & Third Class Restaurant/Bar License Eagles Club First Class & Third Class License for Club and Two (2) Outside Consumption Permits Hannaford Supermarket #8357(Dorset St) Second Class License Homewood Suites First, Second & Third Class Restaurant/Bar License and Outside Consumption Permit Interstate Shell Second Class License #104 Jolley Shelburne Road South Second Class License #105 Jolley Williston Road Second Class License #107 Jolley Shelburne Road North Second Class License #146 Jolley Shelburne Road Center Second Class License Kinney Drugs #55 (Williston Road) Second Class License Klinger’s Bread Company Second Class License Maplefields #52 (Williston Road) Second Class License Maplefields at the Airport Second Class License Mimmo’s Pizza First Class & Third Class Restaurant/Bar License Pour House (The) First Class & Third Class Restaurant/Bar License and Outside Consumption Permit Price Chopper #228 (Hinesburg Road) Second Class License Quarry Hill Club First Class & Third Class Restaurant/Bar License and Outside Consumption Permit 180 Market St South Burlington, VT 05403 802-846-4105 February 7, 2022 Page 2 NAME DESCRIPTION Red Barn Market & Deli Second Class License Shelburne Road Variety, LLC Second Class License Windjammer Restaurant First Class & Third Class Restaurant/Bar License and Outside Consumption Permit Zachary’s First Class Restaurant/Bar License Zen Garden First Class & Third Class Restaurant/Bar License SOUTH BURLINGTON LIQUOR CONTROL BOARD Helen Riehle Meagan Emery Tom Chittenden Tim Barritt Matt Cota