HomeMy WebLinkAboutSD-22-07 - Supplemental - 0047 Cheesefactory Road (10)IV. Ecological Protection Zone
The Ecological Protection Zone comprises a significant area of poorly-drained clay soil. The
Ecological Protection Zone consists of nine (9) acres, more or less, in the westerly portion of the
Protected Property and is generally depicted as “EPZ” on the Hickory Hillside, LLC Farm Plan (hereafter
the “EPZ”). The boundaries of the EPZ may be changed from time to time by mutual agreement of
Grantors and Grantees, as established by a written agreement recorded in the South Burlington Land
Records and depicted on a new Farm Plan signed by Grantors and Grantees.
Within the EPZ, the goals, prescriptions, and restrictions of this Section IV are in addition to the
provisions of Sections II and III of this Grant, and where inconsistent, the provisions of this Section IV
shall control.
Within the EPZ the following shall apply:
1. Protection of the wetland, as well as the natural communities that naturally develop in the
future in the EPZ, and the ecological processes that sustain them, shall be Grantors’ and Grantees’ highest
priority in approving and conducting all activities.
2. All management activities, including without limitation forest management, recreational
management and ecological management, shall focus on the goals of a) maintaining soil integrity, natural
hydrology, and water quality values, and b) maintaining the natural structure and species composition of
the natural communities present or communities that may develop naturally over time, informed by the
best current ecological science.
3. All forest management activities shall be conducted pursuant to a forest management plan
that is consistent with the Purposes of this Grant and this Section IV. Any such activities shall employ all
applicable recommended practices described in the regulations entitled “Acceptable Management
Practices for Maintaining Water Quality on Logging Jobs in Vermont” promulgated by the Vermont
Department of Forests, Parks and Recreation, dated August 15, 1987, as may be amended from time to
time (the “AMPs”). Management of the EPZ shall be informed by the best current ecological
understanding of the unique characteristics at this site and the natural communities it supports.
Silvicultural methods shall strive to mimic the natural, low-intensity disturbance regime specific to the
Wet Clayplain Forest as well as natural communities that naturally develop in the future in this physical
setting.
4. Grantees’ approval of a forest management plan submitted pursuant to Section III(4) and
IV(3), above, shall not be unreasonably withheld or conditioned; provided that such plan: (i) is consistent
with the Purposes of this Grant and with the provisions of this Section IV; and (ii) such plan has been
approved by a professional forester.
5. Limited agricultural activities consistent with the Purposes of this Grant and with the
provisions of this Section IV may be permitted in Grantees’ sole discretion.
6. In the context of acting under this Section IV, Grantors and Grantees may confer about what
constitutes the best available ecological science; provided that, Grantees’ interpretation thereof shall
control. DRAFT
Auclair C Riparian Buffer Zone
The Protected Property includes certain lands and premises lying adjacent to Muddy Brook is subject to
special protections as set forth herein to protect the water quality of such waterways and the ecological
health of the natural systems associated with such waterways. The location of and the restrictions
applicable to these areas shall be determined pursuant to Section IV(1) below, unless Grantor executes a
Buffer Management Plan approved by Grantees pursuant to Section IV(2).
1. Default Buffer Restrictions
Those areas on the Protected Property lying within fifty feet (50’) of the top of the banks of the Muddy
Brook, as those waters may move from time to time, and also including any land located between the
said tops of banks and the low water marks of such waterways, shall be designated as Riparian Buffer
Zones (hereinafter “RBZ”). The location of the RBZ as of the date of this Grant is generally depicted on
the _____________ Farm Plan, described in Schedule A attached hereto. Within the RBZ, the goals,
prescriptions and restrictions of this Section IV are in addition to the provisions of Sections II, III and
V, and where inconsistent, the provisions of this Section IV shall supersede the provisions of Sections II,
III and V.
Specifically, the principal goal for management within the RBZ is the establishment and maintenance of
high quality buffers that provide an array of ecological benefits including, but not limited to:
(i)buffering aquatic and wetland plants and animals from disturbance;
(ii)preventing wetland and water-quality degradation;
(iii)providing important plant and animal habitat; and
(iv)providing organic matter, nutrients, and structure to aquatic systems.
Any management or use of the RBZ shall be conducted in a manner designed to protect soil integrity and
minimize erosion, shall incorporate up-to-date ecological knowledge and management practices, and
shall be consistent with the principal goal detailed above. Without limiting the foregoing, any forest
management activities within the RBZ (including without limitation the installation of new roads and
trails) shall require Grantees’ prior approval.
There shall be no agricultural activities (including without limitation the grazing or pasturing of animals)
within the RBZ, except as may be approved in Grantees’ sole discretion.
2. Buffer Management Plan Option
Notwithstanding the foregoing, Grantor may develop and submit to Grantees for their approval, in
Grantees’ sole discretion, a Buffer Management Plan for the Protected Property (together with any
amendments, updates or changes thereto, the “Buffer Plan”). Grantor shall update the Buffer Plan in the
event there is a change in the condition of the RBZ that impacts the ability of the RBZ to accomplish the
goal stated in Section IV(1) above. All updates, amendments or other changes to the Buffer Plan shall be
submitted to Grantees for their approval prior to any change in activity within the RBZ. The Buffer Plan
shall be consistent with the Purposes of this Grant and goals and restrictions set forth in this Section IV.
In the event that there is a conflict between the provisions of an approved Buffer Plan and this Section
IV, the provisions of such Buffer Plan shall control; provided however, that upon the expiration or
termination of the Buffer Plan, the requirements of Section IV(1) shall control. In the event of Grantor’s
non-compliance with the approved Buffer Plan, Grantee may require, in its sole discretion, compliance DRAFT
with the approved Buffer Plan, an amendment to the Buffer Plan, reversion to the requirements of
Section IV(1) and/or any other measure that Grantees deem appropriate under the circumstances. DRAFT
V. Public Access Easement.
Grantor does freely give, grant, sell, convey and confirm unto Grantees, and their respective
successors and assigns, forever, a perpetual and separately assignable easement for an unpaved public
recreational trail (all as more particularly set forth below), said easement being on, over, under and across
the Protected Property, and measuring one (1) rod in width. The location of the easement will be fixed at
the time the trail is to be developed by mutual consent of the parties and will be located in a manner that
minimizes the impact on the agricultural soils, farm operation, and is consistent with Sections IV, above.
The intent of the parties with respect to the location of the public recreational trail is to provide additional
public recreation opportunities in South Burlington, in addition to connecting with a larger trail network
in South Burlington, should one be created in the future.
Such access shall be for non-motorized recreational use only. Grantees may limit or restrict the
public use and access in the public interest. Grantees shall consult with Grantor from time to time about
the public use and access and shall take reasonable steps to correct any erosion problems caused by public
use and to minimize any adverse impact on Grantor’s use and enjoyment of the Protected Property. The
rights conveyed pursuant to this Section V are in addition to, not in lieu of, the covenants and restrictions
otherwise conveyed by this Grant.
In addition, Grantees, and their respective successors and assigns, shall have the right to improve,
construct, manage, and maintain the trail for public recreational use, provided Grantees shall first notify
Grantor of the name of the entity or organization that will be responsible for maintenance and
management for the public's use of the trail. Grantor, for itself and its successors and assigns, expressly
acknowledges that the easement and trail contemplated by this Section V may become a part of the public
trail systems in the City of South Burlington and, toward that end, Grantor, if requested, shall convey to
said City such deeds of easement as may be required in order to effectuate that goal.
Grantor and Grantees shall work in good faith to resolve any issues with respect to the location of
the public recreational trail on the Property. Any trail location issue not resolved voluntarily shall be
submitted to binding arbitration. The arbitrator's authority shall include the right to determine where the
final public recreational trail should be located in order to (1) be consistent with the Purposes and terms of
this Grant, (2) avoid interfering with Grantor’s farming operations, (3) be consistent with Sections IV of
this Grant, and (4) prevent the damage of natural resources on the Property.
The arbitrator shall be selected by the parties or by the American Arbitration Association if the
parties cannot agree on an arbitrator. The costs of arbitration shall be shared equally by the parties, unless
otherwise determined by the arbitrator due to one party being unreasonable or otherwise dilatory. The
decision of the arbitrator shall be binding on the parties. The parties shall select an arbitrator within two
weeks of the submission of an issue to arbitration, and every reasonable effort shall be made to complete
arbitration of any dispute within thirty (30) days of the selection of an arbitrator.DRAFT