HomeMy WebLinkAboutAgenda - City Council - 09/06/2022AGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
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Regular Session 6:30 P.M. Tuesday, September 6, 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. Councilors’ Announcements and Reports on Committee assignments and City Manager’sReport (6:45 – 6:55 PM)
6.Consent Agenda: (6:55 – 7:00 PM)
A.*** Consider and Sign DisbursementsB.*** Ratify the City Manager’s execution of the Third Amendment to the “Closing,Assumption and Priority Agreement” for the Farrell Street Senior Housing LimitedPartnership
C.***Authorize City Manager to execute and submit to the City Clerk for recording areplacement irrevocable offer of dedication related to Garden Street
7.***Receive LDR-22-05 & 22-06 - Proposed amendments to Land Development Regulationsfor the Expansion of Transfer of Development Rights program applicability andlegal/technical corrections and considering setting a public hearing for October 17, 2022 at
7:00 PM – Paul Conner, Director of Planning and Zoning (7:00 – 7:20 PM)
8.***Receive an accounting of current American Recovery Plan Act (ARPA) allocations andexpenditures – Andrew Bolduc, Deputy City Manager (7:20 – 7:30 PM)
9.***Receive recommendations from the Affordable Housing Committee and Housing TrustFund Committee to allocate ARPA funds to incentivize the development of affordablehousing and provide direction to staff on next steps – Chris Trombly, Chair of the AffordableHousing Committee (7:30 – 8:00 PM)
10. ***Review the ARPA survey report and data and provide direction to staff – Andrew Bolduc,
Deputy City Manager (8:00 – 8:45 PM) 11. ***Receive an update on the construction of the Wheeler Dog Park and options for moving
forward and provide direction to staff – Tom DiPietro, Public Works Director (8:45 – 9:15 PM) 12. ***FY24 Budget: Discussion and approval of the FY24 Budget Schedule – Andrew Bolduc, Deputy City Manager (9:15 – 9:25 PM) 13. ***Approve a Voting Delegate for the Vermont League of Cities and Towns Town Fair – Jessie Baker, City Manager (9:25 – 9:30 PM) 14. Other Business (9:30 – 9:40 PM) 15. Consider entering executive session for the purposes of:
• Discussing real estate negotiation and the future use of the Open Space Fund
• Discussing the employment and evaluation of a city employee 16. Adjourn Respectfully Submitted:
Jessie Baker City Manager *** Attachments Included
MEMORANDUM
TO: City Council
FROM: City Attorney’s Office
RE: Farrell Street Senior Housing VCDP Grant Request
DATE: September 6, 2022
On November 21, 2005, the Council authorized the City Manager to execute, on behalf of the
City, a document titled “Closing, Assumption and Priority Agreement” (“Agreement”). This
Agreement was by and between Farrell Street Senior Housing Limited Partnership, the Vermont
Housing and Conservation Board, the Vermont Housing Finance Agency, the United States
Department of Housing and Urban Development, the Chittenden Trust Company, and the City of
South Burlington and related to the development and construction of multi-unit residential
building on Farrell Street by Cathedral Square Corporation and other parties.
With the Agreement, the City loaned $433,030, funds it received by means of a loan from the
Vermont Community Development Program (“VCDP”), to Farrell Street Senior Housing
Limited Partnership (“Partnership”). In exchange for this loan, the City received a mortgage
interest in the Property.
On March 19, 2007, the Council authorized the City Manager to Execute an Amended and
Restated Closing, Assumption and Priority Agreement. This First Amended and Restated
Agreement was entered into by all parties in March, 2007.
A Second Amended and Restated Closing, Assumption and Priority Agreement was entered into
by all parties in April, 2007.
A Third Amended and Restated Closing, Assumption and Priority Agreement allowing for the
addition of M & T Bank (“Bank”) as a party to the Agreement and the inclusion of an $800,000
loan from the Bank to the Partnership in exchange for a mortgage interest. The City’s interest
remains the same.
Based on the Council’s 2005 and 2007 approvals and the fact that the City’s interest does not
change from that originally approved, the City Manager executed the Third Amended and
Restated Closing, Assumption and Priority Agreement so the loan from the Bank to the
Partnership could close as scheduled on September 1, 2022.
The Administration seeks Council’s after-the-fact consent and authorization for the City
Manager to execute the Third Amended and Restate Closing, Assumption and Priority
Agreement.
THIRD AMENDED AND RESTATED
CLOSING,ASSUMPTION AND PRIORITY AGREEMENT
This Third Amended and Restated Closing,Assumption and Priority Agreement is
entered into to be effective as of September_, 2022 by and among Farrell Street Senior
Housing Limited Partnership, a Vermont limited partnership of South Burlington, Vermont
the "Partnership"); the Vermont Housing and Conservation Board, an instrumentality of the
State of Vermont created pursuant to 10 V.S.A. § 311 having its principal office in Montpelier,
Vermont("VHCB"); the Vermont Housing Finance Agency,a body politic and corporate
created pursuant to 10 V.S.A. § 611 having its principal office in Burlington, Vermont
VHFA"); the United States Department of Housing and Urban Development with its
principal office at 451 7th Street SW in the District of Columbia ("HUD"); M & T Bank,
successor by merger to People's United Bank,National Association (the "Bank"); Cathedral
Square Corporation, a Vermont nonprofit corporation of South Burlington, Vermont("CSC");
and the City of South Burlington, a Vermont municipality in Chittenden County, Vermont(the
City").
All recording references are to the City of South Burlington land records.
On December 15, 2005, all of the parties hereto entered into a Closing,Assumption and
Priority Agreement recorded in Book 739 at Page 470, as amended by a First Amended and
Restated Closing,Assumption and Priority Agreement dated March 28, 2007 and recorded on
March 28, 2007 in Book 778 at Page 366 and by Second Amended and Restated Closing,
Assumption and Priority agreement effective March 28, 2007 and recorded on April 11, 2007 in
Book 779 at Page 542 (the "Amended Agreement").
In consideration of the premises and the agreements hereinafter set forth,the parties
agree to amend and restate the Amended Agreement in its entirety as follows:
PREMISES
1. CSC acquired title to a parcel of real estate consisting of Unit#1 of the Farrell Senior
Planned Community located at 412 Farrell Street in South Burlington, Vermont by
warranty deed from EF Farrell, LLC and DB Morrissey, LLC dated December 15, 2005
and recorded in Book 739 at Page 447 (the "Property"). The Farrell Senior Planned
Community was created by a Common Interest Community Declaration dated January
20, 2006 and recorded in Book 739 at Page 453, as amended by a First Amendment to
Farrell Senior Planned Community Common Interest Community Declaration dated
April 14, 2006 and recorded in Book 746 at Page 237 (as amended, the"Declaration.")
2. On December 15, 2005 VHCB made a $540,500 loan to CSC (the "VHCB Loan"),the
repayment of which is secured by a mortgage ofthe Property recorded in Book 739 at
Page 498 (the"VHCB Mortgage").
3. On December 15, 2005 VHCB made a second loan to CSC in the amount of$359,500
the "HOME Loan"), the repayment of which is secured by a mortgage of the Property
recorded in Book 739 at Page 506 (the "HOME Mortgage").
4. On October 31, 2006, VHCB made a third loan to CSC in the amount of$240,000(the
HUD EDI Loan"), the repayment of which is secured by a mortgage of the Property
recorded in Book 765 at Page 58 and re-recorded in Book 779 at Page 534(the "HUD
EDI Mortgage").
5. CSC granted to VHCB a Housing Subsidy Covenant dated December 15, 2005 and
recorded in Book 739 at Page 489, as amended by an Amendment to VHCB Housing
Subsidy Covenant between the Partnership and VHCB dated October 31, 2006 and
recorded in Book 765 at Page 56 and re-recorded in Book 779 at Page 531,which
encumbers the Property(the covenant as amended is hereinafter referred to as the
VHCB Covenant"). The VHCB Covenant imposes certain restrictions on the incomes
of the tenants who may occupy a number ofthe dwelling units in the Property, and limits
the rent that may be charged to such tenants. The purpose of the VHCB Covenant is to
preserve the dwelling units in the Property so restricted as perpetually affordable to the
tenants of such units, as required by Chapter 15 of Title 10 of the Vermont Statutes
Annotated. The consideration for the VHCB Covenant was the VHCB Loan, the HOME
Loan, and the HUD EDI Loan.
6. The VHCB Loan, the HOME Loan, and the HUD EDI Loan are sometimes hereinafter
referred to collectively as the VHCB Loans.
7. The notes evidencing the VHCB Loans, and the VHCB Mortgage, the HOME Mortgage,
and the HUD EDI Mortgage are sometimes hereinafter referred to collectively as the
VHCB Loan Documents."
8. CSC conveyed its title to the Property to the Partnership by warranty deed dated
December 15, 2005 and recorded in Book 739 at Page 514.
9. The Partnership constructed an affordable housing development on the Property
consisting of one building to contain 63 apartments and two offices (the "Development").
10. On December 15, 2005, the Partnership entered into a Regulatory Agreement with VHFA
that encumbers the Development(the "VHFA Regulatory Agreement) that has been
recorded in Book 739 at Page 531. The VHFA Regulatory Agreement was Partially
Released by instrument recorded in Book 794 at Page 432. The remaining portion of the
VHFA Regulatory Agreement in effect is Paragraph 22.
11. On December 15, 2005 the City loaned$433,030 to the Partnership (the "VCDP Loan"),
the repayment of which is secured by a mortgage of and security interest in the
Development that has been recorded in Book 739 at Page 551 (together, the "VCDP
Mortgage"). The VCDP Loan and the VCDP Mortgage are sometimes hereinafter
together referred to as the "VCDP Loan Documents."
12. On December 15, 2005 CSC loaned$31,500 (the "REEP Loan")to the Partnership, the
repayment of which is secured by a mortgage of the Development that has been recorded
in Book 739 at Page 565 (the "REEP Mortgage").
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13. On December 15, 2005 the Bank made a grant of$53,131.51 to CSC (the "AHP Grant").
CSC contributed the AHP Grant to the Partnership's capital. The performance of the
terms and conditions of the AHP Grant is secured by a mortgage of the Development
from the Partnership to CSC that has been recorded in Book 739 at Page 557 (the "AHP
Grant Mortgage") . CSC has assigned the AHP Grant Mortgage to the Bank by
instrument recorded in Book 739 at Page 562.
14. On December 14, 2005, HUD entered into a Firm Commitment with the Partnership to
make a $3,527,800 capital advance in connection with the Development pursuant to
HUD's Section 202 Mixed Finance program (the "Firm Commitment"). On April 14,
2006, HUD made a$3,527,800 capital advance(the "HUD Capital Advance"), evidenced
by a Capital Advance Program Mortgage Note from the Partnership to HUD (the"HUD
Note"), secured by a mortgage from the Partnership to HUD recorded in Book 746 at
Page 252, discharge of which is recorded in Book 778 at Page 352. On April 14, 2006,
the Partnership entered into a Capital Advance Agreement(the"Capital Advance
Agreement"), a Use Agreement recorded in Book 746 at Page 241 (the "HUD Use
Agreement") and a Regulatory Agreement recorded in Book 746 at Page 245 ("the HUD
Regulatory Agreement")with HUD. HUD has also agreed to provide project rental
assistance pursuant to an Agreement To Enter Into Project Rental Assistance Contract
dated April 14, 2006,between HUD and the Partnership(the "APRAC") and a Project
Rental Assistance Contract(the "PRAC")to be executed by HUD and the Partnership in
accordance with the provisions of the APRAC. The Firm Commitment,the APRAC and
the PRAC are hereinafter referred to collectively as the "HUD Capital Advance
Documents."
15. On March 27, 2007, HUD, CSC and the Partnership entered into an"Amendment to 202
Loan Documents"recorded in Book 778 at Page 349 records pursuant to which the
Partnership is released of its obligations under the HUD Note and the Firm Commitment
and CSC assumes the obligations of the Partnership under the HUD Note and the Firm
Commitment, and CSC is added to the Use Agreement and the Regulatory Agreement as
an additional obligee (the "Master Amendment"). On March 27, 2007, CSC loaned
3,527,800 to the Partnership (the"202 Loan"), and the Partnership executed and
delivered to CSC a promissory note in the principal amount of$3,527,800(the"202
Note"), secured by a mortgage of the Development recorded in Book 778 at Page 353
the"202 Mortgage"). On March 27, 2007, CSC assigned its rights under the Partnership
202 Note and the 202 Mortgage to HUD, pursuant to an"Assignment of 202 Loan
Documents"recorded in Book 778 at Page 361.
16. The VHCB Loans, the VHFA Construction Loan, the VCDP Loan, the REEP Loan, the
Bank Loan and the 202 Loan are sometimes hereinafter referred to collectively as the
Loans."
17. The VHCB Mortgage, the HOME Mortgage, the VCDP Mortgage, the VHFA
Construction Loan Mortgage, the Bank Mortgage, the REEP Mortgage, the AHP Grant
Mortgage and the 202 Mortgage are sometimes hereinafter referred to collectively as the
Mortgages."
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18. On December 15, 2005 the Partnership granted to VHFA a Vermont Housing Finance
Agency Housing Credit(HC) Housing Subsidy Covenant that has been recorded in Book
739 at Page 545 (the "Extended Use Commitment").
19. The VHCB Covenant and the Extended Use Commitment are sometimes hereinafter
collectively referred to as the "Covenants."
20. On December 15,2005 the Partnership granted to CSC and VHCB successive rights of
refusal to purchase the Property(the "Rights of Refusal")by instrument that has been
recorded in Book 739 at Page 569.
21. On September , 2022, the Bank loaned$800,000.00 to the Partnership (the "Bank New
Loan"),the repayment of which is secured by a mortgage of and security interest in the
Development to be recorded simultaneously herewith in the South Burlington land
records, together with an Assignments of Rents as additional security(together,the
Bank New Mortgage"). The Bank New Loan and the Bank New Mortgage are
sometimes hereinafter together referred to as the "Bank New Loan Documents."
22. The HUD Capital Advance Documents, the Loans, the Mortgages, and the Covenants are
intended by the parties to be non-recourse liabilities as defined in Treasury Regulation
Section 1.752-1(a)(2). The Partnership shall be liable to repay the Loans and to perform
and satisfy the terms of all of the Mortgages, the Covenants and the HUD Capital
Advance Documents. However, no partner, general or limited, of the Partnership is to
have any personal liability to pay the principal of or the interest on any of the Loans, or
to perform and satisfy the terms of any ofthe Mortgages,the Covenants or the HUD
Capital Advance Documents.
23. VHCB made the VHCB Loans to CSC and not to the Partnership because CSC is an
eligible applicant as defined in 10 V.S.A. § 303(4), and the Partnership is not an eligible
applicant as so defined. The proceeds of the VHCB Loan and the HOME Loan were,
however, loaned for an eligible activity as defined in 10 V.S.A. § 303(3), and the
Partnership is a necessary entity to carry out the eligible activity.
COVENANTS AND AGREEMENTS
24. VHCB, VHFA, HUD, the City and the Bank acknowledge and agree that the Project
Loan Documents, the Covenants and the HUD Capital Advance Documents evidence
non-recourse liabilities as defined in Treasury Regulation § 1.752-1(a)(2). The
Partnership is liable to repay the Loans and to perform and to satisfy the obligations of
the Mortgages, the Covenants and the HUD Capital Advance Documents. However,
none of the Partnership's partners, general or limited,has any personal liability to pay the
principal of or the interest on any of the Loans or to perform any of the conditions of the
Mortgages, the Covenants or the Capital Advance Documents, and in the event of a
default under any one of them the holder's sole remedy is to look to the assets ofthe
Partnership for the satisfaction thereof.
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25. Subject to the provisions of Paragraph 22,the Partnership agrees to perform and
satisfy all of CSC's obligations under each of the VHCB Loan Documents and the
Covenant directly for the benefit of VHCB.
26. The Partnership and CSC agree that CSC acquired its title to the Property as the agent
and nominee of the Partnership solely for the purposes of consummating the VHCB
Loans and encumbering the Property with the VHCB Mortgage, the HOME Mortgage
and the VHCB Covenant. The Partnership and CSC further agree that immediately after
the Property was so encumbered, CSC conveyed its title to the Property, so encumbered,
to the Partnership, and that CSC did not deal with the Property in any manner such that it
placed in service any dwelling units on the Property. VHCB consents to the conveyance.
27. CSC is released from any and all liability to repay the VHCB Loans to VHCB. However,
in order to preserve the original evidences of indebtedness, the VHCB Loans shall remain
in effect(as obligations of the Partnership)until they have been repaid by or on behalf of
the Partnership.
28. The Partnership, VHCB, HUD, VHFA, the City, the Bank and CSC agree that
notwithstanding the order in which any mortgages, recorded or otherwise, and other
instruments may have been or will be executed or recorded, the Partnership's title to the
Property is subject to the interests in the Property of the several parties hereto in the
following order of priority;
FIRST: the Declaration;
SECOND: Paragraph 22 of the VHFA Regulatory Agreement;
THIRD: the last sentence of paragraph 5 of the Extended Use Commitment
which reads: "should the Extended Use Period terminate in this
fashion prior to its full term, for a three year period after such
termination,no low income tenant may be evicted, for other than
good cause, nor may the gross rents for low income units be
increased beyond that permitted under Section 42";
FOURTH: the HUD Regulatory Agreement and the HUD Use Agreement, as
amended by the Master Amendment;
FIFTH: the Bank Mortgage;
SIXTH: the 202 Mortgage and the HUD Capital Advance Documents;
SEVENTH: the Extended Use Commitment, except the last sentence of
paragraph 5 thereof which has first priority among the several
interests identified herein and the VHCB Covenant;
EIGHTH the VHCB Mortgage;
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NINTH: the VCDP Mortgage;
TENTH: the HOME Mortgage;
ELEVENTH: the HUD EDI Mortgage;
TWELFTH: the AHP Grant Mortgage;
THIRTEENTH:REEP Mortgage; and
FOURTEENTH: the Rights of Refusal.
EXECUTED on September , 2022.
Farrell Street Senior Housing Limited Partnership,
by Cathedral Square Corporation
its general partner
by:
Cynthia Reid, authorized agent
M & T Bank,National Association Cathedral Square Corporation
by :by:
Marilyn Hardacre, authorized agent Cynthia Reid, authorized agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS
At Burlington in said county and state Cynthia Reid appeared on September , 2022
and acknowledged that her execution of the foregoing Third Amended and Restated Closing,
Assumption and Priority Agreement was her free act and deed and the free act and deed of
Cathedral Square Corporation and Farrell Street Senior Housing Limited Partnership,
before me:
Notary Public
Printed Name:
Credential No.:
My commission expires
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STATE OF VERMONT
CHITTENDEN COUNTY, SS
At Burlington in said county and state Marilyn Hardacre appeared on September
2022 and acknowledged that her execution of the foregoing Third Amended and Restated
Closing,Assumption and Priority Agreement was her free act and deed and the free act and deed
of M&T Bank,National Association,
before me:
Notary Public
Printed Name:
Credential No.:
My commission expires
VHFA EXECUTION PAGE FOLLOWS
7-
Executed 2022.
Vermont Housing Finance Agency
by:
authorized agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS
At Burlington in said county and state appeared on
2022 and acknowledged that his/her execution of the foregoing Third
Amended and Restated Closing, Assumption and Priority Agreement was his/her free act and
deed and the free act and deed of Vermont Housing Finance Agency,
before me:
Notary Public
Printed Name:
Credential No.:
My commission expires
HUD EXECUTION PAGE FOLLOWS
8-
Executed 2022.
United States Department of
Housing and Urban Development
By:
authorized agent
STATE OF NEW HAMPSHIRE
HILLSBOROUGH COUNTY, ss.
At Manchester in said County and State authorized agent of
the United States Department of Housing and Urban Development personally appeared on
2022 and acknowledged that her/his execution of the foregoing Third
Amended and Restated Closing,Assumption and Priority Agreement was her/his free act and
deed and the free act and deed of the United States Department of Housing and Urban
Development,
before me,
Notary Public
Printed Name:
Credential No.:
My commission expires
VERMONT HOUSING AND CONSERVATION
BOARD EXECUTION PAGE FOLLOWS
9-
Executed 2022.
Vermont Housing and Conservation Board
by:
Lawrence Mires, authorized agent
STATE OF VERMONT
WASHINGTON COUNTY, ss:
At Montpelier in said County and State Lawrence Mires, authorized agent for the
Vermont Housing and Conservation Board personally appeared on 2022 and
acknowledged that his execution of the foregoing Third Amended and Restated Closing,
Assumption and Priority Agreement was his free act and deed and the free act and deed of
Vermont Housing and Conservation Board,
before me,
notary public
Printed Name:
Credential No.:
My commission expires
CITY OF SOUTH BURLINGTON
EXECUTION PAGE FOLLOWS
10-
Executed& ' ,3 / , 2022.
City of South Burlington
cby:
authorized agent
STATE OF VERMONT
CHITTENDEN COUNTY, ss:
At South Burlington in said County and State 4ij/.( AczI K , City Manager of
and authorized agent for the City of South Burlingt personally appeared on tc0 3
2022 and acknowledged that his execution of the foregoing Third Amende and Restated
Closing, Assumption and Priority Agreement was his free act and deed and the free act and deed
of the City of South Burlington,
before me,
nqqry
A•1TD— Printed Name: (Ifldi.,
l
A-(a ,
Credential No.: /5 7 . DDdaO Phi
o_,
My commission expires /•,,/,,7/Z'
47 co
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11-
575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington City Council Jessie Baker, City Manager FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Irrevocable Offer of Dedication for Garden Street FOR: September 6, 2022, meeting
A previous owner of lands located southerly of Market Street and between Dorset
Street and Hinesburg Road granted an Offer of Irrevocable Dedication dated
November 17, 1981, to the City for the future public road now known as Garden
Street.
In 2019, as part of a subdivision of lands southerly of Market Street, the
Development Review Board approved a plat that increased the Garden Street right-
of-way width and altered the location and configuration of Garden Street.
For these reasons, the applicant has provided a “replacement” Corrected Irrevocable
Offer of Dedication, copy attached, for the wider, realigned Garden Street depicted
on the approved plat, copy attached. Upon recording the “replacement” Corrected
Irrevocable Offer of Dedication, the Offer of Irrevocable Dedication dated November
17, 1981, will terminate and be of no further force and effect.
City Council is not accepting the section of Garden Street between Market Street
and the westerly-most boundary line of the subject property as a City street at this
time. However, by recording the Corrected Irrevocable Offer of Dedication, the City
rejects the 1981 offer of dedication, which is within City Council’s authority.
Staff recommends that City Council authorize the City Manager to execute and
record the Corrected Irrevocable Offer of Dedication.
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: LDR-22-05 & 22-06; Proposed amendments to Land Development Regulations:
Expansion of Transfer of Development Rights program applicability and legal/technical
corrections
DATE: September 6, 2022 City Council Meeting
The Planning Commission is pleased to deliver to the City Council a series of proposed amendments to the
Land Development Regulations (LDRs). The amendments, and accompanying Report, were approved 6-0 by
the Planning Commission on August 8th, following a public hearing and a review of community feedback.
This round of amendments includes two components: an expansion to the City’s Transfer of Development
Rights (TDR) program, and a series of minor and technical changes. The amendments, categorized in this way,
are summarized and assessed with respect to the City’s Comprehensive Plan in the formal Planning
Commission Report on the Proposed Amendments, prepared in accordance with State law. A brief
description of each amendment, taken from the Commission Report is included below.
Recommended Action:
Staff recommends the Council acknowledge receipt of the amendments and warn a public hearing for
October 17, 2022, at 7:30 pm on the amendments listed below.
Proposed motion: “I move to warn a public hearing on amendments to the Land Development Regulations
number LDR-22-05 and LDR-22-06 for Monday, October 17, 2022 at 7:30 pm.”
Proposed Amendments:
A. LDR-22-05: Update the regulation of Transferable Development Rights (TDRs), including, but not limited
to, expanding the receiving areas for TDRs, assigning value for TDRs, updating process for sending and
receiving TDRs, and clarifying existing applicability in receiving areas
Brief explanation of the proposed amendment:
This amendment updates the existing Transferable Development Rights program. It expands the areas
where TDRs can be received to areas outside the SEQ districts to the City’s medium and higher-density
residential and mixed use zoning districts along transit-served areas, establishes how TDRs can be used
and maximum use of TDRs in all areas where they can be received, and outlines the process for severing
TDRs from a property and receiving them on a property.
Specifically, the draft regulations create two new tier for use of TDRs.
• Within the City’s higher-density mixed use zoning districts – C1-R12, C1-R15, C1-Auto, C2 – TDRs
may used to increase residential density without numerical limitation. The “cap” on maximum
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density is removed and instead the limitations on a site rely on the physical and dimensional
limitations of the site and/or zone, such as building height, setbacks, lot coverage, and civic space
requirements. Maximum density is effectively eliminated through the purchase of TDRs, as is the
case in the City Center Form Based Code.
• With the City’s transitional mixed use districts – Allen Road, Swift Street, C1-Limited Retail, R7, and
R7- Neighborhood Commercial, all within the transit overlay district only – TDRs may be used to
increase density a maximum of 50% above the base number for the zoning district.
In both cases above, the expanded TDR program is integrated with the existing inclusionary zoning
options for properties. After meeting their minimum required inclusionary units for a given site, an
applicant may use either existing bonus inclusionary option (up to the cap of 50% increase total, in all
districts) or TDRs to achieve the additional density. Below is a map of the updated TDR applicability. No
changes in applicability are proposed in the southeast quadrant.
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B. LDR-22-06: Minor and Technical Amendments to Bicycle Parking, Performance Bonds, Submission
Requirements, and Section numbering (Sections 13.03, 13.05, 14.11, 15.A.20, 17.04, 17.15, Appendix E)
Brief explanation of the proposed amendment:
Table in 13.03 of the LDRs related to bicycle parking: In Section 13.03 of the LDRs, the table governing the
number of bicycle parking spaces lists “uses” that are not identical to the uses listed in the Table of Uses
in Appendix C. The amendment is to clearly indicate which uses require 1 bicycle space per 20,000 SF and
which require 1 bicycle space per 5,000 SF.
Move Section 15.A.20 (Performance Bonds) to Article 17: This amendment moves performance bonds
from Subdivision to Administration to be clear it can apply in circumstances beyond subdivisions, as is the
case in several instances.
Re-letter Section 13.05 to correct double “A” subsections: In Section 13.05, there are two subsections
labeled “A”. In a prior version of the LDRs, when stormwater management standards were contained in
Article 12, the “Applicability” section was contained in “B. Scope and Applicability” and the language
under that section included internal references that persist in the new 13.05.
Delete 17.04C Subdivision Approvals header: Section 17.04 contains a subsection A labeled “Subdivision
Approvals. [reserved]” that is no longer needed and is a vestige of former state enabling statutes. It is
currently a duplicate “A” that should be labeled “C” as in the previous version of the LDRs.
Modify Appendix E to specify submission requirements for Final Plat for Minor Subdivisions, and for solar-
ready roofs.
LDR-22-05 TRANFERABLE DEVELOPMENT RIGHTS
2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard Purposes
.
.
.
Density increase. For the purposes of the Transfer of Development Rights, tThe allowable increase in the
amount density of residential development onf a receiving parcel for TDRs, expressed as a higher maximum
average number of dwelling units per acre of a receiving parcel than would be allowable on theat receiving
parcel if it were part of a PUD that did not use TDRs; allowing a higher average number of dwelling units for
each acre of a receiving parcel also increases building bulk and lot coverage.
.
.
.
TDR. Transfer of Development Rights or Transferrable Development Rights.
.
.
.
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, Aas defined in 1024 V.S.A. section 6301a4423, as amended from time to time.
LDR-22-05 TRANFERABLE DEVELOPMENT RIGHTS
4 RESIDENTIAL DISTRICTS
. . .
4.04 Residential 7 District
4.05 Residential 12 District
4.06 Residential 7 with Neighborhood Commercial District
. . .
4.04 Residential 7 District - R7
. . .
C. 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 or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development
Rights under Article 19.
. . .
4.05 Residential 12 - R12
. . .
C. 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 or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development
Rights under Article 19.
4.06 Residential 7 With Neighborhood Commercial District - R7-NC
. . .
C. 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 or as modified by use of Inclusionary Zoning under Article 18 or Transferable Development
Rights under Article 19. 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.
5 COMMERCIAL DISTRICTS
5.01 Commercial 1 (C1)
. . .
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)
. . .
5.01 Commercial 1 - C1
. . .
C. 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 or as modified by use of Inclusionary Zoning under Article 18 or
Transferrable Development Rights under Article 19.
. . .
5.04 Commercial 1 with Limited Retail (C1-LR)
. . .
C. 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 or as modified by use of Inclusionary Zoning under
Article 18 or Transferrable Development Rights under Article 19.
5.05 Commercial 2 District C2
. . .
C. 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 or as modified by use of Inclusionary Zoning under Article 18 or
Transferrable Development Rights under Article 19.
5.06 SWIFT STREET DISTRICT SW
. . .
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 or as modified by use of Inclusionary
Zoning under Article 18 or Transferrable Development Rights under Article 19.
5.07 ALLEN ROAD DISTRICT AR
. . .
C. Area, Density, and Dimensional Requirements. In the AR 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 or as modified by use of Inclusionary Zoning under Article 18 or Transferrable
Development Rights under Article 19.
LDR-22-05 TRANSFERABLE DEVELOPMENT RIGHTS
9 SOUTHEAST QUADRANT – SEQ
. . .
9.05 [reserved] Transfer of Development Rights; Sending & Receiving Areas
. . .
9.05 [reserved] 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 to approximately 3,800 dwelling
units less any areas identified as Hazards under these Regulations.
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.
B. 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
C. Assigned Density: For the purposes of the Transfer of Development Rights, all land in the SEQ District
is provided an Assigned Density of 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.
D. Allowable Density for Development that does not Include a Transfer of Development Rights: If an
application does not use Transferrable Development Rights, the number of dwelling units that may be
developed on the parcel shall not exceed a 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
South Burlington Land Development Regulations
(b) For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units per
structure.
E. 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, if a zoning permit
or subdivision application in the Southeast Quadrant Zoning District uses Transferrable Development
Rights, the number of dwelling units that may be located on a contiguous development parcel subject to
a single application or subdivision shall be increased to a maximum gross density as follows:
(a) In the SEQ-NRT, SEQ-NRN, and SEQ-NR sub-districts: One-point-eight (1.8) dwelling units to
the acre and four (4) dwelling units per structure.
(b) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6) dwelling
units per structure.
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.
(3) 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 10.05 of these
Regulations.
F. Development Rights Necessary to Obtain Density Increase
(1) To obtain the increased residential density allowable in a receiving area, 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 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
South Burlington Land Development Regulations
G. Allowances for Affordable Housing.
(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.
(2)(1) Inclusionary dwelling units and Residential Offset Units approved pursuant to this Section and Section
18.01, shall not constitute units for the purposes of calculation of Transferable Development Rights.
LDR-22-05: Transferable Development Rights
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 Review
14.04 Authority for Review of Site Plans
14.05 Application Review Procedure
14.06 General Review Standards
14.07 Specific Review Standards
14.08 [reserved]
14.09 [reserved]
14.10 Conditional Use Review: General Provisions and Standards
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
14.04 Authority for Review 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:
. . .
(3) Modify a dimensional requirement under this Article or the Table of Dimensional Standards (Appendix C).
. . .
(b) Limitations. In granting a modification, In no case shall the DRB permit:
(i) the location of a new structure less than five (5) feet from any property boundary;
(ii) land development creating a total site coverage exceeding the allowable limit for the
applicable zoning district in the case of new development;
(iii) increasing the coverage on sites where the pre-existing condition exceeds the applicable
limit;
(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 19); or,
(v) the location of parking not in compliance with Section 14.06 (A)(2).
LDR-22-05: Transferable Development Rights
South Burlington Land Development Regulations
15.A SUBDIVISION REVIEW
. . .
15.A.11 General Standards
. . .
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
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.
(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
19, 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
Grade), Article 16 (Construction and Erosion Control) and other applicable resource protection,
flood hazard area and stormwater management standards under these Regulations.
LDR-22-05: Transferable Development Rights
South Burlington Land Development Regulations
15.C PLANNED UNIT DEVELOPMENT
. . .
15.C.04 Standards Applicable to All PUD Types
15.C.05 Conservation Development
15.C.06 Traditional Neighborhood Development
15.C.07 General PUD
. . .
15.C.04 PUD Standards Applicable to All PUD Types
. . .
C. Compliance with Regulations. The provisions and standards specific to a PUD 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. Notwithstanding this supersession of the underlying zoning district, subdivision, and site plan
standards, any application that includes a density increase that exceeds the Assigned Density of a parcel
shall require a TDR under Article 19.
D. Development Density.
. . .
(7) 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.
(a) 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 designated sending
areas under Article 19 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).
LDR-22-05: Transferable Development Rights
15.C.05 CONSERVATION DEVELOPMENT
15.C.05 Conservation Development
. . .
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:
(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.
. . .
(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 Article
19Section 9.05 (Transfer of Development Rights).
. . .
F._____Residential Density and Unit (Yield) Calculations. Notwithstanding PUD residential density
provisions under Section 15.C.04, for a Conservation PUD:
. . .
(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;
LDR-22-05: Transferable Development Rights
15.C.05 CONSERVATION DEVELOPMENT
(b) Bonus housing units awarded for the provision of additional affordable housing pursuant
to Section 18.01; and
(c) Housing units associated with the receipt transfer and purchase of transferrable
development rights pursuant to Article 19(Section 9.05).
. . .
LDR-22-05: Transferable Development Rights
15.C.07 General PUD
. . .
H. Development Density.
(1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to
General PUDs.
(2) Development density within a General PUD is determined by maximum development density
in the underlying zoning district, except as follows.
(a) Density can be re-allocated within the PUD area within single zoning districts;
(b) Additional density may be achieved through either or both Inclusionary Zoning and
application of Transferrable Development Rights where specifically authorized by and as
regulated by Section 18.01 or Article 19Section 9.05.
LDR-22-05: Transferable Development Rights
ARTICLE 18 HOUSING STANDARDS
South Burlington Land Development Regulations
18. HOUSING STANDARDS
18.01 Inclusionary Zoning
18.02 [Reserved]
18.03 Housing Preservation
18.01 Inclusionary Zoning
. . .
J. Maximum Density Achievable with Inclusionary Zoning and Transferable Development Rights
(1) Maximum density in Table 19-1 can be achieved through receipt of TDRs, use of Inclusionary Zoning
offsets or bonuses, or a combination of TDRs and Inclusionary Zoning.
(2) Total density through use of TDRs and Inclusionary Zoning cannot exceed the limits in Table 19-1.
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
LDR-22-05 – TRANSFERABLE DEVELOPMENT RIGHTS
19. TRANSFERABLE DEVELOPMENT RIGHTS
19.01 Authority & Purpose
19.02 Severance of Transferable Development Rights
19.03 Receipt of Transferable Development Rights
19.04 Determination of Transferable Development Rights
19.01 Authority & Purpose
A. Authority. The City of South Burlington has the authority under 24 V.S.A. § 4423 to establish bylaws
governing the Transfer of Development Rights (“TDRs”). TDRs are hereby authorized in order to
encourage the conservation of open space, natural resources, scenic views and agricultural lands,
and to direct development to priority areas within the City as indicated in Table 19-1.
B. Purpose. The purpose of this section is to regulate the use of TDRs to encourage preservation of
open space. Specifically, it is the intention of this section to regulate the transfer of development
rights from areas where land conservation is a priority to priority areas for development within
the City.
19.02 Severance of Transferable Development Rights
A. Sending Areas and Sending Properties.
1. Sending Areas. Lands within the following areas are designated as Sending Areas:
a. Lands within the following districts: SEQ-NRP and SEQ-NRT
B. Assigned Density and Severing Rights: For the purposes of Transferable Development Rights,
lands are provided an Assigned Density.
1. The Assigned Density is determined by zoning district:
a. In the SEQ District, except as provided in 19.02B(1)(b), all land is provided an Assigned
Density of one point two (1.2) dwelling units and/or lots per gross acre, less any areas
defined as Hazards under these Regulations.
b. In the SEQ-VC Subdistrict, lots 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 per gross acre.
2. TDRs must be severed as whole numbers. Less than one TDR cannot be severed, therefore a
minimum of development rights from 0.83 acres can be severed from a sending property.
3. Severance of development rights from each 0.83 acres will equal one TDR for receipt on a
receiving property.
4. Any property within a sending area that has not fully utilized its development rights is eligible
to be a sending property.
C. Process for Severing Development Rights
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
1. Severance of development rights occurs when the owner of the sending property executes a
deed of severance of development rights.
2. Deeds of severance of TDR must include the written determination by the Administrative
Officer indicating the number of development rights being severed and the number of
development rights remaining on the property.
3. The deed of severance of TDR must be recorded in the City of South Burlington Land Records.
4. The deed of severance of TDR shall be in a form that is approved by the City Attorney and
must recite that it is a conveyance under 24 V.S.A. § 4423 and recites the number of acres
affected, as required by 24 V.S.A. § 4423(b)(3).
5. Severance of development rights must include a perpetual conservation easement granted to
the City of South Burlington under 10 V.S.A. Chapter 155.
a. The conservation easement must be recorded in the City of South Burlington Land
Records.
b. The conservation easement shall limit the possible uses of the affected area of the
sending parcel to agriculture, forestry, natural area and/or outdoor non-motorized
recreation.
19.03 Receipt of Transferable Development Rights
A. Receiving Areas and Receiving Properties.
1. Receiving Areas. Lands within the following areas are designated as Receiving Areas:
a. All districts listed in Table 19-1.
B. Receiving Development Rights
1. All properties within a receiving area are eligible to receive TDRs, up to the maximum density
increases in Table 19-1.
2. TDRs must be received as whole numbers.
3. Density increases on a receiving property may include an increase in lot coverage, building
coverage, or allowed residential density (by number of residential units allowed), allowed by
zoning district in Table 19-2.
4. TDRs can be used for any combination of density increases as allowed by the zoning district
in Table 19-2 on a single property.
C. Process for Receiving Development Rights
1. Receipt of transferable development rights occurs when the owner of a receiving property
executes a deed of receipt, which shall include or reference a deed from the owner of TDR
conveying said TDR to the owner of the receiving property, attaching the development right(s)
to the receiving property.
2. The DRB shall have discretion to determine when an applicant must receive development
rights on a property to enable approval or construction of additional units.
3. A deed of receipt must be recorded in the City of South Burlington Land Records, including
the number of TDRs applied to the property.
4. The deed of transfer shall be in a form that is approved by the City Attorney and must recite
that it is a conveyance under 24 V.S.A. § 4423.
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
5. Nothing in this Article precludes combination of a deed of severance of TDR and a deed of
receipt.
6. Any transfer of development rights to a receiving property pursuant to this Article only
authorizes a density increase. It does not alter any other regulations applicable to the
receiving property.
D. Maximum Density Achievable through Transferable Development Rights and Inclusionary
Zoning
1. Maximum density in Table 19-1 can be achieved through receipt of TDRs, use of Inclusionary
Zoning offsets or bonuses, or a combination of TDRs and Inclusionary Zoning.
2. Total density through use of TDRs and Inclusionary Zoning cannot exceed the limits in Table
19-1.
Table 19-1 Maximum Density Increases with TDRs
Zoning District(s) Max. Allowable Density
through TDRs and/or
Inclusionary Zoning
Max. Allowable Building and Lot
Coverage
C1-R15, C1-Auto, C1-R12, C2 No maximum 10 percentage points above existing
maximum
C1-LR, AR, SW 50% more than base
density
10 percentage points above existing
maximum
R12, R7-NC, R7 within the
Transit Overlay District only
50% more than base
density
10 percentage points above existing
maximum
SEQ-NRT, SEQ-NRN, and SEQ-
NR
For development that is not
a Planned Unit
Development, 1.8 dwelling
units per gross acre, and 4
dwelling units per structure
For development that is a
Planned Unit Development,
as authorized within Article
15.C
-
SEQ-VR and SEQ-VC For development that is not
a Planned Unit
Development, 8 dwelling
units per gross acre, and 6
dwelling units per structure
For development that is a
Planned Unit Development,
as authorized within Article
15.C
-
Table 19-2 Density Increases per TDR Received
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
Zoning District(s) Increase in Residential
Density per TDR
Increase in Lot and Building Coverage
per TDR
C1-R15, C1-Auto, C1-R12, C2 1 dwelling unit 10,000 SF
C1-LR, AR 1 dwelling unit 10,000 SF
R12 with Transit Overlay District 1 dwelling unit 10,000 SF
SW 1 dwelling unit 5,000 SF
R7-NC, R7 within Transit
Overlay District
1 dwelling unit 5,000 SF
SEQ-NR, SEQ-NRT, SEQ-NRN,
SEQ-VR, SEQ-VC
1 dwelling unit -
19.04 Determination of Transferable Development Rights
A. Recording System. The City shall establish and maintain a system for recording and monitoring
the severance, ownership and receipt of transferable development rights.
B. Administrative Authority. The Administrative Officer has authority to determine the
development rights available.
C. Application Requirements. An application for a determination of the development rights
available to be severed from a sending property must include:
1. Completed application form(s).
2. A tax map, plat, or site plan showing the boundaries of each lot, tract or parcel from which
development rights are sought to be severed.
3. Hazards delineation or affirmation pursuant to Article 12.
4. Determination of the existing zoning of the property.
5. A copy of the deed for the sending property.
6. A calculation of the number of development rights available to be severed from the property
and the number of those development rights proposed to be severed.
7. All applicable fees.
D. Calculation of Development Rights. Development rights shall be calculated to the nearest whole
number. 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).
LDR-22-05: Transferable Development Rights
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 9,500 SF (1.2) 20%40%20 10 30 15 25 28 2 3 1 4
Two-family 12,000 SF (1.2)20%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 9,500 SF (1.2) 20%40%20 10 30 15 25 28 2 3 1 4
Two-family 12,000 SF (1.2)20%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 9,500 SF (1.2) 20%40%20 40%30 15 25 28 2 3 1 4
Two-family 12,000 SF (1.2)20%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
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
R2
Maximum Building HeightStandard setbacks (feet):
SEQ-NRP,
NRT, NRN*
and NR
QCP
District Land Use
SEQ-VR
LN
SEQ-VC
Minimum lot size (max.
residential density in dwelling
units per acre)**
Maximum site
coverage:
South Burlington Land Development Regulations
LDR-22-05: Transferable Development Rights
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
Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)**
Maximum site
coverage:
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
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
AR
C1
Same as R7 standards
C1-LR
South Burlington Land Development Regulations
LDR-22-05: Transferable Development Rights
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
Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)**
Maximum site
coverage:
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
C2
** 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 and use of
TDRs under Article 19
* 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
SW
South Burlington Land Development Regulations
LDR-22-06A: Bicycle Parking
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
13 SUPPLEMENTAL REGULATIONS
. . .
13.03 Bicycle Parking & Storage
. . .
13.03 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.
. . .
Table 13-3. 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 & distribution,
Distribution and related storage,
lumber and contractor’s yard, self-
storage, and light
manufacturingindustry
1 per 20k SF; minimum 2 2 per tenant
Retail, restaurant, office, and all
other non-residential uses except
Educational facility
1 per 5k SF; minimum 4 50% of required short term bike
parking spaces.
Educational facility 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 13-4. 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
14-1
LDR-22-06B: Performance Bonds
South Burlington Land Development Regulations
14 SITE PLAN and CONDITIONAL USE REVIEW
. . .
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
. . .
F. Alteration of Existing Grade
(1) . . .
(2 ) Standards and Conditions for Approval.
(a) The Development Review Board shall review a request under this Section for compliance with the
standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations.
An application under this section 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.
(b) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(i) Duration or phasing of the permit for any length of time.
(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.
ii) Provision of a suitable bond or other security in accordance with Section 15.A.20 17.15
adequate to assure compliance with the provisions of these Regulations.
(iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of
Structures.
LDR-22-06B: Performance Bonds
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
15.A SUBDIVISION REVIEW
. . .
15.A.20 Performance Bonds, Escrow Accounts, Letters of Credit
. . .
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.
LDR-22-06B: Performance Bonds
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
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.
(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.
LDR-22-06B: Performance Bonds
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
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.
LDR-22-06B Performance Bonds
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
[ALL TEXT MOVED FROM 15.A.20 INTO NEW SECTION 17.15]
17 ADMINISTRATION and ENFORCEMENT
. . .
17.15 Performance Bonds, Escrow Accounts, Letters of Credit
. . .
17.15 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.
LDR-22-06B Performance Bonds
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
(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.
LDR-22-06C: Technical Correction to stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
13 SUPPLEMENTAL REGULATIONS
. . .
13.05 Stormwater Management
. . .
.
.
.
13.05 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(DE) 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 13.05(ED).
All new impervious surface area must meet the site design requirements of section 13.05(DE).
(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(DE). All new impervious surface area must
meet the site design requirements of Section 13.05(ED).
LDR-22-06C: Technical Correction to stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
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(ED)(1) due to one or more of the following constraints:
(i) Seasonally high or shallow groundwater,
(ii) Shallow bedrock,
(iii) Soil infiltration rates of less than 0.2 inches per hour,
(iv) Soils contaminated with hazardous materials, as that phrase is defined by 10 V.S.A. §6602(16),
as amended,
LDR-22-06C: Technical Correction to stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
(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(ED)(2). Existing Tier
3 practices shall only be used to satisfy the requirements of Section 13.05(ED)(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(ED)(1) and 13.05(ED)(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(ED), or sites that are exempt from Section 13.05(ED), may discharge to the
municipal stormwater system, or a stormwater system within a proposed future municipal right-of-way,
provided that the stormwater system has adequate capacity to convey the twenty-five year storm event
from the contributing drainage area. All applicants shall meet the following standards if it is determined
that their project may have impacts to municipal stormwater system:
(1) New drainage structures connected to the municipal stormwater system, or a stormwater system
within a proposed future municipal right-of-way, shall comply with the following standards:
(a) New drainage structures should be located within the street right-of-way
(b) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour
(4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II
rainfall distribution);
(c) Drainage pipes must have a minimum diameter of 15” and be connected to drainage structures
using booted connections.
(d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure
elevation.
(e) House footing drains shall only be connected to drainage facilities located in the street right-of-
way when a suitable location to daylight the footing drain cannot be found.
(f) Footing drains must not be connected to road underdrain.
LDR-22-06C: Technical Correction to stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
(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.
LDR-22-06D: Technical Correction to admin & enforcement numbering
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
17 ADMINISTRATION and ENFORCEMENT
. . .
17.04 Expiration of Permits and Approvals
. . .
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:
(1) A zoning permit is issued for the project;
(2) 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,
(3) 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]
LDR-22-06E: Submission requirements
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.
All Districts Except City Center FBC City Center FBC District
PROJECT DESCRIPTION
SITE INFORMATION
South Burlington Land Development Regulations
LDR-22-06E: 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
All Districts Except City Center FBC City Center FBC District
√ √ √√√ 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.
√ √ √ √ √√√ √ √ √ 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
√ √√ Preliminary 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
BUILDINGS
STREETS AND UTILITIES
LANDSCAPE FEATURES - REVIEW
South Burlington Land Development Regulations
LDR-22-06E: 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
All Districts Except City Center FBC City Center FBC District
√ √√√ 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.
√Master Plan: See Article 15.B
√ √ √ √
Initial Site Conditions Map
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
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
NATURAL RESOURCES
South Burlington Land Development Regulations
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
Planning Commission Public Hearing Monday, August 8, 2022, 7:00 PM
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on Monday, August 8 at 7:00 pm,
in person and via electronic platform, to consider the following amendments to the South Burlington
Land Development Regulations:
A. LDR-22-05: Update the regulation of Transferable Development Rights (TDRs), including, but not
limited to, expanding the receiving areas for TDRs, assigning value for TDRs, updating process for
sending and receiving TDRs, and clarifying existing applicability in receiving areas
B. LDR-22-06: Minor and Technical Amendments to Bicycle Parking, Performance Bonds, Submission
Requirements, and Section numbering
Brief Description and Findings Concerning the Proposed Amendments
The proposed amendments have been considered by the Planning Commission for their consistency
with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted
February 1, 2016. For each of the amendments, 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.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
2
A. LDR-22-05: Update the regulation of Transferable Development Rights (TDRs), including, but not
limited to, expanding the receiving areas for TDRs and updating process for sending and receiving
TDRs
Brief explanation of the proposed amendment:
This amendment updates the existing Transferable Development Rights program. It expands the
areas where TDRs can be received to areas outside the SEQ districts to the City’s medium and
higher-density residential and mixed use zoning districts along transit-served areas, establishes how
TDRs can be used and maximum use of TDRs in all areas where they can be received, and outlines
the process for severing TDRs from a property and receiving them on a property.
Findings Concerning the Proposed Amendments
(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 TDR program updates are intended to support the land use pattern envisioned by
the 2016 Comprehensive Plan. This includes increasing residential density along corridors with
transit lines and municipal services, and conserving land in appropriate areas of the City.
Specifically, the updated program expands the receiving areas for TDRs to zoning districts that
already have higher residential densities and/or existing transit, like the districts along much of
Shelburne Road and medium-density residential areas in the Transit Overlay District. The
designation of sending areas in the SEQ allow for greater conservation of those areas with
compensation to the current landowners. These updates are intended to foster greater housing
variation and affordability in the City in areas where additional development is supported by
infrastructure, and directing it away from areas where it is not.
The 2016 Comprehensive Plan includes several goals and policies, described in the Plan as
objectives and strategies:
Comprehensive Plan Objectives:
• Objective 2: Offer a full spectrum of housing choices that includes options affordable to
households of varying income levels and seizes by striving to meet the housing targets set
forth in this Plan.
• 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.
3
• 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 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 36: Conserve productive farmland and primary agricultural soils within the City.
• 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.
• Objective 40: Prioritize development that occurs within the community into the higher
intensity areas identified within this Plan.
Comprehensive Plan Strategies:
• 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 multi- unit 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 10. Develop strategies that can lead to the availability or development of more
housing that is affordable to middle income, working residents and families in the City. Work
through the CCRPC with surrounding communities to increase the inventory of housing that
is more affordable to families. Consider development of a program that enables “empty
nesters” occupying “family” sized housing to comfortably downsize into a multi-family unit
that may be available nearby keeping them in their neighborhood but freeing the former
home up for new generations of young families.
4
• Strategy 12. Promote the construction of new homes - particularly affordable and moderate-
income units - that are highly energy-efficient, and upgrades to existing homes to make
them more energy-efficient, which will reduce residents’ overall cost of living and contribute
to housing affordability.
• 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.
Comprehensive Plan Ongoing Activities
• Continue to refine the City’s Land Development Regulations to promote the Plan’s goals and
objectives.
• Continue to facilitate the use of transfer of development rights within the SEQ zoning
district to achieve the smart growth objectives for the SEQ.
• Continue to allow neighborhood areas with a buildable density of between four and eight
units per acre, using development rights transferred from areas in the SEQ designated for
conservation or protection.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The TDR program updates allow for greater density of residential uses in areas indicated
medium to higher intensity use in the Comprehensive Plan, while implementing greater
conservation in the areas indicated for very low or low intensity use. For example, many
receiving areas are centered on Shelburne Road, parts of Willison Road, Hinesburg Road, and
similar, along with associated transitional areas, where “medium to higher intensity – mixed
use” and “medium intensity – residential to mixed-use” future land uses are indicated. Sending
areas are planned as “very low intensity – principally open space” and “lower intensity –
principally residential”. These are all indicated on Map 11: Future Land Use in the 2016
Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
This proposed amendment does not relate directly to any planned community facilities.
However, it intends to incentivize development in areas where municipal infrastructure exists
and community facilities also exist.
B. LDR-22-06: Minor and Technical Amendments to Bicycle Parking, Performance Bonds, Submission
Requirements, and Section numbering
Brief explanation of the proposed amendment:
Table in 13.03 of the LDRs related to bicycle parking: In Section 13.03 of the LDRs, the table
governing the number of bicycle parking spaces lists “uses” that are not identical to the uses listed in
the Table of Uses in Appendix C. The amendment is to clearly indicate which uses require 1 bicycle
space per 20,000 SF and which require 1 bicycle space per 5,000 SF.
5
Move Section 15.A.20 (Performance Bonds) to Article 17: This amendment moves performance
bonds from Subdivision to Administration to be clear it can apply in circumstances beyond
subdivisions, as is the case in several instances.
Re-letter Section 13.05 to correct double “A” subsections: In Section 13.05, there are two
subsections labeled “A”. In a prior version of the LDRs, when stormwater management standards
were contained in Article 12, the “Applicability” section was contained in “B. Scope and
Applicability” and the language under that section included internal references that persist in the
new 13.05.
Delete 17.04C Subdivision Approvals header: Section 17.04 contains a subsection A labeled
“Subdivision Approvals. [reserved]” that is no longer needed and is a vestige of former state
enabling statutes. It is currently a duplicate “A” that should be labeled “C” as in the previous version
of the LDRs.
Modify Appendix E to specify submission requirements for Final Plat for Minor Subdivisions, and for
solar-ready roofs.
Findings Concerning the Proposed Amendments
(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 changes are technical in nature and service only to clarify the LDR.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed changes are technical in nature and service only to clarify the LDR.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
The proposed changes are technical in nature and service only to clarify the LDR.
MEMORANDUM
TO: South Burlington City Council
FROM: Andrew Bolduc, Deputy City Manager
Martha Machar, Finance Officer
DATE: September 1, 2022 City Council Meeting
RE: South Burlington American Rescue Plan Act (ARPA) Funds – Spending Update
______________________________________________________________________________
Background
The American Rescue Plan Act (ARPA) included a total of $360 billion in pandemic-related aid for
state and local governments. Vermont will receive more than $1.25 billion with $200 million
allocated directly to Vermont’s cities, towns, and villages. The legislature and the governor will
determine how the $105 billion is allocated. The City of South Burlington received a total
allocation of $5,654,533.00. Under the Act, these funds must be allocated by December 31, 2024
and expended by December 31, 2026.
To date, the Council has allocated the following share of ARPA funds:
To-date City Council Approved ARPA allocations
FY 22 Refunding 3 City staff (100%) $257,872.28
FY 23 Refunding 3 City staff (80%) $213,518.25
Ambulance $310,000.00
Dispatch consoles $225,000.00
FF staff $50,000.00
FF PPE $48,000.00
Permitting software $50,000.00
Microsoft 365 $39,000.00
Market St. Winter Event $32,000.00
FY 24 Refunding 3 City staff (60%) $165,743.54
FY 25 Refunding 3 City staff (40%) $114,363.04
FY 26 Refunding 3 City staff (20%) $59,182.87
Affordable Housing RFP $1,000,000
Allocated Total $2,564,679.00
Unallocated $3,089,854.02
To-date City ARPA Spending
At the close of FY22, only expenses related to refunding three city staff positions allocated for
FY22 have been expended. As a reminder, these were frozen positions Council approved to fund
with ARPA funds and phase into the general fund within the 5-year ARPA spending window. There
was lag in filling both positions and as a result, both positions did not start at the beginning of the
fiscal year. Because of this, only $108,185.19 of FY22 allocated funds were expended. This leaves
an unspent balance of $149,687.09 of FY22 Council allocated ARPA funds. Because of this
balance, management is making two recommendations outlined below for Council consideration for
re-allocation of this unspent balance.
New Ambulance purchase: As part of FY23 budget process, the Council approved
spending $310,000 of APRA funds to purchase new ambulance. Chief Locke was able to secure a
contract with North Eastern Rescue Vehicles Inc. for $368,084. This is $58,084 more than the
approved amount. Management recommends reallocating a share of unspent FY22 ARPA funds to
make-up the difference.
Future salary variance for 3 refunded city staff positions: The total cost ($810,679.98)
the Council approved in 2021 was based on estimates of starting salaries as well as low level CPI
increases for five years including benefits. In anticipation of higher than forecasted increases in
salaries, starting in FY23, management is recommending reallocating the remainder of unspent
FY22 allocations to fund future differences between the estimated and actual salaries.
Recommended Action:
In order to assure proper action has been taken with respect to ARPA allocation
requirements, we recommend the following Council action via motion:
Move to approve the reallocation of FY22 unspent ARPA funds as presented to pay the overage
on the new ambulance purchase, and, beginning in FY23, the balance to fund salary variances
in the three refunded City staff positions.
To: South Burlington City Council
From: Affordable Housing and Housing Trust Fund Committees
Background: The South Burlington Affordable Housing Committee met on August 17, 2022, and approved a
motion that the following statement be forwarded to the City Council relative to funding of proposals received in
response to the City’s Request for Proposals on investing up to $1 million in ARPA funds toward the development
or preservation of affordable housing in the City. The South Burlington Housing Trust Fund Committee met on
August 23, 2022, and approved the same motion.
Statement: At the Joint meeting of the Affordable Housing Committee and the Housing Trust Fund Committee
on August 12, 2022, committee members discussed the six proposals received to “Leverage ARPA Funds to
Develop Affordable Housing." In total, these six proposals represented $3.1 million in requests from proven
developers to incentivize the creation of affordable housing in South Burlington. The Committees were surprised
and excited by the number and quality of responses. Therefore, we are respectfully requesting a larger
investment of ARPA funds for these purposes.
The Committees propose the following allocation:
$300,000 to Cathedral Square to purchase and rehab the Gazebo Property at 1510 and 1530 Williston Road in
order to “purchase the property to preserve and maintain operations of the existing long term care community
(Gazebo North) and utilize the Gazebo South property to serve as residential rental housing for long term care
staff who serve the care needs of older adults in the community.”
$300,000 to Champlain Housing Trust to renovate and convert the Ho Hum Motel on Williston Road to 20 one‐
bedroom apartments to serve the homeless. Local permit approval is met and the conversion will upgrade
building code conditions and energy upgrades, as well.
$500,000 to Champlain Housing Trust and Green Mountain Habitat for Humanity to “develop eight duplex lots in
the Dorset Commons neighborhood to provide 16 affordable shared equity homes” by developing existing
developable land on adjacent city held property at 577 Dorset Street. The grant will cover costs for “engineering,
extension of the existing road network and utilities … and comply with new State stormwater rules to upgrade
the existing stormwater system for the whole neighborhood.” We recognize this proposal will require the City to
complete a lot line adjustment with CHT to enable this development to take place. In addition, we encourage the
City Council to explore sound mitigation with the developer.
The three proposals meet all the criteria set out in the Request for Proposals and will result in a variety of housing
options that fall within or below Area Median Income levels. As proposed, the three proposals will provide:
34 units of residential care and 28 market rate and eight inclusionary rental apartments at Gazebo North and
South;
16 three‐bedroom new built homeownership opportunities at Dorset Commons;
20 one‐bedroom newly renovated apartments for formerly homeless persons at the Ho Hum Motel.
The Committees support these three proposals because they offer a range of housing opportunities for different
types of affordable housing needs showing the progression for which individuals and families can move from
homelessness to safe supported housing and possibly to homeownership, in addition to long term residential
care.
The Committees also unanimously propose that Council consider adding to the ARPA Affordable Housing
commitment so that the proposal from Summit Properties to support the 71 affordable rental units proposed as
part of “Summit at O’Brien Farm” can be supported with $300,000 of the $500,000 requested to augment a
potential award of $150,000 from the Housing Trust Fund, as well as South Burlington’s allocation of CDBG funds,
to help close the gap. The Committees are enthused about this worthy project but hesitant to overcommitting
our allocation.
Given the timeline of review and the importance of moving recommendations forward to the Council, interviews
with the developers were not conducted. The Committees recommend the Council may want to hear from the
developers during their review process.
Regarding the other two proposals submitted: the committees are not recommending funding of the Green
Mountain Habitat for Humanity (GMH4H) land bank proposal due to the perceived high risk that GMH4H would
not be able to make $500,000 of land purchases by December 31, 2026, a requirement of which GMH4H may not
have been aware. The committees believe the land bank’s revolving loan fund function would make it a prudent
investment and may promote it via a different funding source. While the committees are not recommending
funding of the Eastern Real Estate (U‐Mall) proposal, primarily due the early stage of the project’s development,
members welcome Eastern’s clear commitment to including housing, including affordable housing, in the project,
and will follow up with Eastern’s U‐Mall representative.
Affordable Housing Committee action: The motion was made by Vince Bolduc and seconded by Leslie Black‐
Plumeau. It was approved by a vote of 8‐0‐1. The following members voted for approval: Janet Bellavance,
Leslie Black‐Plumeau, Vince Bolduc, Sandy Dooley, Emily Holt‐Gosselin, Darrilyn Peters, John Simson, and Chris
Trombly. Ariel Jensen‐Vargas abstained from the vote. Tom Getz recused himself and was not present during
this part of the meeting. The Housing Trust Fund Committee will meet in the near future and consider this
statement for approval.
Housing Trust Fund Committee action: At its meeting on August 23, 2022, the committee considered and
unanimously approved the same motion. Present and voting were: Ariel Jensen‐Vargas, Emilie Krasnow, and
Larry Kupferman.
American Rescue Plan Act (ARPA) Survey
Results
Andrew Bolduc, Deputy City Manager
South Burlington City Council Regular Meeting
September 6, 2022
Background
•Final Council Survey Approval: June 6
•Survey Live: June 16
•Survey Closed: August 26
•351 Responses
o City News
o City Website
o Other Paper
o WCAX story
o Event pamphlets
Who did we hear from?
•Affiliation Ethnicity
o Residents –95% (327)
o Property Owners –62% (211)
o Work in South Burlington –21% (71)
o Business Owners –8% (29)
•Gender
o Female –56.3% (192)
o Male –36% (123)
o Non-binary –2% (7)
o Prefer not to say –5.6% (19)
•Age
o 15-30 –6% (21)
o 31-45 –30% (103)
o 46-60 –22.5% (77)
o 61-75 –31.3% (107)
o 76+ -6% (21)
Responses
Caucasian 81.82%279
Black/African-
American 0.29%1
Latino or Hispanic 1.47%5
Asian 0.59%2
Native American 1.17%4
Pacific Islander 0.00%0
Two or more 0.59%2
Other/Unknown 0.59%2
Prefer not to say 13.49%46
Respondent Location
South East Quadrant
33%
Kennedy Drive / City
Center / Quarry Hill
24%
Chamberlin /
Mayfair Park / Lime
Kiln 18%
Shelburne Road /
Lakeshore / Orchard
24%
Outside South
Burlington 1%
Education Level
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
High school/GED Bachelor's degree Graduate degree or higherRESPONSES
EDUCATION
Survey 2020 Census
Who did we not hear from?
•2020 SB Census Over 65:18.5%
•Survey Over 61:37.3%
•Ethnicity
Responses 2020 Census
Caucasian 81.82%83.0%
Black/African-American 0.29%3.1%
Latino or Hispanic 1.47%
Asian 0.59%6.7%
Native American 1.17%0.1%
Pacific Islander 0.00%0.0%
Two or more 0.59%5.8%
Other/Unknown 0.59%1.2%
Prefer not to say 13.49%
Q1: COVID-19 has impacted our daily lives in many ways. In which of the following ways you have been most impacted by the pandemic?
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
Financially Socially / Loss of
Social Connection
Personal Health Access to Services Other (please
specify)
Q1: Selected Responses -Other
•“Housing vulnerability”
•“Challenges scheduling mental health services or
appointments with doctors”
•“Engagement with professional community”
•“Access to entertainment, shopping, local
businesses”
•“Able to more safely bike with less roadway traffic”
•“Spent more time recreating outdoors”
•“Inability to travel”
Q2: In a few words, describe how the pandemic has most affected you and your family
Q3: COVID forced a number of changes in the way we live, work, and play. What, if any, of these changes would you like to see continue into the future?
Q4: ARPA identified six key purposes for use of this federal funding. How would you prioritize the importance of these purposes for South Burlington? “1” most important “5” is least
Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community?
Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community?
Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community?
Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community?
Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community?
•Selected unique responses:
o “Noise mitigation along I-189 & I-89”
o “Noise mitigation along BTV”
o “Arboretum/botanical garden at Wheeler Homestead”
o “State-of-the-art playground in City Center”
o “Reparations”
o “More benches along high-use stretches of City rec paths”
o “Mountain bike trail”
o “Skate park”
o “Transform abandoned Pier One retail space into “SAVVY AIR” virus-
scrubbed arboretum with air filtration and light therapy”
o “Solar pavilion workspace amenity in a city park.”
o “Improve sidewalk at White Street bus stop”
o “Housing Trust Fund to develop a land bank for affordable housing”
Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community?
Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority?
Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority?
Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority?
Summary Trends
•COVID impacts: Dire need for increased access to
childcare services
•COVID impacts: Isolation & increased use of green
& recreational spaces
•Broad range of responses
•While it did not rank highly overall in prioritization,
overwhelming individual feedback on the desire for
improvement and development of community
recreation spaces
•Concerns with aging school district infrastructure
Next Steps
•Council value statements 3/21:
o Transformational “one-time” investments
o Biggest “bang for our buck”
o Community engagement in decision making process
•What ideas haven’t we thought of?
•Question 1 –Any additional outreach?
•Question 2 –Based on data, any changes in value
statements?
•Question 3 –What transformational projects do you see in this
data? Are there investment areas or categories you would like
staff to provide additional information and
recommendations?
•Question 4 –Timeline. Part of FY24 budget process? Hold any
portion of funds for future decision making?
1
Jessie Baker
From:Chris Trombly <ctrombly@gmail.com>
Sent:Friday, September 2, 2022 3:00 AM
To:Helen Riehle
Cc:Jessie Baker; Sandy Dooley
Subject:'EXTERNAL'ARPA recommendations from the Affordable Housing Committee
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 Helen,
Please see below for two recommendations from our committee which were unanimously approved
on August 17, 2022. These one-time expenses will fund two of our FY2023 priorities and is
consistent with purpose of the funds by assisting in an equitable recovery. We will have a member
available for the September 6 meeting for any questions or follow up. Thank you, Chris
Conduct a Housing Needs Assessment
Motion: The Affordable Housing committee recommends that the
South Burlington City Council budget $15,000 - $20,000 to pay an
external consultant to conduct and prepare a report about the
housing needs assessment.
(8/17/22 Meeting). The motion was passed unanimously. (See
attached for additional information)
$15,000 - $20,000
Weatherization Funding
Motion: The Affordable Housing Committee recommends that the
City Council earmark some of the remaining ARPA funds for
initiatives that would supplement existing programs whose purpose
is to make homes owned or rented by low-income residents more
energy efficient in climate-change-friendly ways and therefore less
expensive to maintain.
The Affordable Housing Committee would work with the Energy
Committee to identify investments that would accomplish this
objective. This investment would support the Climate Action Plan
Task Force’s goal of reducing greenhouse gas emissions in a
manner that advances equity in South Burlington.
(8/17/22 Meeting). The motion was passed unanimously.
Council’s discretion
**************************************
2
Housing Needs Assessment
South Burlington Affordable Housing Committee | September 1, 2022
Background
A housing needs assessment is a critical planning tool for identifying local policy solutions for a
community’s most urgent needs. It involves using data and local voices to identify gaps
between a community's existing housing stock and the current and future needs of residents.
It is ideal to update a town's housing needs assessment every 5-10 years, due to ongoing
changes that affect the demand for and supply of housing, such as population demographics,
impacts on housing quality, changing state and federal resources and housing market
fluctuations.
The last South Burlington housing needs assessment was conducted almost 10 years ago
The housing section of the municipal plan should provide current information and guidance
regarding local housing needs, including how much housing is needed in the community and
regulations proposed to meet local needs. The Housing Needs Assessment will provide the
needed data for the City to set sustainable targets, types, locations and goals for housing
growth in South Burlington.
South Burlington has experienced unprecedented changes in the last five years, including
groundbreaking of the City Center, the COVID-19 pandemic and efforts to establish federal
state and local goals regarding climate change.
Action recommended
We recommend that the South Burlington City Council task the Affordable Housing Committee with
developing a scope of work and an RFP for hiring a consultant to conduct this assessment.
We recommend that the South Burlington City Council budget $10,000 -$15,000 to pay an external
consultant to conduct and prepare a report about the housing needs assessment.
Data obtained through City, state, and Census Bureau sources, including on the Vermont Housing
Data Website, by the consultant will be used to analyze the current conditions of South Burlington
housing market and assess future housing needs. The types of data analysis to be conducted by the
consultant will include, but will not be limited to availability, affordability, and future needs for owner
homes, rental housing and perpetually affordable housing.
Both raw data and the results of the data analysis will be provided to the South Burlington Affordable
Housing Committee in a written report or similar format. The consultant will review this document
with the Affordable Housing Committee at a regular Affordable Housing Committee meeting.
This document will include data, data analysis, and recommended implementation measures to
address identified housing challenges in the city of South Burlington.
Model scope of work outline
1. Demographic, geographic and economic data review - The consultant will gather and analyze
information through city, state and Census Bureau data sets regarding population, households,
housing and employment including, but not limited to, historical and population growth trends,
demographic data, household data, and employment data.
3
2. Housing Stock, Trends and Projections this will include information about new residential
units, types of building permits issued, trends across the City and estimated rental and owner home
vacancy rates.
3. Market Analysis- The Consultant will study residential real estate trends of all types of housing
including an analysis of past residential sales prices, length of time on the market, and other relevant
real estate metrics.
4. City housing levers - review of land development regulations and other city requirements that
affect housing affordability and availability.
5. Implementation Strategies and Recommendations-The Consultant will develop
recommendations for specific types, rate and other housing needs based on the data review,
projections, market analysis and regulation review.
Bike Ped Committee ARPA Requests
Excepted from Meeting Minutes of 6/8/22
ARPA funding‐ final recommendations
a. Discussed last month
b. Donna noted Climate Action Task force comments on need for bike ped master plan and
how we get people out of cars, asking the question why we drive so much. Also one of
the Bike Friendly Community comments was needing a master plan.
c. Amanda – If conversation is on ARPA funding. Planning is well documented in SB but are
there one or two bike ped projects that we could accelerate. One thing that could be
used for is school maintenance. Spear Street is also a key corridor for safety.
d. Nic – Pitched Hinesburg Road as having the biggest need for connection to services,
schools and housing.
e. Donna agreed that it is shovel ready.
f. Nic asked what Andrew needed.
g. Andrew doesn’t need a motion but just ideas from all the different parties.
h. Amanda asked if we could do Airport Parkway and Spear Street widening because both
don’t have access to sidewalks so would provide a new connection.
i. Donna – Mobility and micro‐transit for seniors to get places would be great.
j. Amanda – VTrans and CCRPC do have a working group to try and address elderly and
disabled transit options. The E&D committee does focus on SSTA and transportation.
There are working groups that do discuss meeting the needs of elders.
k. Cathy – There are senior transportation services. Supports Hinesburg Road proposal
which shouldn’t be that much overall.
l. Donna need to know where the dis‐affected communities are. We don’t know where
they are. General problem around the state. Equity concern. Tend to not know where
they are.
m. Andrew – Surprised at the lack of data the City has. Mainly just census data. Equitable
community outreach is thought about a lot and working to get better at.
n. Amanda (from Chat) Re disadvantaged groups. Let's invite Marshall Distell from CCRPC
to a future meeting. He leads the elderly and disabled regional transportation group. I
can help to coordinate it.
o. Havaleh – Detailed pockets of disadvantaged people.
p. Nic is hearing that the Hinesburg Rd project and Airport Parkway project both rise to
the top. Airport Parkway would be providing infrastructure that doesn’t exist yet, so
does in fact connect communities at Lime Kiln.
q. Andrew will take those two projects forward
1
Jessie Baker
From:jrbipad@gmail.com
Sent:Saturday, August 27, 2022 1:36 PM
To:Tim Barritt; Meaghan Emery; Tom Chittenden; Matt Cota; Helen Riehle
Cc:Jessie Baker; 'Thomas Bailey'; 'Michael Biama'; kenlinge@gmail.com; 'Linda Norris';
slsrinivasan@gmail.com; charleswjohnston14@gmail.com
Subject:'EXTERNAL'South Burlington Economic Development Committee poll on use of ARPA funds
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 City Council Members,
In addition to participating in the online community survey about the city use of ARPA funds, the members of the
Economic Development Committee decided to compile a priority list of what the committee thinks would be the best
way to spend the ARPA money for the long‐term benefit of the South Burlington economy. We just completed a “blind”
internal survey where each member submitted their top 3 topics that I compiled to determine the overall top 3
priorities.
The top three topics that they picked for funding were:
Investing in child care centers to support working residents
improving transit services
Support local businesses
Additional topics in rank priority order are:
Improving city sidewalks and recreation paths
Smart Growth in City Center
Water, Sewer, Stormwater Infrastructure
We thought this result might be of interest as you work through the process of determining the use of these funds from
an economic perspective.
Feel free to reach out to me If you have any questions about these results
Sincerely,
John
John Burton
South Burlington Economic Development Committee Chair
South Burlington Energy Committee
180 Market Street
South Burlington, VT 05403
(802) 846‐4107
www.SouthBurlingtonVT.gov
facebook.com/SouthBurlington
MEMORANDUM
TO: Helen Riehle, Chair of South Burlington City Council
FROM: Tim Perrin, Chair of South Burlington Energy Committee
CC: Jessie Baker, South Burlington City Manager
DATE: September 1, 2022
SUBJECT: Energy Committee Recommendations for ARPA Funding
The City has received about $5.6 million in federal economic relief funding through the American Rescue
Plan Act (ARPA) of 2021. These funds were awarded to:
● Fight the pandemic and support families and businesses struggling with the impacts
● Maintain public services
● Build a strong, resilient, and equitable recovery
This funding presents a unique opportunity to transform aspects of South Burlington’s infrastructure and
services to align with the City’s climate goals, drive the transition to a more equitable and sustainable
energy economy, and improve the resilience of our community. The Energy Committee would like to
submit these recommendations and examples for how ARPA funding can be utilized in the most impactful
ways for our energy systems and climate utilizing current technologies in high‐visibility projects.
Support the electrification of heating systems and vehicles
⮚ We recommend ARPA funding be used to hire a partner organization to develop educational
materials, conduct outreach and community engagement activities, and accelerate heat pump
deployment across South Burlington. ICLEI Local Governments for Sustainability has determined
that 10% of South Burlington’s housing stock needs to be transitioned off fossil fuels each year to
hit our greenhouse gas reduction targets.
⮚ The City should consider purchasing at least one electric ride‐on lawnmower for Public Works to
use and promote as a technology demonstration. All types of lawn equipment now have
electrified options and the City can help validate performance and stimulate adoption by
households and businesses across the community.
⮚ To help promote the transition to electrified lawn equipment, funding could be applied to buy
back existing gas‐fired equipment from income‐qualified households as an incentive for early
retirement of legacy lawn mowers, weed wackers, and leaf blowers.
⮚ To help promote the transition to electric vehicles across the city, offering grants to businesses,
affordable housing, and institutions to invest in electric vehicle charging infrastructure on their
property.
Reduce barriers to utilizing mass transit
⮚ Vermont’s weather can serve as a major deterrent to the utilization of mass transit, as most bus
stops do not provide adequate protection from the rain, snow, and wind. We encourage the City
to buy and install small shelters or simple covered areas for all the bus stops in South Burlington.
Offering this refuge from the elements can help increase bus ridership with a nominal investment
by the community. This project has been discussed with Green Mountain Transit leadership and
they are supportive of the concept and open to a partnership. Details of the partnership would
need to be finalized once this project receives approval from the City Council.
⮚ While mass transit can be an attractive option for individuals who live close to a bus route, many
have to travel inconvenient distances to access a bus stop. ARPA funding could be utilized to bring
on a consultant to assess pathways for increasing access to public transit. Many communities are
exploring micro‐transit using smaller vehicles like vans to help accommodate more customized
service for individuals who do not live near a bus stop. The City can invest in a pilot to better
understand the role that micro‐transit services can play as a more sustainable transportation
option for community members.
Create more pedestrian and bike‐friendly transportation options
⮚ Accelerate the timeline of the "Penny for Paths" project plan to build more bike & pedestrian
paths and sidewalks. This will give people more options for how to get around South Burlington
safely and conveniently without a car. The result will be reduced traffic, reduced emissions,
reduced noise, improved health, and better personal connections between people as they see
each other on the path and sidewalk system.
⮚ Add sidewalk or multi‐use paths in targeted areas across the city to better accommodate
pedestrians & cyclists and provide faster and safer bike travel to locations across the community.
Connecting the separated sidewalks on Hinesburg Road between Tilley Drive and Rye Meadows
and extending the multi‐use path on Williston Road to Kennedy Drive are two examples.
⮚ Partner with appropriate organization(s) and subsidize the purchase of electric bikes and any
necessary charging equipment income‐qualified households to accommodate local
transportation needs.
Support formulation of the budgeted implementation program plan for the South Burlington Climate
Action Plan
Hire a consulting firm to follow up on the Climate Action Plan and subsequent implementation
plan to create a fully‐fledged budgeted program. This would include identifying funding sources,
methods, and timelines to obtain funding. This plan would be to the level of detail of
administrative and overhead cost budget for the city and the salaries of the program management
unit.
Natural Resources & Conservation Committee ARPA Requests
Excepted from Meeting Minutes of 8/3/22
ARPA Funds
a. Larry motioned we accept the memo John sent to Tom DiPietro using ARPA funds. Lisa
2nd. Approved, Andrew will send this from the minutes.
The South Burlington Natural Resources & Conservation Committee recommends
to the South Burlington City Council that $100,000 of the Federal ARPA Funds be
used to enhance the city tree canopy. In the following ways.
Accelerate the city’s existing plan for Ash tree replacement across the city and
purchase a suitable number of trees of various types to diversify the tree
selection: And/or Consider adding a tree treatment program for selected Ash
trees after a bidding process for suitable treatment applicators.
South Burlington Cultural Plan – ARPA Recommendation from the Public Art Committee
Approved unanimously by the Public Art Committee August 30, 2022
During Covid, arts organizations were often the first to close and last to reopen and they are still
not back to delivering many pre-pandemic programs. Artists lost all opportunities for public
engagement with their work and are still struggling while juggling multiple jobs to continue
living in our city. A South Burlington Cultural Plan will identify our cultural assets, articulate a
vision and action plan for strengthening our creative economy, and position it to grow.
A plan is essential to understand how we can support the needs and aspirations of our creative
and cultural sector. An RFP will be developed to engage consultants to work with the Public Art
Committee (PAC) to define a cultural plan that includes working with artists, organizations,
libraries, schools, parks, and the community. The plan will encourage the creation, appreciation,
and understanding of the arts to nurture a vibrant inclusive community, foster artistic excellence,
and bring people together for powerful shared experiences that inspire a creative exchange of
ideas. The arts touch people’s lives in profound ways, providing enrichment for everyone –
children to seniors, stimulating creativity and innovation, and enhancing and strengthening our
overall community.
A plan can also be integrated into all facets of local government to advance broader objectives in
the areas of economic prosperity, social equity, the environment, and cultural vitality. As the
Vermont Art Council’s Action Plan for Vermont’s Creative Sector states:
● Creativity is essential to the cultural and economic vitality of Vermont.
● Arts, culture, and creativity are just as essential to Vermont’s future as roads, bridges, and
broadband.
● Theaters, museums, libraries, parks, and community centers are essential for creative
activity.
The consultants and PAC will convene stakeholder artists and arts organizations in focus groups,
take public testimony, and research how other cities support cultural engagement. Lessons will
be drawn from The Creative City Network of Canada and plans from Bennington (VT), Chicago
(IL), Chattanooga (TN), Portland (ME), and other municipalities. Surveys and asset mapping
will identify South Burlington creative sector enterprises and compare them to state numbers. In
2018, data indicated that 41,000 Vermonters were employed in the creative sector, representing
9.3% of all Vermont jobs in 2018. (Source: Mt. Auburn Associates Report, Assessing Vermont’s
Creative Sector, December 2019)
Timeline for completion of a proposed plan to present to the City Council is projected to be one
year from the approval of the use of the funds and hiring of consultant(s) to work with the PAC,
with an estimated cost of $50,000.
In the development of this cultural plan, mission, values, operational and financial possibilities,
and strategies will be developed and refined with the community as to how South Burlington
can:
● Provide the widest variety of opportunities for artists and arts organizations in all
disciplines to thrive and build capacity.
● Provide quality, diverse arts and cultural opportunities in all South Burlington
neighborhoods for shared artistic expression, inspiring participation in the creation,
understanding, and appreciation of the arts.
● Collaborate across artists and arts organizations, community partners, schools, libraries,
recreation departments, and businesses in pursuit of richer cultural experiences.
● Explore opportunities to access tax credits and other permit or funding benefits available
in the City’s two State Designated areas (New Town Center and Neighborhood
Development Area) to support infrastructure rehabilitation, accessibility upgrades as well
as new cultural facilities.
● Explore grant programs to directly support local artists and arts organizations.
● Identify and prioritize locations, areas, and other opportunities for new and temporary
public art.
NOTE: The Vermont League of Cities and Towns reports creative industries often kickstart
local economies. Strengthening this sector will help make our city more resilient and a place that
more people will want to visit and live. Its suggestions for the use of ARPA funds includes:
● Investment in community-driven creative projects.
● Revitalize downtown areas and created artful spaces.
● Improve and/or increase digital capacity.
● Direct assistance.
● Improvement for disaster recovery and resilience.
The outline for the development of a South Burlington Cultural Plan is congruent with these
suggestions and align with quality-of-life objectives and strategies outlined in South Burlington’s
Comprehensive Plan.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To:SouthBurlingtonCityCouncil
From:JessieBaker,CityManager
Date:September1,2022
Re:WheelerDogPark
AttheAugust15,2022Councilmeeting,youreceivedpubliccommentontheconstructionoftheWheelerDog
Park.InresponseourPublicWorksDirectorputtogethertheattachedsetofrecommendations.Theseare
builtwiththegoalofopeningamuchͲneededandanticipatedpieceofmunicipalinfrastructureinatimely
mannerandonbudget.
Communication
IwanttoacknowledgethatthereisagreatdealofemotionandhistorybehindthisDogParkandothersinthe
City.Withoutreviewingthathistory(muchofwhichyouallknowbetterthanI)Idowanttoacknowledgeand
apologizeformycommunicationfailureduringconstruction.Whenwerealizedthatitwasrequiredtoinstall
thefenceisadifferentalignmentthanarticulatedtotheCommittee,Ishouldhaveclearlycommunicatedthat
immediatelyandwiththerationale.Intheattachedmemo,ourPublicWorksDirectoroutlinestheissues
encountered.Movingforward,wearecommittedtoensuringthatweclearlycommunicateprocessandnext
steps.
OptionsforOpeningWheelerDogPark
1. KeeptheParkclosedandexploreredesignoptionswithaconsultanttoexpandthefootprintofthe
Parkto2.0acresifpossible.
2. OpeninthelateFallof2022withnextstepsasoutlinedintheattachedmemo.
3. Option#2withtheexpectationofimmediatelyprioritizingaspartoftheFY24budgetthescopingand
engineeringofanotherDogParkintheCitytobestmeetallneighbors’needs.
PolicyvsImplementation
Movingforward,soastoavoidsuchadversarialinteractionsinthefuture,Irecommendthatwenottask
policyadvisingcommitteeswithexecutivetasks.Wehavewonderful,smart,committedcommittee
volunteersintheCity.WeshouldharnesstheirstrengthstoadvisetheCouncilandstaffoncommunityvalues,
policypositions,anduserexperiences.Professionalstaffshouldthenbetaskedwithhowtoimplementthese
valuesandpolicy.Movingforward,Ihopeweareinabetterpositiontoshareourprofessionalguidance.
104 Landfill Road, South Burlington, VT 05403 www.southburlingtonvt.gov tel 802.658.7961
Memo
To: South Burlington City Council
From: Thomas DiPietro, Director of Public Works
Cc: Jessie Baker, City Manager
Date: August 30, 2022
Re: Wheeler Dog Park
This memo is in response to public comment received by City Council at their August 15, 2022
meeting regarding the newly constructed Wheeler Dog Park. South Burlington Department of Public
Works (DPW) staff encountered a variety of issues when tasked with installing the dog park as
shown on the approved plan (Figure 1). The issues encountered are summarized below and shown
on a map (Figure 2) created by DPW staff during the week of August 22, 2022.
The layout of the Wheeler Dog Park fence was modified during installation for a variety of reasons
including: the presence of ledge (i.e. outcroppings of bedrock), topography not conducive to the
installation of fencing (i.e. steep slopes and bedrock), and areas that can’t be easily traversed or
maintained (i.e. mowed) due to ledge outcroppings, drainage features, and uneven / dangerous
ground. Figure 2 contains a summary of the locations where these features exist at the site.
Due to the above, the fenced in area that comprises the current dog park was reduced. The pink
polygon on Figure 2 shows the area (2.2 acres) of the dog park as drawn on the approved plan. The
blue polygon (1.0 acres) shows the area inside the newly installed dog park fence, with green
shading representing the small dog area (0.2 acres).
Public comment also centered around the need to make the Wheeler Dog Park accessible for users
with limited mobility (i.e. make the park compliant with the Americans with Disabilities Act).
Specifically, there was concern that the wood chips proposed for the park entrance would make
movement difficult for individuals with limited mobility.
Lastly, there was a request to modify the dog park entrance from what is shown on the approved
plans. The desire is to make the entrance area smaller to discourage dogs from actively playing in
the entrance area.
In order to resolve issues related to the dog park and open it to the public, we are making the
following recommendations:
1. Replace the wood chips at the park entrance with crushed stone (Shelburne limestone or a
sure-pac material). Making this change would ensure that park users with limited mobility
would be able to access each area (i.e. the entrance area and the large and small dog areas)
of the park. It should be noted that the park is on a hillside and it is unlikely that users with
limited mobility would be able to access all locations within the limits of the fence due to the
natural topography of the site. If access to all areas within the dog park fence is the goal, it
would take significantly more design and construction to achieve.
2
2. Ensure that the gates and their mechanisms are ADA compliant with respect to their height,
operational mechanisms, and provision of level surfaces adjacent to the gate.
3. Modify the dog park entrance as requested and shown in the attached Figure 3. These
modifications have been estimated to cost an additional $1,300.
4. Modify the dog park fence in the southwest corner to increase the size of the large dog area
as shown in Figure 4. This would result in an increase of approximately 0.3 acres and has
been estimated to cost an additional $6,600.
5. Do not expand the dog park in the northwest corner to increase the size of the small dog area
as shown in Figure 5. We recommend against this because the area is frequently saturated
as water flows out of the nearby ledge and collects in a depression. This area is shown as
class 3 wetland on the approved plan (Figure 1). If council decides to move forward with
expansion of the fence in this area it will likely be necessary to install drainage pipe in the
future. In addition, the area of proposed expansion is only 0.08 acres and estimated to cost
$4,400.
6. Do not expand the dog park to the east in order to expand the large dog area as shown in
Figure 6. This area is sloped, bisected by 2 drainage ditches, contains a significant rock
outcropping covered in sumac, and there are numerous small rock outcroppings and sections
of uneven ground that would prevent the use of lawnmowers. Due to these conditions, we do
not feel that DPW staff will be able to maintain this area in a way that would satisfy park
users. It may also introduce hazards and open the city up to liability if someone were to
become injured while using the park. If council decides to move forward with expansion in
this area we would recommend the consideration of additional site work (e.g. top soil, seed,
mulch) to ensure an even walking surface. However, any additional site work would be
complicated by poor vehicular access to this area. The area shown in Figure 6 is
approximately 0.54 acres in size and the fence is estimated to cost $11,000.
The initial budget for dog park fencing has been spent. A funding source will need to be identified for
any future work.
Once we have direction from Council, DPW will work with staff in the Planning and Zoning office to
ensure that all required permits are in place so that work can move forward. We will also coordinate
with the fence contractor to schedule work as soon as possible. It is our hope that modifications to
the fence can be scheduled so that the dog park is open to the public before November 2022.
However, this will depend on the contractor’s availability.
Thank you for the opportunity to respond to comment. We look forward to moving this project forward
and providing this much needed resource to South Burlington residents.
P:\2020\20013 So Burl Dog Park\dwg\20013-01A Site Plan.dwg 1/4/2022 15:41:38 1 : 1FIGURE 1
P:\2020\20013 So Burl Dog Park\dwg\20013-02 Details.dwg 1/4/2022 16:08:32 1 : 1FIGURE 1
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MIDDLEBURY FENCE COMPANY 1341 ETHAN ALLEN HIGHWAY
NEW HAVEN, VERMONT 05472 (802) 388-2225
Page 1PROPOSAL/CONTRACT
/2022
Customer Information:
South Burlington Dept. Public Works
Adam Cate
104 Landfill Rd
South Burlington, VT 05403
--
Notes:
This proposal is for the Relocation of
approximately 30LF of an existing fence.
this includes the materials and labor for
completion.
- Existing posts, wire, gate and rails are
to be reused once removed.
MIDDLEBURY FENCE COMPANY agrees to guarantee job and adjustments for labor will be charged or
above fence to be free from defects in materials credited at the currently established rates. Ledge
and workmanship for three years. or rock drilling will be charged at $120 per hole.
MIDDLEBURY FENCE COMPANY shall advise the Additional charges for any extra work not covered
customer as to local zoning regulations but in this contract requested by the customer to be
responsibility for complying with said regulations charged at established rates. The full amount of
and obtaining any required permits shall rest with this contract along with any additional charges
the customer. MIDDLEBURY FENCE COMPANY will assist will become payable upon completion of all work
the customer, upon request, in determining where whether or not it has been invoiced.
the fence is to be erected, but under no A finance charge of 1 1/2% per month (or a
circumstance does MIDDLEBURY FENCE COMPANY assume minimum of $1.00), which is an annual percentage
any responsibility concerning property lines or in rate of 18%, shall be applied to accounts that are
any way guarantee their accuracy. If property pins not paid within 10 days after completion of any
cannot be located it is recommended that the work invoiced. All materials will remain the
customer have the property surveyed. property of MIDDLEBURY FENCE COMPANY until all
MIDDLEBURY FENCE COMPANY will assume the invoices pertaining to this job are paid in full.
responsibility for having underground public The customer agrees to pay all interest and any
utilities located and marked. However, MIDDLEBURY costs incurred in the collection of this debt.
FENCE COMPANY assumes no responsibility for
unmarked sprinkler lines, or any other unmarked
buried lines or objects. The customer will assume
all liability for any damage caused by directing
MIDDLEBURY FENCE COMPANY to dig in the immediate
vicinity of known utilities.
Partial billing for materials delivered to the
job site and work completed may be sent at weekly
intervals. Adjustments for material used on this Approved & Accepted for Customer:
Contract Amount: 1278.36$Customer Date
Down Payment: $Accepted for MIDDLEBURY FENCE COMPANY:
Balance Due: 1278.36$
Salesperson Date
Job Information:
Swift St. Dog Park
'SPOUFOUSBODF
1715-1797 Swift St,
South Burlington, VT 05403
FIGURE 3
MIDDLEBURY FENCE COMPANY
1341 ETHAN ALLEN HIGHWAY
NEW HAVEN, VERMONT 05472
(802) 388-2225
South Burlington Dog park GSPOUFOUSBODF.JW2 /2022
JOB SKETCH
BILL TO:
South Burlington Dept. Public Works
Adam Cate Ph:802-658-7961
104 Landfill Rd
South Burlington, VT 05403
SHIP TO:
Swift St. Dog Park
'SPOU&OUSBODF
1715-1797 Swift St,
South Burlington, VT 05403
Relocation GSPOUFOUSBODF
FIGURE 3
MIDDLEBURY FENCE COMPANY 1341 ETHAN ALLEN HIGHWAY
NEW HAVEN, VERMONT 05472 (802) 388-2225
Page 1PROPOSAL/CONTRACT
/2022
Customer Information:
South Burlington Dept. Public Works
Adam Cate
104 Landfill Rd
South Burlington, VT 05403
Job Information:
Swift St. Dog Park
0QUJPO
1715-1797 Swift St,
South Burlington, VT 05403
--
Notes:
This proposal is for the Relocation of
approximately 210LF and addition of 160LF
to an existing Fence. this includes the
materials and labor for completion.
- Existing posts, wire and rails are to be
reused once removed.
- Additional fencing is to be installed
with existing to expand fenced in area.
-"EEJUJPOBMGFODJOHJTUPNBUDIFYJTUJOH
MIDDLEBURY FENCE COMPANY agrees to guarantee job and adjustments for labor will be charged or
above fence to be free from defects in materials credited at the currently established rates. Ledge
and workmanship for three years. or rock drilling will be charged at $120 per hole.
MIDDLEBURY FENCE COMPANY shall advise the Additional charges for any extra work not covered
customer as to local zoning regulations but in this contract requested by the customer to be
responsibility for complying with said regulations charged at established rates. The full amount of
and obtaining any required permits shall rest with this contract along with any additional charges
the customer. MIDDLEBURY FENCE COMPANY will assist will become payable upon completion of all work
the customer, upon request, in determining where whether or not it has been invoiced.
the fence is to be erected, but under no A finance charge of 1 1/2% per month (or a
circumstance does MIDDLEBURY FENCE COMPANY assume minimum of $1.00), which is an annual percentage
any responsibility concerning property lines or in rate of 18%, shall be applied to accounts that are
any way guarantee their accuracy. If property pins not paid within 10 days after completion of any
cannot be located it is recommended that the work invoiced. All materials will remain the
customer have the property surveyed. property of MIDDLEBURY FENCE COMPANY until all
MIDDLEBURY FENCE COMPANY will assume the invoices pertaining to this job are paid in full.
responsibility for having underground public The customer agrees to pay all interest and any
utilities located and marked. However, MIDDLEBURY costs incurred in the collection of this debt.
FENCE COMPANY assumes no responsibility for
unmarked sprinkler lines, or any other unmarked
buried lines or objects. The customer will assume
all liability for any damage caused by directing
MIDDLEBURY FENCE COMPANY to dig in the immediate
vicinity of known utilities.
Partial billing for materials delivered to the
job site and work completed may be sent at weekly
intervals. Adjustments for material used on this Approved & Accepted for Customer:
Contract Amount: 6600.00$Customer Date
Down Payment: $Accepted for MIDDLEBURY FENCE COMPANY:
Balance Due: 6600.00$
Salesperson Date
FIGURE 4
'&/$&-0$"5*0/4"/%4*;*/("3&"11309*."5&FIGURE 4
MIDDLEBURY FENCE COMPANY 1341 ETHAN ALLEN HIGHWAY
NEW HAVEN, VERMONT 05472 (802) 388-2225
Page 1PROPOSAL/CONTRACT
/2022
Customer Information:
South Burlington Dept. Public Works
Adam Cate
104 Landfill Rd
South Burlington, VT 05403
Job Information:
Swift St. Dog Park
0QUJPO
1715-1797 Swift St,
South Burlington, VT 05403
--
Notes:
This proposal is for the Relocation of
approximately 100LF and addition of 50LF
to an existing Fence. this includes the
materials and labor for completion.
- Existing posts, wire and rails are to be
reused once removed.
- Additional fencing is to be installed
with existing to expand fenced in area.
-"EEJUJPOBM'FODJOHJTUPNBUDIFYJTUJOH
MIDDLEBURY FENCE COMPANY agrees to guarantee job and adjustments for labor will be charged or
above fence to be free from defects in materials credited at the currently established rates. Ledge
and workmanship for three years. or rock drilling will be charged at $120 per hole.
MIDDLEBURY FENCE COMPANY shall advise the Additional charges for any extra work not covered
customer as to local zoning regulations but in this contract requested by the customer to be
responsibility for complying with said regulations charged at established rates. The full amount of
and obtaining any required permits shall rest with this contract along with any additional charges
the customer. MIDDLEBURY FENCE COMPANY will assist will become payable upon completion of all work
the customer, upon request, in determining where whether or not it has been invoiced.
the fence is to be erected, but under no A finance charge of 1 1/2% per month (or a
circumstance does MIDDLEBURY FENCE COMPANY assume minimum of $1.00), which is an annual percentage
any responsibility concerning property lines or in rate of 18%, shall be applied to accounts that are
any way guarantee their accuracy. If property pins not paid within 10 days after completion of any
cannot be located it is recommended that the work invoiced. All materials will remain the
customer have the property surveyed. property of MIDDLEBURY FENCE COMPANY until all
MIDDLEBURY FENCE COMPANY will assume the invoices pertaining to this job are paid in full.
responsibility for having underground public The customer agrees to pay all interest and any
utilities located and marked. However, MIDDLEBURY costs incurred in the collection of this debt.
FENCE COMPANY assumes no responsibility for
unmarked sprinkler lines, or any other unmarked
buried lines or objects. The customer will assume
all liability for any damage caused by directing
MIDDLEBURY FENCE COMPANY to dig in the immediate
vicinity of known utilities.
Partial billing for materials delivered to the
job site and work completed may be sent at weekly
intervals. Adjustments for material used on this Approved & Accepted for Customer:
Contract Amount: 4400.00$Customer Date
Down Payment: $Accepted for MIDDLEBURY FENCE COMPANY:
Balance Due: 4400.00$
Salesperson Date
FIGURE 5
'&/$&-0$"5*0/4"/%4*;*/("3&"11309*."5&FIGURE 5
.*%%-?:'&/$&$0.1"/: &5)"/"--&/)*()8":
/&8)"7&/
7&3.0/5
Page 1130104"-$0/53"$5
/2022
$VTUPNFS*OGPSNBUJPO
South Burlington Dept. Public Works
Adam Cate
104 Landfill Rd
South Burlington, VT 05403
--
/PUFT
This proposal is for the Relocation of
approximately 20LF and addition of
0LF to an existing Fence. this includes
the materials and labor for completion.
- Existing posts, wire and rails are to be
reused once removed.
- Additional fencing is to be installed
with existing to expand fenced in area.
- Additional Fencing is to match existing
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.*%%-?: DPTUTJODVSSFEJOUIFDPMMFDUJPOPGUIJTEFCU'&/$&$0.1"/:BTTVNFTOPSFTQPOTJCJMJUZGPSVONBSLFETQSJOLMFSMJOFT
PSBOZPUIFSVONBSLFECVSJFEMJOFTPSPCKFDUT5IFDVTUPNFSXJMMBTTVNFBMMMJBCJMJUZGPSBOZEBNBHFDBVTFECZEJSFDUJOH.*%%-?:'&/$&$0.1"/:UPEJHJOUIFJNNFEJBUFWJDJOJUZPGLOPXOVUJMJUJFT1BSUJBMCJMMJOHGPSNBUFSJBMTEFMJWFSFEUPUIFKPCTJUFBOEXPSLDPNQMFUFENBZCFTFOUBUXFFLMZJOUFSWBMT"EKVTUNFOUTGPSNBUFSJBMVTFEPOUIJT "QQSPWFE"DDFQUFEGPS$VTUPNFS
$POUSBDU"NPVOU Customer Date
%PXO1BZNFOU "DDFQUFEGPS.*%%-?:'&/$&$0.1"/:
#BMBODF%VF
Salesperson Date
+PC*OGPSNBUJPO
Swift St. Dog Park
0QUJPO
1715-1797 Swift St,
South Burlington, VT 05403
FIGURE 6
'&/$&-0$"5*0/4"/%4*;*/("3&"11309*."5&FIGURE 6
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Andrew Bolduc, Deputy City Manager
Martha Machar, Finance Officer
Date: September 1, 2022
Re: FY24 Budget Process
While we are only two months into the fiscal year, Fall brings with it budget season! The
Leadership Team has started to plan for the FY24 budget process and tonight we request your
approval of the FY24 Budget Schedule.
FY24 budget schedule is following the budget process implemented last year as outlined below.
• Capital Improvement Plan (CIP) with Budget: Budgets and capital improvement plan will be
reviewed together again this year. Doing this allows us to better tie together capital
investments we are making with the resources necessary to staff and maintain these assets.
Additionally, this enables us to make one set of budgetary decisions with a full
understanding of how these decisions impact one another.
• Budget Presentations: We recommend three nights of budget presentations grouped by
service area. This will allow us intentionality in telling the story of the budget to both the
Council and community, raising emerging issues for future consideration, and answering
specific questions the Council and community may have.
• Council Budget Discussion: The Council will have an opportunity to discuss overall budget on
the last night of the presentations and recommend any changes they may have prior to
public hearing.
o Part 1:
▪ General Government: Administration, Clerk, Facilities, Finance, Tax/Assessing,
Information Technology, Legal, and Planning & Zoning, Physical Plant
▪ Culture and Recreation: Library and Recreation & Parks
o Part 2:
▪ Public Services: Streets & Highways, Stormwater, Waste Water, Water
▪ Community Development: TIF, Open Space, Penny for Paths
o Part 3:
▪ Public Safety: Fire & Ambulance and Police & Dispatch
▪ Council discussion of overall budget
Please review the FY24 budget schedule and let us know whether you have any questions or
concerns prior to a holding a motion whether to approve the FY 24 Budget Schedule.
FY24 BUDGET SCHEDULE
*Denotes regular City Council meeting dates
August 3
Department managers budget process presentation
September 2 CIP Forms provided to Department Heads - SharePoint
September 6*
September 9
September 19*
September 21
Council review and approval of FY24 Budget Schedule
Budget Forms provided to Department Heads - SharePoint
Council FY22 close-out and FY24 goal setting discussion
Discuss Council goals with Leadership Team
October 7 First Draft of FY24 Budget and CIP forms due from Department Managers to
Finance Team
October 24-28 Department Heads meet with Finance Team to discuss their department’s proposed
budget
November 9 Management review of Draft Budget with Leadership Team
November 23 Management final review of draft FY24 Budget with Leadership Team (as needed)
December 2 Proposed CIP and Draft FY24 Budget sent to Council
December 5* Departmental CIP, General Fund/Special Funds budget presentation to Council
(Part 1)
General Government
-Administration
-Clerk
-Facilities
-Finance
-Tax/Assessing
-Information Technology
-Legal
-Planning & Zoning
-Physical Plant
Culture and Recreation
-Library
-Recreation & Parks
December 19* Departmental CIP, General Fund/Special Funds budget presentation to Council
(Part 2)
Public Services
-Streets & Highways
-Stormwater
-Waste Water
-Water
Community Development
-Energy Projects
-TIF
-Open Space
-Penny for Paths
January 3* Departmental CIP, General Fund/Special Funds budget presentation to Council
(Part 3)
Public Safety
-Fire & Ambulance
-Police & Dispatch
Council discussion of overall budget prior to warning Public Hearing January 17* FY24 Proposed Budget Public Hearing & Potential Council Budget approval and
Amendment of CIP. Council budget sent to steering committee (min. 45 days
before vote-last day to steering committee Jan. 20)
January 18-26
Special Meeting
Steering Committee Meeting (date TBD, post in paper 7 days in advance)
January 20-31 Budget book preparation & printing
Budget available to voters (min 20 days before Town Meeting Day)
January 26 or
Feb 2
Post & Publish Warnings and Public Hearing Notices (min. 30 days, max 40 days)
for March 6 Pre-Town Mtg. & Public Hearing and March 6 Town Meeting Vote
Budget booklets available & posted on websites
March 6 Pre-Town Meeting & Public Hearing on City & School District proposed Budgets
March 7 Annual city meeting vote
August 30, 2022
To all Vermont League of Cities and Towns, PACIF, and VERB members:
As part of Town Fair, the Vermont League of Cities and Towns (VLCT), VLCT Property and
Casualty Intermunicipal Fund, Inc. (PACIF), and VLCT Employment Resource and Benefits
Trust, Inc. (VERB, dba “Unemployment Insurance Program”) will hold their annual business
meetings on Thursday, October 6, at 1 PM. The meetings will be held in person at the
Killington Grand Resort Hotel at 228 East Mountain Road in Killington, Vermont. The
three annual meetings will be held consecutively: VERB will begin the meeting at 1:00 PM,
the PACIF meeting will follow, and VLCT’s Annual Meeting is expected to convene around
2:00 PM. To access the meeting agenda as well as the draft minutes from last year’s
meetings, the VLCT Annual Meeting Governing Rules, and more materials as they become
available, visit vlct.org/2022AnnualMeeting.
Every VLCT, PACIF, and VERB member that wants to vote at the Annual Meetings must
designate voting delegate(s) by Friday, September 16. To ensure that all three
organizations’ members are properly represented and able to participate in the election of
officers and any other item that may properly come before the membership, we are asking
that your legislative body designate one official as the Voting Delegate for each VLCT
organization that your municipal entity is a member of. You may delegate different people
for each VLCT organization or a single person as the delegate for two or all three of the
meetings. Keep in mind that only cities and towns are voting members of VLCT, while other
municipal entities may participate in the PACIF and VERB meetings.
Designate your Voting Delegate(s) using the Town Fair registration site,
www.vlct.org/townfair. Simply click Register, enter the delegate’s information, and, when
prompted, specify whether the person is the delegate for VLCT, PACIF, VERB, or a
combination. Then proceed to selecting the ticket for the delegate (and tickets for any
additional non-delegate attendees).
Please consider nominating a deserving local official for one of VLCT's three awards. And
while we do not anticipate immediate vacancies on any of the three Boards of Directors, if
you are interested in either serving on or nominating a qualified person to serve on one of
them, we welcome having lists of appropriate candidates on hand. You will find information
and links to all of these nomination forms at vlct.org/2022AnnualMeetings until September
17, 2022.
This year’s Town Fair takes place over two full days. Along with the Annual Meetings,
Thursday’s schedule includes breakfast with topic-specific roundtables, training sessions,
and lunch. All attendees are encouraged to join the evening reception which includes
dinner, awards, and an opportunity for laughter and fun through a comedy show hosted by
municipal members. Friday continues with expanded educational sessions, the Exhibit Hall
full of vendors, lunch, recreation time, and the annual meeting of Women Leading
Government. We encourage all delegates and other attendees to take advantage of the
exceptional networking and learning opportunities throughout the entire event.
With the continued presence of COVID-19, we encourage participants to take precautions
to help us assemble safely, including being fully vaccinated and wearing a mask if they
choose. Please do not attend if you feel unwell or have any symptoms of sickness.
Should the State of Vermont or the CDC make changes to their COVID-related guidance,
VLCT will notify attendees of any protocol changes.
Thank you for your membership in VLCT and its two risk-sharing trusts. We look forward to
seeing you at the annual meetings!
Jessie Baker
President
Carl Rogers
President
William Shepeluk
President
VLCT Board of Directors Property and Casualty
Intermunicipal Fund, Inc.
VLCT Employment Resource
and Benefits Trust, Inc.