HomeMy WebLinkAboutAgenda - City Council - 03/20/2023AGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting03-20-2023 You can also dial in using your phone. 1 (224) 501-3412 Access Code: 645-781-045
Regular Session 6:30 P.M. Monday March 20, 2023
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.*** Approve the Subgrant Agreement between the City of South Burlington and
Champlain Housing Trust, awarding $300,000 of ARPA dollars to be used to fund therenovation and conversion of the former Ho Hum MotelC.*** Adopt the Local Emergency Management PlanD.*** Approve a Resolution in support of utility box art on Shelburne Road andHinesburg RoadE.*** Receive the February 2023 Financials
F.*** Approve the updated Purchasing Policy
7.***Approve a Resolution Declaring April 2023 Fair Housing Month – Affordable HousingCommittee (7:00 – 7:15 PM)
8.*** Approve a Resolution outlining the Council’s position on the Omnibus Housing Bill before
the Legislature – Council request (7:15 – 7:35 PM)
9.*** Interview applicants to the Planning Commission and consider making an appointment –Jessie Baker, City Manager (7:35 – 7:55 PM)
10. *** Interview applicants to the Development Review Board and consider making an
appointment – Jessie Baker, City Manager (7:55 – 8:15 PM) 11. *** Warned for 7:30 PM: Public Hearing and second reading of Land Development
Regulations #LDR-22-09 – a series of minor amendments to the Environmental Protection Standards – Paul Conner, Planning & Zoning Director (8:15 – 8:35 PM) 12. Possible action on Land Development Regulations #LDR-22-09 – a series of minor amendments to the Environmental Protection Standards – Paul Conner, Planning & Zoning Director (8:35 – 8:45PM) 13. *** Orientation to Council Service and Municipal Operations – Jessie Baker, City Manager (8:45 – 9:15 PM) 14. *** Adopt the City Council Rules of Procedure – Jessie Baker, City Manager (9:15 – 9:25 PM) 15. *** Adopt the Conflict of Interest and Ethics Policy for elected and Appointed Officials –
Jessie Baker, City Manager (9:25 – 9:35 PM) 16. *** Receive a request from the School Board on traffic safety around schools, receive
information from City staff, and possibly take action – Jessie Baker, City Manager and Tom DiPietro, Public Works Director (9:35 – 9:55 PM)
17. *** Consider supporting an application to the Department of Energy for funding to develop a State-wide plan to get to a residential energy code enforcement system – Resident Request (9:55 – 10:05 PM) 18. *** Convene as the South Burlington Liquor Control Commission to consider the following: Bliss Bee, First Class Restaurant/Bar and Outside consumption permit; Champlain Farms (1118 Williston Rd), Second Class License; Champlain Farms (1800 Williston Rd), Second Class License; Champlain Farms (801 Williston Rd), Second Class License; CVS, Second Class License; Gonzo’s Indoor Golf, First Class & Third Class Restaurant/Bar License; Gracey’s Liquor Store, Second Class License; Gracey’s Store & Deli, Second Class License; Green Mountain Suites Hotel, First Class Restaurant/Bar License and Outside
Consumption Permit; Guild Tavern, First Class & Third Class Restaurant/Bar License; Hana Japanese First Class & Third Class Restaurant/Bar License; Hannafords (935 Shelburne Rd), Second Class License; Hannafords (Dorset St), Second Class License; Homewood
Suites, First Class Restaurant/Bar, Second class license and Outside Consumption Permit; Interstate Shell, Second Class License; Jolley#146 (1110 Shelburne Rd), Second Class License; Jolley#104 (1830 Shelburne Rd), Second Class License; Jolley#105 (1314
Williston Rd), Second Class License; Jolley#107 (977 Shelburne Rd), Second Class License; Kinney Drugs, Second Class License; Maplefield’s (811 Williston Rd), Second Class License; Maplefield’s at the airport (1801 Williston Rd), Second Class License; Old Post, LLC (The), First Class & Third Class Restaurant/Bar License and Outside Consumption Permit(s); Olive Garden, First Class & Third Class Restaurant/Bar License; Pour House, First Class & Third Class Restaurant/Bar License and Outside Consumption permit; Price Chopper, Second Class License; Pulcinella’s LLC, First Class & Third Class Restaurant/Bar License; Red Barn Market & Deli, Second Class License; Shaw’s, Second Class License; Shelburne Rd Variety, Second Class License; Simon’s Store & Deli (Shelburne Road), Second Class License; Skinny Pancake at the Airport, First Class & Third Class Restaurant/Bar License; SugarSnap, First Class & Third Class Commercial Caterer;
Vermont Pool and Bar, First Class & Third Class Restaurant/Bar License and Outside Consumption Permit; Weird Window Brewing, First Class Restaurant/Bar License and Outside Consumption Permit; Windjammer, First Class & Third Class Restaurant/Bar
License and Outside Consumption Permit - (10:05 – 10:15 PM)
19. Consider entering executive session for the purposes of discussing appointments to the Planning Commission and Development Review Board 20. Other Business
21. Adjourn Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
03/16/2023 City of South Burlington Accounts Payable Page 1 of 1
11:00 am Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 1(GENERAL FUND) From 03/20/2023 To 03/20/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
------------------------------------------------------------------------------------------------------------------------------------
BURLWAT BURLINGTON WATER RESOURCES 02.27.2023 ACCT#50012800-00 - SEWER 190.28 0.00 --------.-- -------- --/--/--
BURLWAT BURLINGTON WATER RESOURCES 02.27.2023-2 ACCT#50012600-00 - SEWER 75.05 0.00 --------.-- -------- --/--/--
BURLWAT BURLINGTON WATER RESOURCES 02.27.2023-3 ACCT#50012700-00 - SEWER 167.64 0.00 --------.-- -------- --/--/--
CBA CBA BLUE 03.09.2023 HEALTH INS. #5243410222 9291.38 0.00 --------.-- -------- --/--/--
MHQ MHQ MUNICIPAL VEHICLES PCCFORD23-26 FORD INTERCEPTOR 51004.84 0.00 --------.-- -------- --/--/--
PRICE PRICE, LOIS 03.22.2023 LECTURE SERIES 3 100.00 0.00 --------.-- -------- --/--/--
VMERS VMERS DB MEMBER ADJ MEMBER COST-RETROACTIVE 67214.86 0.00 --------.-- -------- --/--/--
----------- ----------- -----------
Report Total 128,044.05 0.00 0.00
=========== =========== ===========
SOUTH BURLINGTON CITY COUNCIL
To the Treasurer of CITY OF SOUTH BURLINGTON, We Hereby certify
that there is due to the several persons whose names are
listed hereon the sum against each name and that there
are good and sufficient vouchers supporting the payments
aggregating $ ***128,044.05 __________________________________
Let this be your order for the payments of these amounts. Meaghan Emery
__________________________________
Tim Barritt
__________________________________
Helen Riehle
__________________________________
Andrew Chalnick
__________________________________
Tyler Barnes
03/16/2023 City of South Burlington Accounts Payable Page 1 of 6
11:08 am Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 3(GENERAL FUND) From 03/20/2023 To 03/20/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
------------------------------------------------------------------------------------------------------------------------------------
A.C A. COOPER MECHANICAL, INC. 22512 PUMP PARTS 2193.44 0.00 --------.-- -------- --/--/--
ADVANCEP ADVANCE AUTO PARTS 266306560722 BRAKE PARTS 298.97 0.00 --------.-- -------- --/--/--
ALDRICH ALDRICH + ELLIOTT, PC 81184 RATE STUDY 1088.14 0.00 --------.-- -------- --/--/--
ALDRICH ALDRICH + ELLIOTT, PC 81151 LOGWOOD GRAVEL WETLAND 6510.00 0.00 --------.-- -------- --/--/--
ALDRICH ALDRICH + ELLIOTT, PC 81141 RED ROCKS PROJECT 1056.67 0.00 --------.-- -------- --/--/--
ALLEGJER ALLEGIANCE TRUCKS JERICHO R122002035.1 LADDER TRUCK REPAIRS 1691.25 0.00 --------.-- -------- --/--/--
ALLIANCE ALLIANCE MECHANICAL INC. 062976 HVAC - BARTLETT BAY 1220.50 0.00 --------.-- -------- --/--/--
ALLIANCE ALLIANCE MECHANICAL INC. 063362 HVAC - BARTLETT BAY 340.00 0.00 --------.-- -------- --/--/--
ALLIANCE ALLIANCE MECHANICAL INC. M221904 HVAC - BARTLETT BAY 726.00 0.00 --------.-- -------- --/--/--
ALLIANCE ALLIANCE MECHANICAL INC. M221519 HVAC - AIRPORT PKWY 4765.00 0.00 --------.-- -------- --/--/--
ALLIANCE ALLIANCE MECHANICAL INC. 062947 HVAC - BARTLETT BAY 1522.06 0.00 --------.-- -------- --/--/--
ALLIANCE ALLIANCE MECHANICAL INC. 062865 HVAC - AIRPORT PKWY 511.00 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1W3N67HGF9G7 DVDS 35.98 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1XCDT1DNX6XM PROGRAM SUPPLIES 45.98 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 136DCXRYLHJ3 DVD 13.59 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1PT7MFDKF6HD DVD 17.95 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1N4WDTK1DWMC DVD 12.96 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1CDR4T941HC3 BATTERIES 61.05 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1QVP49J61WR4 PROGRAM SUPPLIES 26.99 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1RNKN1CJ1M1N DVD 10.99 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1WL7VP1V1KWF DVD'S 56.94 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1HGPNC6QLNW6 DVD'S 29.92 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1T4JVMHVCVVM DVD 17.96 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1HK93RPYRN9M OFFICE SUPPLIES 28.45 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1TGFYNXP93GT OFFICE SUPPLIES 29.17 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 19JXFKN1DPNY DVD'S 35.92 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 16PYQMV933MC OFFICE SUPPLIES 44.52 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 131DFPVQXWVJ CABLE 22.66 0.00 --------.-- -------- --/--/--
ARBORWEAR ARBORWEAR LLC SI-1128616 CLOTHING 557.17 0.00 --------.-- -------- --/--/--
BAILEY BAILEY SPRING & CHASSIS S 32702 SPRINGS 864.22 0.00 --------.-- -------- --/--/--
BANBURY BANBURY, LORRAINE SBVT-03 LDR FORMATTING 1237.50 0.00 --------.-- -------- --/--/--
BCN TELE BCN TELECOM INC 23490887 CH TELEPHONES 1398.56 0.00 --------.-- -------- --/--/--
ACCT #BOC02821
BENS BEN'S UNIFORMS, INC. 107789 BADGES 1764.10 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850087/3 BUILDING MAINTENANCE 23.27 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 849817/3 STATION SUPPLIES 6.51 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 849942/3 LIGHT SUPPLIES 2.76 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850032/3 LED BULBS 22.77 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 849737/3 SHOP SUPPLIES 84.32 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 849755/3 SNOW BRUSHES 45.98 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 849786/3 FUSE 3.63 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850051/3 TRAFFIC SIGNAL PARTS 22.84 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850113/3 FASTENERS 10.22 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 849400/3 BUILDING SUPPLIES 9.49 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850189/3 BUILDING FITUP PARTS 19.93 0.00 --------.-- -------- --/--/--
BROMBERG BROMBERG, NANCY 03.07.2023 ELECTION WORKER 56.02 0.00 --------.-- -------- --/--/--
BURLTEL BURLINGTON TELECOM 03.01.2023 INTERNET BACKUP: 10326A 277.20 0.00 --------.-- -------- --/--/--
ACCT #0196034768
BURTC BURT, CHRISTINE 03.07.2023 ELECTION WORKER 82.38 0.00 --------.-- -------- --/--/--
CANONSOL CANON SOLUTIONS AMERICA INC 6003530698 CLERK COPIES 30.18 0.00 --------.-- -------- --/--/--
ACCT #2319912
03/16/23 City of South Burlington Accounts Payable Page 2
11:08 am Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 3(GENERAL FUND) From 03/20/2023 To 03/20/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
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CARGIL CARGILL INC - SALT DIVISION 2908038831 DEICER SALT 4763.54 0.00 --------.-- -------- --/--/--
CARGIL CARGILL INC - SALT DIVISION 2908044435 DEICER SALT 7477.70 0.00 --------.-- -------- --/--/--
CARGIL CARGILL INC - SALT DIVISION 2908052731 DEICER SALT 5574.52 0.00 --------.-- -------- --/--/--
CDW CDW GOVERNMENT, INC HC53972 SERVER LICENSES 2624.32 0.00 --------.-- -------- --/--/--
CDW CDW GOVERNMENT, INC HF70772 PD NETWORK EQUIPMENT 6278.94 0.00 --------.-- -------- --/--/--
CHAMPLIN CHAMPLIN ASSOCIATES, INC. VSRI-1016 PUMP PARTS 2341.88 0.00 --------.-- -------- --/--/--
CHAMWA CHAMPLAIN WATER DISTRICT 2023 ANTEN ANTENNAE TOWER FEE 4600.00 0.00 --------.-- -------- --/--/--
INV. #10-10-+000-4068A
CHARLE CHARLEBOIS INC RC80855 LADDER TRUCK REPAIRS 1662.90 0.00 --------.-- -------- --/--/--
CHARLE CHARLEBOIS INC 03.08.2023 WQ TANKER TRUCK 135122.00 0.00 --------.-- -------- --/--/--
CHIASSON CHIASSON, LINDA 03.07.2023 ELECTION WORKER 79.08 0.00 --------.-- -------- --/--/--
CLEAN WAT CLEAN WATERS, INC. 12794 POLYMER 31934.35 0.00 --------.-- -------- --/--/--
COMCAST COMCAST 0308-0407F23 EMERGENCY CTR @ LANDFILL 80.80 0.00 --------.-- -------- --/--/--
ACCT #8773 50 023 0130731
COMCAST COMCAST 0303-0402A23 1015 AIRPORT PKWY 158.25 0.00 --------.-- -------- --/--/--
ACCT #8773 50 023 0300763
COMCAST COMCAST 0220-0319P23 19 GREGORY DR INTERNET 204.85 0.00 --------.-- -------- --/--/--
ACCT #8773 50 023 0188044
CONSOLID CONSOLIDATED ELECTRICAL DISTRI 8124-1115222 PLANT SUPPLIES 89.81 0.00 --------.-- -------- --/--/--
CONSOLID CONSOLIDATED ELECTRICAL DISTRI 8124-1115682 PLANT SUPPLIES 186.30 0.00 --------.-- -------- --/--/--
CONSOLIDA CONSOLIDATED COMMUNICATIONS IN 5-7177MAR23 EPAK II DORSET ST- POTTS 129.86 0.00 --------.-- -------- --/--/--
ACCT #122 715 7177 67
CRYSTAL CRYSTAL ROCK LLC 02.28.2023FD BOTTLED WATER 33.80 0.00 --------.-- -------- --/--/--
ACCT #771968617713675
CRYSTAL CRYSTAL ROCK LLC 02.28.23 WQ LAB WATER 56.70 0.00 --------.-- -------- --/--/--
D MFIR D & M FIRE & SAFETY EQUIPMENT 49115 ANNUAL INSPECTION 2745.00 0.00 --------.-- -------- --/--/--
D MFIR D & M FIRE & SAFETY EQUIPMENT 49118 ANNUAL INSPECTION 81.00 0.00 --------.-- -------- --/--/--
DAUMW DAUM, WES 03.07.2023 ELECTION WORKER 82.38 0.00 --------.-- -------- --/--/--
DAUMW DAUM, WES 03.03.2023 ELECTION WORKER 13.18 0.00 --------.-- -------- --/--/--
DELARICH DELARICHELIERE, LINDA L 03.07.2023 ELECTION WORKER 164.75 0.00 --------.-- -------- --/--/--
DELARICH DELARICHELIERE, LINDA L 03.03.2023 ELECTION WORKER 13.18 0.00 --------.-- -------- --/--/--
DOPP DOPP, SARAH 03.07.2023 ELECTION WORKER 85.67 0.00 --------.-- -------- --/--/--
DUTILJA DUTIL, JAMES 03.07.2023 REFUND - OVERPAID TAXES 690.40 0.00 --------.-- -------- --/--/--
EMPIRE EMPIRE JANITORIAL SUPPLY CO. 213962-1 CLEANING SUPPLIES 175.48 0.00 --------.-- -------- --/--/--
ENDYNE ENDYNE INC 439169 LAB TESTING 115.00 0.00 --------.-- -------- --/--/--
ENDYNE ENDYNE INC 439170 LAB TESTING 541.80 0.00 --------.-- -------- --/--/--
ENDYNE ENDYNE INC 439171 LAB TESTING 125.00 0.00 --------.-- -------- --/--/--
ENDYNE ENDYNE INC 439172 LAB TESTING 75.00 0.00 --------.-- -------- --/--/--
ENDYNE ENDYNE INC 439173 LAB TESTING 115.00 0.00 --------.-- -------- --/--/--
EYE EYE MED VISION CARE 165674296 FEB GROUP #9805094/1001 1124.16 0.00 --------.-- -------- --/--/--
FASTEN FASTENAL COMPANY VTBUR317875 VALVES 354.64 0.00 --------.-- -------- --/--/--
FBI-LEEDA FBI-LEEDA 59507526-23 BURKE DUES - 2023 50.00 0.00 --------.-- -------- --/--/--
FINAL FINAL CONNECTION, LLC 374006 WIRING 385.90 0.00 --------.-- -------- --/--/--
FINAL FINAL CONNECTION, LLC 374007 CONSULTING SERVICES 480.00 0.00 --------.-- -------- --/--/--
FISHER FISHER SCIENTIFIC COMPANY 0656311 LAB SUPPLIES 84.32 0.00 --------.-- -------- --/--/--
FITZGERLE FITZGERALD ENVIRONMENTAL ASSOC 22004-12 POTASH MONITORING 1981.71 0.00 --------.-- -------- --/--/--
FREEMAN FREEMAN, CYNDI 03.07.2023 ELECTION WORKER 85.67 0.00 --------.-- -------- --/--/--
FUSS FUSS & O'NEILL INC 0248733 PED IMPROVE STP BP17 11278.80 0.00 --------.-- -------- --/--/--
FUSS FUSS & O'NEILL INC 0248486 CYCLE TRACK & PED IMPROV 6527.41 0.00 --------.-- -------- --/--/--
FUZZ FUZZBUZZ TECHNOLOGIES, INC. F2300332 A/V 180 MARKET ST 1635.00 0.00 --------.-- -------- --/--/--
03/16/23 City of South Burlington Accounts Payable Page 3
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Unpaid Invoices For Check Acct 3(GENERAL FUND) From 03/20/2023 To 03/20/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
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GIROUX GIROUX BODY SHOP INC. 127062 METAL 29.35 0.00 --------.-- -------- --/--/--
GLOBALM GLOBAL MONTELLO GROUP 297289 GAS & OIL 4997.64 0.00 --------.-- -------- --/--/--
GPI GREENMAN-PEDERSEN, INC. 0358543 STP SIGNALS 6203.38 0.00 --------.-- -------- --/--/--
GRAIN GRAINGER INC 9609473161 TIRE SEALANT 13.28 0.00 --------.-- -------- --/--/--
GRAIN GRAINGER INC 9615862514 OFFICE SUPPLIES 11.80 0.00 --------.-- -------- --/--/--
GRAIN GRAINGER INC 9617196812 PLANT SUPPLY 16.74 0.00 --------.-- -------- --/--/--
GRAIN GRAINGER INC 9623577872 GREASE GUN 63.83 0.00 --------.-- -------- --/--/--
GREEPW GREEN MOUNTAIN POWER CORPORATI 350046FEB23 180 MARKET ST 8674.88 0.00 --------.-- -------- --/--/--
ACCT #35004602740
GREEPW GREEN MOUNTAIN POWER CORPORATI 106961FEB23 REC DEPARTMENT 369.49 0.00 --------.-- -------- --/--/--
ACCT #10696100006
GREEPW GREEN MOUNTAIN POWER CORPORATI 51995MAR23 HOLMES ROAD 528.00 0.00 --------.-- -------- --/--/--
ACCT #51995000000
GREEPW GREEN MOUNTAIN POWER CORPORATI 885961FEB23 PUMP STATIONS GROUP 9413.88 0.00 --------.-- -------- --/--/--
ACCT #88596100003
GREEPW GREEN MOUNTAIN POWER CORPORATI 785961FEB23 STREETLIGHTS 12989.82 0.00 --------.-- -------- --/--/--
ACCT #78596100004
GREEPW GREEN MOUNTAIN POWER CORPORATI 074913MAR23 222 DORSET STREET 81.75 0.00 --------.-- -------- --/--/--
ACCT #07491369117
GREEPW GREEN MOUNTAIN POWER CORPORATI 27931MAR23 1100 DORSET ST. 376.18 0.00 --------.-- -------- --/--/--
ACCT #27931000007
GREEPW GREEN MOUNTAIN POWER CORPORATI 08310FEB23 WINDSWEPT LIGHTS 29.10 0.00 --------.-- -------- --/--/--
ACCT #08310000008
GREEPW GREEN MOUNTAIN POWER CORPORATI 07961MAR23 WINDSWEPT LANE PUMP 68.48 0.00 --------.-- -------- --/--/--
ACCT #07961000002
GREEPW GREEN MOUNTAIN POWER CORPORATI 22917MAR23 1 KENNEDY DR 420.05 0.00 --------.-- -------- --/--/--
ACCT #22917616488
GREEPW GREEN MOUNTAIN POWER CORPORATI 649713MAR23 1630 DORSET STREETLIGHTS 25.18 0.00 --------.-- -------- --/--/--
ACCT #64971393943
GREEPW GREEN MOUNTAIN POWER CORPORATI 958777FEB23 MARKET ST PUMP STA 149.76 0.00 --------.-- -------- --/--/--
ACCT #95877720128
GREEPW GREEN MOUNTAIN POWER CORPORATI 006961FEB23 TRAFFIC LIGHTS GROUP BIL 1901.39 0.00 --------.-- -------- --/--/--
ACCT #00696100007
GREETRANS GREEN MOUNTAIN TRANSIT AGENCY, 2023-0010-3 3RD INSTALLMENT - FY23 179487.33 0.00 --------.-- -------- --/--/--
GRIFFIND GRIFFIN, DONNA 03.07.2023 ELECTION WORKER 82.38 0.00 --------.-- -------- --/--/--
HACH HACH COMPANY 13485224 LAB SUPPLIES 158.65 0.00 --------.-- -------- --/--/--
HACH HACH COMPANY 13486534 LAB SUPPLIES 341.96 0.00 --------.-- -------- --/--/--
HAUN HAUN SPECIALTY GASES, INC X179463 OXYGEN 137.55 0.00 --------.-- -------- --/--/--
HERITAGEF HERITAGE FORD 312087 VEHICLE PARTS 67.23 0.00 --------.-- -------- --/--/--
HICKOK HICKOK & BOARDMAN INC 26963 AUTO FINAL AUDIT 2666.00 0.00 --------.-- -------- --/--/--
HINES HINESBURG SAND & GRAVEL CO., I 629895 PLANT MIX 250.04 0.00 --------.-- -------- --/--/--
HINES HINESBURG SAND & GRAVEL CO., I 629952 PLANT MIX 212.42 0.00 --------.-- -------- --/--/--
HINES HINESBURG SAND & GRAVEL CO., I JAN SC JAN. SERVICE CHARGE 16.41 0.00 --------.-- -------- --/--/--
HML HML, INC. 97930 LAB TESTING 2000.00 0.00 --------.-- -------- --/--/--
HOLLAN HOLLAND COMPANY INC 19862 PAC FOR BARTLETT BAY 5279.30 0.00 --------.-- -------- --/--/--
HOULEE HOULE, ELIZABETH 50589025 REFUND - REC. PROGRAM 115.00 0.00 --------.-- -------- --/--/--
HOWLEYB HOWLEY, BRENDA 03.07.2023 ELECTION WORKER 92.96 0.00 --------.-- -------- --/--/--
HOYLE HOYLE, TANNER & ASSOCIATES INC 0068631 3 ACRES SITES - BLOCK 2 22421.07 0.00 --------.-- -------- --/--/--
HUBBAR HUBBARD, THOMAS 03.06.2023 CONSULTING SERVICES 1132.80 0.00 --------.-- -------- --/--/--
INDEPP INDEPENDENT PIPE AND SUPPLY CO 227943 PUMP PARTS 6.94 0.00 --------.-- -------- --/--/--
03/16/23 City of South Burlington Accounts Payable Page 4
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Unpaid Invoices For Check Acct 3(GENERAL FUND) From 03/20/2023 To 03/20/2023
Purchase Discount Amount Check Check
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INGRAM INGRAM LIBRARY SERVICES 60202697 BOOKS 47.84 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60202696 BOOK 28.48 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60204757 BOOK 17.12 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 67570560 BOOKS 44.17 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60199272 BOOK 17.45 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60197622 BOOKS 138.06 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60202699 BOOKS 55.30 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60199273 BOOK 10.37 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60197785 BOOKS 211.96 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60197620 BOOKS 86.14 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 67570559 BOOKS 42.79 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60202698 BOOKS 88.49 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60195889 BOOKS 24.18 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60197621 BOOK 10.70 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60205222 BOOK 17.48 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60204754 BOOKS 687.34 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 67573526 DVD & SUPPLIES 106.82 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 67573525 DVD & SUPPLIES 53.23 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60160448 DVD & SUPPLIES 31.90 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60201570 DVDS & SUPPLIES 132.13 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60201569 DVDS & SUPPLIES 316.99 0.00 --------.-- -------- --/--/--
INTAAI INTERNATIONAL ASSOC. OF ARSON 81249 2023 MEMBERSHIP-FRANCIS 103.00 0.00 --------.-- -------- --/--/--
IROQUOIS IROQUOIS MANUFACTURING COMPANY 166073 EQUIPMENT PARTS 195.79 0.00 --------.-- -------- --/--/--
JANITECH JANITECH INC 50101 VET CENTER - MARCH 937.28 0.00 --------.-- -------- --/--/--
JANITECH JANITECH INC 50100 19 GREGORY DR- MARCH 2886.56 0.00 --------.-- -------- --/--/--
KAMCO KAMCO SUPPLY CORP OF BOSTON SI496402 PUMP STATION DOORS-CLAIM 3146.92 0.00 --------.-- -------- --/--/--
KAMCO KAMCO SUPPLY CORP OF BOSTON SI493746 CEILING REPAIR 251.17 0.00 --------.-- -------- --/--/--
KEMIRA KEMIRA WATER SOLUTIONS INC 9017784232 ALUMINUM 4819.50 0.00 --------.-- -------- --/--/--
KEMIRA KEMIRA WATER SOLUTIONS INC 9017783021 ALUMINUM 4762.80 0.00 --------.-- -------- --/--/--
KONE KONE INC 962468248 PW ELEVATOR MAINTENANCE 1061.52 0.00 --------.-- -------- --/--/--
KONICA KONICA MINOLTA PREMIER FINANCE 41844188 LIBRARY- COPIER 524.94 0.00 --------.-- -------- --/--/--
CONTRACT #900-0321706-000
L H S L H S ASSOCIATES INC 76246 ELECTION BALLOTS 2751.00 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 910378 TRUCK PARTS 81.06 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 902701X HEATERS 259.07 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 918810 CREDIT FOR TAXES -14.66 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 902556Y RRFB'S 26.00 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 902698 CHAIN OIL & LUMBER 349.87 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 915876 GARDEN PICK 61.74 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 902427X HIGHWAY SUPPLIES 48.93 0.00 --------.-- -------- --/--/--
LOWES LOWE'S 902772 SHELF 18.02 0.00 --------.-- -------- --/--/--
LUCHINI LUCHINI, LOUISE 03.07.2023 ELECTION WORKER 79.08 0.00 --------.-- -------- --/--/--
LUCKY LUCKY'S TRAILER SALES, INC PC78625 TRUCK PARTS 7.64 0.00 --------.-- -------- --/--/--
MACHIA MACHIA, MARILYN 03.07.2023 ELECTION WORKER 85.67 0.00 --------.-- -------- --/--/--
MACLURE MACLURE LIBRARY 02.28.2023 REFUND - LOST BOOK 20.99 0.00 --------.-- -------- --/--/--
MARATHON MARATHON HEALTH, LLC 19248 MARCH - HEALTH CENTER 44237.95 0.00 --------.-- -------- --/--/--
MARCHEL MARCHELEWICZ, MARY JANE 03.07.2023 ELECTION WORKER 79.08 0.00 --------.-- -------- --/--/--
MARTINMA MARTIN, MAGGIE 50588922 REFUND - REC. PROGRAM 115.00 0.00 --------.-- -------- --/--/--
MATHESON MATHESON, ROBYN 50589100 REFUND - REC PROGRAM 138.00 0.00 --------.-- -------- --/--/--
MCKENZ MCKENZIE, MAUREEN 03.07.2023 ELECTION WORKER 82.38 0.00 --------.-- -------- --/--/--
03/16/23 City of South Burlington Accounts Payable Page 5
11:08 am Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 3(GENERAL FUND) From 03/20/2023 To 03/20/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
------------------------------------------------------------------------------------------------------------------------------------
MCQUEEN MCQUEEN, JAMIE 03.07.2023 ELECTION WORKER 32.95 0.00 --------.-- -------- --/--/--
METHOD METHODIKAL, INC. 7089 VOTER EDUCATION - TIF 3960.00 0.00 --------.-- -------- --/--/--
MIISION MISSION COMMUNICATION, LLC 1073328 PUMP PARTS 97.00 0.00 --------.-- -------- --/--/--
MOHRMAN MOHRMAN, CLAY 03.13.2023 ARTIST HONORARIUM 500.00 0.00 --------.-- -------- --/--/--
NEA NEW ENGLAND AIR SYSTEMS 190110 HVAC PARTS 934.31 0.00 --------.-- -------- --/--/--
NOREASTE NORTHEAST ELECTRICAL DISTRIBUT S051149823.2 STREET LIGHT PARTS 438.46 0.00 --------.-- -------- --/--/--
NORTHVT NORTHERN VERMONT YOUTH LACROSS 3810 YOUTH LACROSSE FEES 1000.00 0.00 --------.-- -------- --/--/--
NUCAR NUCAR DEAL 6432 SW FORD F-150 49169.00 0.00 --------.-- -------- --/--/--
OFFESS OFFICE ESSENTIALS OF VERMONT 39303 OFFICE SUPPLIES 14.05 0.00 --------.-- -------- --/--/--
ORLANDO ORLANDO, JOHN 03.11.2023 MAILBOX REIMBURSEMENT 75.00 0.00 --------.-- -------- --/--/--
PARSONSE PARSONS ENVIRONMENT & INFRASTR 82837 INSPECTIONS - FEB. 2.26 0.00 --------.-- -------- --/--/--
PARVANOV PARVANOV, DRAGOMIR 03092023 SOCCER CAMP INSTRUCTOR 2340.00 0.00 --------.-- -------- --/--/--
PAWPRINT PAW PRINT & MAIL 70344 POSTERS 176.89 0.00 --------.-- -------- --/--/--
PAWPRINT PAW PRINT & MAIL 70329 VOTER EDUCATION 408.59 0.00 --------.-- -------- --/--/--
PAWPRINT PAW PRINT & MAIL 70315 FY22 ANNUAL REPORT 509.81 0.00 --------.-- -------- --/--/--
PAWPRINT PAW PRINT & MAIL 70230 OFFICE SUPPLIES 216.00 0.00 --------.-- -------- --/--/--
PERMA PERMA-LINE CORP OF NEW ENGLAND 197346 SIGNS 213.60 0.00 --------.-- -------- --/--/--
PERMA PERMA-LINE CORP OF NEW ENGLAND 197396 STREET SIGNS 329.50 0.00 --------.-- -------- --/--/--
PRIORITY PRIORITY EXPRESS INC 8145239 LIBRARY COURIER 176.24 0.00 --------.-- -------- --/--/--
RESO RESOURCE MANAGEMENT, INC. 112538 BIOSOLIDS RECYCLED 1250.32 0.00 --------.-- -------- --/--/--
RESO RESOURCE MANAGEMENT, INC. 112546 BIOSOLIDS RECYCLED 1250.32 0.00 --------.-- -------- --/--/--
RESO RESOURCE MANAGEMENT, INC. 112587 BIOSOLIDS RECYCLED 1244.64 0.00 --------.-- -------- --/--/--
REYNOL REYNOLDS AND SON INC 3421507 CABLE TIES 21.66 0.00 --------.-- -------- --/--/--
RHR SMITH RHR SMITH & COMPANY 2023-0509 FY22 AUDIT - TIF 3000.00 0.00 --------.-- -------- --/--/--
ROCHE ROCHE, SUSAN 03.07.2023 ELECTION WORKER 65.90 0.00 --------.-- -------- --/--/--
ROK ROK TECHNOLOGIES, LLC 8642 GIS MANAGED SERVICES 2989.00 0.00 --------.-- -------- --/--/--
RUBIN RUBIN, LEN 03.07.2023 ELECTION WORKER 85.67 0.00 --------.-- -------- --/--/--
SAINTGERM ST. GERMAIN, MICHEL 03.03.2023 ELECTION WORKER 13.18 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 221378 CLEANING SUPPLIES 324.43 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 221216 CLEANING SUPPLIES 284.60 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 220923 BULBS 15.50 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 220736 TRUCK PARTS 85.43 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 221734 HOSE FITTINGS 22.00 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 221953 VEHICLE PART 3.81 0.00 --------.-- -------- --/--/--
SARGEN SARGENT, CARMINE 03.07.2023 ELECTION WORKER 85.67 0.00 --------.-- -------- --/--/--
SECU SECURSHRED 418969 180 MARKET ST SHREDDING 30.00 0.00 --------.-- -------- --/--/--
SEGALE SEGALE CONSULTING, LLC 100 PUBLIC MEETING CONSULTIN 3750.00 0.00 --------.-- -------- --/--/--
SLACK SLACK CHEMICAL COMPANY INC 451626 CAUSTIC 12085.00 0.00 --------.-- -------- --/--/--
SPORTS THE EDGE 03.06.2023 LEARN TO SWIM PROGRAM 300.00 0.00 --------.-- -------- --/--/--
STANTEC STANTEC CONSULTING SERVICES IN 2043000 GARDEN ST. DESIGN 3733.73 0.00 --------.-- -------- --/--/--
STITZ STITZEL, PAGE & FLETCHER, P.C. 72607 LEGAL SERVICES - JANUARY 3260.10 0.00 --------.-- -------- --/--/--
SUMFIRE SUMMIT FIRE AND SECURITY LLC 16337 ANNUAL ALARM TESTING 252.00 0.00 --------.-- -------- --/--/--
SWISHQUA SWISH WHITE RIVER LTD B112355 CLEANING SUPPLIES 59.15 0.00 --------.-- -------- --/--/--
TACTRON TACTRON INCIDENT MANAGEMENT PR 23-245 HELMET TAGS 27.88 0.00 --------.-- -------- --/--/--
THORPEB THORPE, BETH 03.07.2023 ELECTION WORKER 82.38 0.00 --------.-- -------- --/--/--
THORPEB THORPE, BETH 03.03.2023 ELECTION WORKER 13.18 0.00 --------.-- -------- --/--/--
TROJAN TROJAN TECHNOLOGIES INC 200/8362 PUMP PARTS 203.89 0.00 --------.-- -------- --/--/--
TRUDELL TRUDELL CONSULTING ENGINEERS 40608 HUBBARD RNA 2170.00 0.00 --------.-- -------- --/--/--
UNIFIRST UNIFIRST CORPORATION 1080134442 PW - CLEANING & SUPPLIES 45.14 0.00 --------.-- -------- --/--/--
VERSDP VERMONT DEPARTMENT OF PUBLIC S 87162 FINGER PRINTS 13.25 0.00 --------.-- -------- --/--/--
03/16/23 City of South Burlington Accounts Payable Page 6
11:08 am Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 3(GENERAL FUND) From 03/20/2023 To 03/20/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
------------------------------------------------------------------------------------------------------------------------------------
VHB VANAS VANASSE HANGEN BRUSTLIN INC 0400753 3-ACRE SITES 1914.01 0.00 --------.-- -------- --/--/--
VHB VANAS VANASSE HANGEN BRUSTLIN INC 0400468 VCGI PARCEL 3276.17 0.00 --------.-- -------- --/--/--
VHB VANAS VANASSE HANGEN BRUSTLIN INC 0400512 CITY CENTER PARK PHASE 2 447.54 0.00 --------.-- -------- --/--/--
VHB VANAS VANASSE HANGEN BRUSTLIN INC 0394276 RAIZ - BRIDGE PHASE A 234936.32 0.00 --------.-- -------- --/--/--
VIKING VIKING-CIVES USA 4523210 VEHICLE PARTS 872.92 0.00 --------.-- -------- --/--/--
VLCTEMPL VLCT EMPLOYMENT RESOURCE & BEN REN035627-Q2 QUARTERLY CONTRIBUTION-Q 3377.00 0.00 --------.-- -------- --/--/--
W B MASON W. B. MASON CO., INC. 236552245 NOTARY BOOK 25.98 0.00 --------.-- -------- --/--/--
W B MASON W. B. MASON CO., INC. 236389023 BOOKCASE 291.17 0.00 --------.-- -------- --/--/--
WEHMUTH WEHMUTH, SILVIA 03.09.2023 REFUND - OVERPAID TAXES 103.80 0.00 --------.-- -------- --/--/--
WELSH WELSH, DEBRA 03.07.2023 ELECTION WORKER 19.77 0.00 --------.-- -------- --/--/--
WELSH WELSH, DEBRA 03.03.2023 ELECTION WORKER 13.18 0.00 --------.-- -------- --/--/--
WITHEYR WITHEY, ROBERT 03.03.2023 ELECTION WORKER 13.18 0.00 --------.-- -------- --/--/--
YANKOW YANKOWSKI, LISA 03.07.2023 ELECTION WORKER 85.67 0.00 --------.-- -------- --/--/--
----------- ----------- -----------
Report Total 934,198.62 0.00 0.00
=========== =========== ===========
SOUTH BURLINGTON CITY COUNCIL
To the Treasurer of CITY OF SOUTH BURLINGTON, We Hereby certify
that there is due to the several persons whose names are
listed hereon the sum against each name and that there
are good and sufficient vouchers supporting the payments
aggregating $ ***934,198.62 __________________________________
Let this be your order for the payments of these amounts. Meaghan Emery
__________________________________
Tim Barritt
__________________________________
Helen Riehle
__________________________________
Andrew Chalnick
__________________________________
Tyler Barnes
Champlain Water District
Check/Voucher Register - Check Report by Fund
From 3/21/2023 Through 3/21/2023
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
3/21/2023 4543 Aldrich & Elliott, PC Project 21001.003 477.35 80941
3/21/2023 4544 Aldrich & Elliott, PC Project 21001.003 1,770.56 80996
3/21/2023 4545 Aldrich & Elliott, PC Project 22025.001 1,088.13 81184
3/21/2023 4546 Champlain Water District - Retail Retail to SBWD Monthly Invoice 65,495.10 SBWD-395
3/21/2023 4547 Champlain Water District February 2023 Water Consumption 133,048.87 SBWD-022823
3/21/2023 Champlain Water District WS to SBWD Monthly Invoice 929.21 SBWD-388
3/21/2023 4548 E.J. Prescott Valve Box Cover - 1233 Shelburne Rd 19.84 6141912
3/21/2023 4549 Aldrich & Elliott, PC Project 22025.001 387.58 80916
3/21/2023 4550 Aldrich & Elliott, PC Project 22025.001 129.19 80970
3/21/2023 4551 Aldrich & Elliott, PC Project 22025.001 689.04 81027
Total 70 - South Burlington Water
Department
204,034.87
Report Total 204,034.87
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
MEMORANDUM
TO: South Burlington City Council
FROM: City Attorney’s Office
RE: Grant of ARPA to Champlain Housing Trust
FOR: March 20, 2023 City Council Meeting
On September 6, 2022, the City Council unanimously approved a motion to award $300,000
(“Award”) of ARPA funding to Champlain Housing Trust to renovate and convert the former Ho
Hum Motel at 1660 Williston Road to 20 one-bedroom apartments to perpetually serve the
homeless.
The City and Champlain Trust have negotiated an agreement (“Agreement”) setting forth the
terms and conditions for the distribution of the Award to the Champlain Housing Trust. The
Agreement is similar to the agreement previously approved by the City Council between the City
and Ascend Housing Allies, Inc. to subgrant $350,000 of ARPA and Housing Trust Fund dollars
to Summit for the construction of 47 mixed income apartments at 442 O’Brien Drive. The
Agreement with Champlain Housing Trust is provided with this Memorandum for your review.
Recommended Motion:
Move that the City Council approve the Subgrant Agreement between the City of South
Burlington and Champlain Housing Trust, awarding $300,000 of ARPA dollars to be used to
fund the renovation and conversion of the former Ho Hum Motel at 1660 Williston Road to 20
affordable one-bedroom apartments, and authorize the City Manager to negotiate and execute the
Agreement on behalf of the City.
SUBGRANT AGREEMENT
This Subgrant Agreement (the “Agreement”) is made by and between the CITY OF SOUTH
BURLINGTON, a municipality in the County of Chittenden, Vermont (“Grantee”) and CHAMPLAIN
HOUSING TRUST, INC., a Vermont nonprofit corporation with its principal place of business in
Burlington, Vermont (“Subgrantee”).
Background
1. The Grantee is the recipient and/or issuer of American Rescue Plan Act (“ARPA”) funds
in the amount of Three Hundred Thousand and 00/100 Dollars ($300,000) (the “Award”).
2. The Grantee has made a subgrant of the Award (the “Subgrant”) to the Subgrantee pursuant
to the terms and conditions of this Agreement.
3. The Subgrantee shall use the Subgrant funds to renovate the former Ho Hum Motel at 1660
Williston Road in the City of South Burlington to develop twenty (20) one-bedroom apartments to
perpetually serve the homeless (“Project”).
N O W, T H E R E F O R E ,
In consideration of the foregoing and the mutual covenants and agreements herein set forth, the
parties hereby agree as follows:
Section 1. Definitions.
(a) As used in this document, the words and phrases set forth below shall have the following
meanings:
“Award” has the meaning set forth in the Background.
“City Objective” means to renovate and convert the Ho Hum Motel at 1660 Williston Road
to 20 one-bedroom apartments to perpetually serve the homeless. The conversion will also
upgrade building code conditions and energy upgrades.
“Completion Date” means July 31, 2023.
“Property” means the former Ho Hum Motel with the address of 1660 Williston Road,
South Burlington, Vermont.
“Subgrant” has the meaning set forth in the Background.
“Subgrant Agreement” means this Agreement between Grantee and Subgrantee.
Section 2. Consideration and Incorporation of Grant Agreement. Grantee makes this
subgrant to Subgrantee pursuant to, and as consideration for Subgrantee’s activities as set forth in this
Agreement, a copy of which Subgrantee and Grantee maintain in their respective files.
Section 3. Survival of this Subgrant Agreement. This Subgrant Agreement shall survive any
closing contemplated hereunder. All obligations pursuant to this Agreement shall continue until the City
has determined that the City Objective has been achieved.
- 2 -
Section 4. Purpose of the Subgrant. The purpose of this Subgrant shall be to support the Project
and the achievement of the City Objective. The proceeds of the Award shall be used solely for Subgrantee’s
specific activities in connection with the Subgrant.
Section 5. Terms of the Subgrant.
(a) This Subgrant is in the amount of Three Hundred Thousand and 00/100 Dollars
($300,000.00).
(b) The Subgrantee, as agent of the Grantee, must satisfy all of the federal and state laws,
regulations and procedures that apply to the Grantee.
(c) If the Grantee determines and informs Subgrantee in writing that the Subgrantee has not
achieved the City Objective, that the Grantee has determined that Subgrantee is unlikely to
do so, Grantee may require reimbursement of all or a portion of the Subgrant funds from
Subgrantee.
(d) The Subgrant funds will be delivered to the Subgrantee upon execution of this Agreement
and confirmation that covenant(s) requiring the Ho Hum Motel be perpetually available to
the homeless are recorded in the City of South Burlington Land Records.
Section 6. Subgrantee’s Representations. As of the date of this Agreement:
(a) Subgrantee represents and warrants that it is a nonprofit corporation incorporated in the
State of Vermont in good standing.
(b) Subgrantee hereby certifies that Subgrantee has provided to Grantee documentation of firm
commitments of the “Other Resources” identified in the Project Budget, including the
purpose for which they are to be used and any conditions attached to their expenditure.
(c) Subgrantee is in good standing with respect to, or in full compliance with a plan to pay,
any and all federal, state and local taxes, to the extent Subgrantee is subject to taxation, if
at all.
(d) Subgrantee is current on or is in full compliance with a plan to pay, any and all financial
obligations.
(e) There are no liens, judgments or other encumbrances on the Property involved in the
Project, other than those of record, or disclosed to the Grantee prior to the execution of this
Subgrant Agreement.
(f) Subgrantee’s representations with respect to the financial and operational aspects of the
business in the written documents previously provided to the Grantee remain accurate in
all material respects.
(g) Subgrantee is not listed in the Exclusions portion of Performance Information in the System
for Award Management (“SAM”) at www.sam.gov; nor named on the State of Vermont’s
debarment list at http://bgs.vermont.gov/purchasing-contracting/debarment.
(h) Subgrantee has submitted a plan setting forth its compliance with the requirements of the
Uniform Relocation Act (the “URA Plan”), if applicable.
- 3 -
Section 7. Subgrantee’s Covenants.
(a) City Objective. Subgrantee commits to achieve the City Objective of the Project, and to
maintain documentation as may be required by the Grantee and otherwise necessary to
clearly demonstrate that Subgrantee has achieved the City Objective.
(b) Insurance. For a period beginning with the execution of this Subgrant Agreement and
continuing for at least 5 years after the Completion Date, Subgrantee shall take out, pay for
and keep in full force, insurance on the Collateral against such risks, in such amounts, with
such insurance carrier, and with such loss payable clause as shall be satisfactory to Grantee,
and shall furnish Grantee with the satisfactory evidence of such insurance.
(c) Notice of Change. For a period of five years from the Completion Date, Subgrantee and
its successors and assigns shall provide notice of any of the following (a “Change of Use”):
(i) any proposed sale or transfer of all or any part of the Project to any person or entity
who will use it for any purpose other than the provision of affordable housing; (ii) the
discontinuation by the Subgrantee of the use or operation of all or part of the Project; or
(iii) any material alteration or expansion of the Project and its purpose. The parties
acknowledge and agree that a Change of Use shall constitute an event of default under this
Agreement and, in the event of such default, Grantee shall have all options available at law
as may be required to protect or recapture the funds made available through the Award.
(d) Permits. Subgrantee shall secure all federal, state and local permits that are necessary, and
shall comply with any conditions related to the disbursement of funds imposed by agencies
requiring them. Subgrantee represents and warrants that it has identified all permits
necessary for the Project and has secured those necessary to commence activities.
(e) Reports. Subgrantee shall submit financial and operational reports to Grantee as Grantee
may reasonably request, and Grantee shall have access to the records of the Subgrantee
during normal business hours or as arranged in advance. Subgrantee’s failure to provide
such information as requested, and/or the provision of information that appears to be
inaccurate or incomplete, unless remedied within fifteen (15) days, shall constitute an event
of default.
(f) No Material Changes. As a condition of lending the Subgrant funds, Subgrantee covenants
that it shall not make any material change in the financial or operational aspects of its
business, specifically including but not limited to the borrowing of additional money
(except as described in the Project Budget), the granting of additional liens significantly
altering the plan for capital expenditures, salaries of partners or employees, or Subgrantee’s
product or service, without the prior written consent of Grantee, except as otherwise
provided for in this Subgrant Agreement.
(g) Other Liens and Encumbrances. Subgrantee shall use no proceeds of this Subgrant to
discharge any lien or other encumbrance.
(h) Refinancing. Subgrantee shall not use the Subgrant as collateral for any other debt without
the prior written approval of Grantee or use such funds to restructure debt in any way,
except where the project involves the use of such to convert temporary bridge or
construction financing to permanent financing.
- 4 -
(i) Title Insurance. Promptly after the closing Subgrantee shall provide Grantee with proof
that Subgrantee has a policy for title insurance in no less than the sum of the full amount
of this Subgrant and the amounts of all mortgages, liens and other encumbrances having a
higher priority than this Subgrant.
(j) Uniform Relocation Act Compliance. Subgrantee shall provide documentation
demonstrating compliance with the Uniform Relocation Act and the URA Plan upon
request of the Grantee and if applicable.
(k) Program Management. Subgrantee shall perform or oversee all program management
activities as many be necessary or appropriate for the Project, which shall include, without
limitation, any necessary environmental reviews, clerk of the works services, compliance
with the Davis-Bacon Act, if required, and any applicable permits, and engineering,
architectural, legal and other professional services.
(l) Project Budget. Subgrantee covenants and agrees that any additional funds required to
complete the Project shall be the responsibility of Subgrantee and its partners and affiliates,
and not be the responsibility of Grantee.
Section 8. Pass Through Provisions. In addition to binding Subgrantee, the following
provisions shall be included in all contracts between Subgrantee and any other contractor related to the
Project, and shall bind all such other contractors:
(a) Conflicts of Interest. Subgrantee agrees to comply with the following requirements
(i) In order to avoid a conflict of interest or the appearance of undue influence, if any
officer of Subgrantee or a member of Subgrantee’s Board of Directors is employed
by Grantee or holds an elective or appointive municipal office in Grantee, such
person shall not participate in any discussions regarding, attend any public hearing
concerning, vote upon or take any action with respect to any matter involving this
Agreement or the Project for the longer period of:
(A) From the date of execution of this Agreement until five years after the
Completion Date; or
(B) During a person’s tenure with Grantee and for one year thereafter.
(ii) No person described in paragraph (i) of this section, nor any person with whom
such a person has family or business ties, may participate in a decision-making
process or gain inside information with regard to the activities funded by Grantee,
obtain a financial interest in or benefit from the activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder,
for the applicable time period set forth in paragraph (i).
(iii) A loan may be made by Subgrantee to an officer, director or employee of Grantee,
Subgrantee, or a sub-recipient of the Subgrant, but only if the prospective borrower
is one of the low or moderate income persons intended to be the beneficiaries of
the assisted activity, providing the loan will permit such prospective borrower to
receive generally the same interest or benefit being made available or provided to
the intended beneficiaries, and the prospective borrower engages in no activities
prohibited by paragraph (i), above, with respect to the prospective borrower’s loan.
- 5 -
(b) Retention of and Access to Records. Subgrantee shall comply with the following
requirements:
(i) Financial records, supporting documents, statistical records, and all other records
pertinent to the Project shall be retained in accordance with standard.
(ii) Authorized representatives of the Grantee shall have access to all books, accounts,
records, reports, files, papers, things, or property belonging to, or in use by, the
Grantee, Subgrantee or any sub-recipient of the Subgrant pertaining to the receipt
and administration of Award funds, as may be necessary to make audits,
examinations, excerpts, and transcripts.
(c) Labor and Equal Opportunity. To the extent applicable, Subgrantee will administer and
enforce the Davis-Bacon Act [40 USC 276a et seq.]; the Federal Fair Labor Standards Act
[29 USC 201 et seq.]; and the Contract Work Hours and Safety Standards Act [40 USC
327-333]. Subgrantee will comply with the Copeland Anti-kickback Act of 1934, [18 USC
874 and 40 USC 276c]; Executive Order 11246 (Equal Employment Opportunities) as
amended by Executive Orders 11375 and 12086 and the regulations issued pursuant thereto
[ 41 CFR 60]; and Section 3 of the Housing and Urban Development Act of 1968 [12 USC
1701u] as amended, (equal employment and business opportunities) and the regulations at
24 CFR 135. Subgrantee will also comply with the requirements of Title 21, V.S.A.
Chapter 5, Subchapter 6, (495-495h), relating to fair employment practices, and Title 9
V.S.A Chapter 139, Sections 4503 and 4504, relating to fair housing practices.
(d) Environmental. Subgrantee will comply with the Clean Air Act (42 U.S.C. 7401-7671q
and the Federal Water Pollution Contract Act (33 U.S.C. 1251-1387), as amended.
Violations shall be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(e) Lobbying. Subgrantee shall not use Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352 (Byrd Anti-Lobbying Amendment).
(f) All Other Matters. Subgrantee covenants and agrees that to the extent that the Grant
Agreement sets forth obligations of Subgrantee, as recipient of the Award, not otherwise
expressly set forth in this Agreement, Subgrantee shall comply with all such obligations
and shall undertake any reporting, management or administrative obligations required
thereunder.
Section 9. Default and Remedies.
(a) Default. If any of the following events of default shall occur without being cured within
thirty (30) days from the date that written notice of such default is received by Subgrantee
from Grantee, Grantee, in its sole discretion, may exercise its rights under a certain
Assignment of Loan Documents between Grantee and Subgrantee dated of near or even
date herewith and convert this Subgrant into a Loan.
- 6 -
(b) An “Event of Default” shall be deemed to occur under this Agreement in the event that any
of the following occurs and the Subgrantee fails to cure such event within thirty (30) days’
of Notice from the Grantee:
(i) The Grantee’s determination that Subgrantee has failed to achieve the City
Objective;
(ii) The Grantee’s determination that Subgrantee has failed to comply with all
applicable provisions of this Subgrant Agreement;
(iii) Grantee’s determination that Subgrantee has failed to perform any of Subgrantee’s
obligations under this Subgrant Agreement;
(iv) Grantee’s determination that the Subgrantee has failed to perform any of the
Subgrantee’s obligations or violate any term, condition or representation contained
in this Subgrant Agreement.
(c) Repayment. In the Event of Default, Grantee may demand repayment of all or a portion of
the Award or invoke any other remedy allowed by this Subgrant Agreement, or any other
document related to this Subgrant, or by law.
Section 10. Miscellaneous Provisions.
(a) Revisions and Amendments. All amendments to this Subgrant Agreement shall be reduced
to writing and shall be executed by all parties to the document. Subgrantee acknowledges
that the Grantee may require an amendment to this Agreement to ensure, or enhance the
possibility of, Subgrantee’s achieving the City Objective. A copy of any amendment to
this document shall be submitted to the Grantee for its approval prior to execution of the
amendment. Any amendment to this Agreement shall survive the closing with respect
thereto.
(b) Paragraph Titles. The titles to the paragraphs of this Agreement are used solely for
purposes of identification, and are not to be construed as affecting the meaning of the
language of the paragraphs.
(c) No Waiver. The waiver by the Grantee of a breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition,
or of any subsequent breach of the same or any other term, covenant or condition. No
covenant, term or condition of this Agreement shall be deemed to have been waived or
modified by the Grantee, unless such waiver or modification is in writing and executed on
behalf of the Grantee against whom such waiver or modification is to be enforced.
(d) Remedies. All remedies provided in this agreement are distinct and cumulative to any
other right or remedy under this agreement, or otherwise available by law, and may be
exercised concurrently, independently or successively.
- 7 -
IN WITNESS WHEREOF, the parties, as evidenced by the signatures of their Duly Authorized
Agents, do hereby execute this Subgrant Agreement as of the ____ day of ______________, 2023.
CITY OF SOUTH BURLINGTON
By:
Duly Authorized Agent
[Additional Signature Follows]
[City ARPA Subgrant Agreement]
CHAMPLAIN HOUSING TRUST, INC.
By:
Duly Authorized Agent
South Burlington Fire Department
575 Dorset Street
South Burlington, VT 05403
(802) 846-4110
Fax (802) 846-4125
To: City Council
From: Steven A. Locke, Fire Chief
CC: Jessie Baker, City Manager
RE: LEMP Adoption
Date March 9, 2023
As the appointed City of South Burlington emergency management director, I am required to
update the Local Emergency Management Plan (LEMP) annually and submit it to Vermont
Emergency Management. This plan lists the points of contact for our city leadership team,
identifies the locations of our emergency shelters, and assigns areas of responsibility depending
on the type of event that occurs.
I thank you in advance for your anticipated approval, and if you are interested in reviewing the
plan or discussing emergency management issues, please let me know.
Local Emergency Management Plan Municipal Adoption Form
1
2019 Version (Word): this 2-page form is used to report LEMP adoption. It replaces the 2018 version, which is obsolete.
Town/City of South Burlington
180 Market Street
South Burlington, VT 05403
The Local Emergency Management Plan (LEMP) must be
(re)adopted annually, after town meeting day, and
submitted to the appropriate Regional Planning
Commission (RPC) by May 1st.
At a warned public meeting (regular selectboard/city
council meeting), the municipality adopted the Local
Emergency Management Plan (LEMP) on the date shown
at right.
At a warned public meeting (regular selectboard/city
council meeting), the municipality adopted the National
Incident Management System (NIMS) on the date shown at
right.
If Vermont Emergency Management needs to contact
municipal leaders to determine status and support
requirements during an emergency, the Emergency
Management Director (EMD) and two other local Points Of
Contact (POCs) who should have authoritative local
information are listed at right.
Mark this block if a readopted plan has no changes
since the previous year.
I hereby certify that the LEMP meets Vermont National Incident Management System (NIMS) requirements and
current LEMP Implementation Guidance as on page 2:
Signed*
Steven A. Locke, Fire Chief Printed Name; certifying individual must have taken, at a minimum, ICS402 or ICS100/IS-100 training
I hereby attest that the municipality has adopted NIMS and the LEMP as stated above:
Signed*
Helen Riehle, Council Chair Printed Name, Selectboard / council member
Once completed, send adoption form (2 pages) and copy of Local Emergency Management Plan to
Regional Planning Commission.
*A typed name is acceptable as an electronic signature if it represents an act of that person in accordance with 9 V.S.A. § 278.
Municipality City of South Burlington
LEMP Adoption
Date March 20, 2023
NIMS Adoption
Date May 1, 2014
EMD Name Steven Locke
Position EMD
Primary Phone 802-846-4147
Alternate Phone 802-356-1376
Email slocke@southburlingtonvt.gov
POC 2 Name Chris Corbin
Position Captain
Primary Phone 802-846-4110
Alternate Phone 802-557-7402
Email ccorbin@southburlingtonvt.gov
POC 3 Name Terence Francis
Position Fire Marshal
Primary Phone 802-846-4134
Alternate Phone 802-343-4656
Email tfrancis@southburlingtonvt.gov
Local Emergency Management Plan (LEMP)
Required Elements
2
2019 Version (Word): this 2-page form is used to report LEMP adoption. It replaces the 2018 version, which is obsolete.
Check boxes below indicating the plan has the required elements and, if not using a template, fill in page numbers
to report completion of required elements.
Vermont Emergency Management (VEM) encourages municipalities to create and maintain
optional LEMP annexes as required. Examples might include plans for specific incident types,
shelters, evacuation, and volunteer management - see the VEM website for models, samples,
and examples at: http://vem.vermont.gov
Municipal Adoption
☒ Municipal Adoption Form
Municipal adoption of National Incident Management System (NIMS) ☒
Contact information for local authorities during an emergency ☒
Certification that LEMP meets Vermont NIMS / Implementation Guidance ☒
LEMP adoption by local selectboard / city council (annual) ☒
LEMP Required Elements Page
☒ Planners
List of people who wrote / maintain the LEMP 1
☒ Municipal Emergency Operations Center (EOC)
Activation authority 1
EOC staff positions and duties (minimum 1)
List of potential EOC staff members (minimum 1)
Facility information for potential EOC locations (minimum 1)
☒ Resources
Emergency purchasing agent and spending limits (if any) 2
List of municipal contracts that can be used during an emergency (if any)
List of other local resources that could be used during an emergency (if any)
National Incident Management System (NIMS) Typed Resource List
☒ Public Information and Warning
VT-Alert contact information 4
Local website / social media information (if any)
List of local media outlets (if any)
Public notice sites for non-phone/Internet information
Vermont 2-1-1 contact information
☒ Vulnerable Populations
List of organizations/facilities that serve local vulnerable populations 4
Identification and monitoring process
☒ Shelters
Spontaneous and regional shelter information 5
Opening information for local shelters (if any)
Service information for local shelters (if any)
☒ Contact Information
Emergency Management personnel 7
Response organizations
Municipal officials / public works
State, region, and adjacent municipality contacts
Municipality: _South Burlington________ Date Updated: _February 2023___
Local Emergency Management Plan
1. Emergency Management (EM) planners
2. Municipal Emergency Operations Center (EOC)
The EOC is an organization that coordinates information, support, and response across the
municipality for Incident Commanders and town officials. Its main functions are to maintain situational
awareness for municipal leaders, coordinate resource and information requests, and provide public
information.
Who, by position, can activate the EOC? Director
Preferred EOC Positions and Duties
EOC Director Supervises and directs all EOC activities coordinating
municipal support and response
EOC Call Taker Staffs phones and radio
EOC Coordinator Tracks and answers any Requests For Information (RFI)
EOC Coordinator Tracks and coordinates any Requests For Support (RFS)
Communications Produces and posts public information and press releases
Potential EOC Staff Members
Name Notes / Contact Information
Steven Locke 802-356-1376
Terence Francis 802-363-4656
Chris Corbin 802-557-7402
Shawn Burke 802-846-4176
Gregg Jager 802-846-4111
Tom DiPietro 802-324-2976
Primary EOC Location
Facility / Address: SB-EOC, 104 Landfill Road
Phone Numbers: 802-658-7961
Equipment/Notes: Co-located with South Burlington Public Works
Alternate EOC Location
Facility / Address: SBPD, 19 Gregory Drive
Phone Numbers: 802-846-4110
Equipment/Notes: Co-located with South Burlington Police
These are the people who wrote and/or maintain this plan.
Steven Locke, Fire Chief
2
3. Resources
Use municipal resources, mutual aid agreements, and local purchases first to
get resources for response as needed and available.
Purchasing agents for emergencies: Martha Machar, Finance
Director
802-383-1789
Emergency spending limits: Authorization needed for amounts over $10,000
Businesses with Standing Municipal Contracts
Type of Contract Name Contact Info
Numerous accounts Contact finance
department for vendor list
802-846-4104
Other Local Resources
Type of Resources/Skills Name Contact Info
State support that is usually at no cost to the municipality:
• Vermont Hazardous Material (HAZMAT) Response Team (VHMRT)
• Vermont Urban Search and Rescue (USAR, VT-TF1)
• Vermont State Police and Special Teams
• Community Emergency Response Teams (CERTs)
• Swiftwater Rescue Teams
• Regional Shelter Support
• State government agency expertise / services
• Federal response agency expertise
State support the municipality will normally eventually have to pay for:
• Supplies and equipment (including sandbags)
• VTrans Equipment and Personnel
• Vermont National Guard Support
The State Emergency Operations Center (SEOC, 800-347-0488) will help coordinate any state support
teams or other external resources that local responders may need.
3
National Incident Management System (NIMS) Typed Resources*
Type I II III IV Other Type I II III IV Other
Critical Incident Stress Management
Team 1 Hydraulic Excavator, Large Mass
Excavation
Mobile Communications Center 1 Hydraulic Excavator, Medium Mass
Excavation 1
Mobile Communications Unit Hydraulic Excavator, Compact
All-Terrain Vehicles Road Sweeper 2
Marine Vessels Snow Blower, Loader Mounted 1
Snowmobile Track Dozer 1
Public Safety Dive Team Track Loader
SWAT/Tactical Team Trailer, Equipment Tag-Trailer 1
Firefighting Brush Patrol Engine Trailer, Dump 1
Fire Engine (Pumper) 3 Trailer, Small Equipment 4
Firefighting Crew Transport Truck, On-Road Dump 10
Aerial Apparatus, Fire 1 Truck, Plow 9 7 1
Foam Tender Truck, Sewer Flusher 2
Hand Crew Truck, Tractor Trailer
HAZMAT Entry Team Water Pumps, De-Watering 4
Engine Strike Team Water Pumps, Drinking Water Supply
- Auxiliary Pump
Water Tender (Tanker) Water Pump, Water Distribution
Fire Boat Water Pump, Wastewater 1
Aerial Lift - Articulating Boom 1 Water Truck
Aerial Lift - Self Propelled, Scissor,
Rough Terrain Wheel Dozer
Aerial Lift - Telescopic Boom Wheel Loader Backhoe 1
Aerial Lift - Truck Mounted 2 Wheel Loader, Large 1
Air Compressor 1 Wheel Loader, Medium
Concrete Cutter/Multi-Processor for
Hydraulic Excavator Wheel Loader, Small
Electronic Boards, Arrow Wheel Loader, Skid Steer
Electronic Boards, Variable Message
Signs Wheel Loader, Telescopic Handler
Floodlights Wood Chipper 1
Generator 4 Wood Tub Grinder
Grader
*Information about the NIMS Typed resources can be found at: https://rtlt.preptoolkit.fema.gov
*Additional resource information is available on the FEMA Reimbursable Equipment List:
https://www.fema.gov/assistance/public/schedule-equipment-rates
4
4. Public Information and Warning
During a significant emergency, the Emergency Operations Center (EOC) and Incident Command
Posts (ICPs) will coordinate and manage public information, both by producing accurate, timely reports
and by tracking what is publicly reported to minimize confusion and help ensure a positive public
response.
VT-Alert message - State:
Other VT-Alert managers:
Vermont Emergency Management: 800-347-0488
Important Local Websites /
Social Media channels:
Front Page Forum, School department notification
system, city web site
Local Newspaper, Radio, TV: City media distribution list
Public Notice locations: Sign boards can be placed at highly visible
intersections
Vermont 2-1-1 is a United Ways of Vermont system that provides 24x7x365 information and referral
services in cooperation with a large number of state and local government and community based
entities. 2-1-1 collects and maintains a database of local resource information and is available to take
calls from the general public to inform and instruct them in relation to emergency events, and to refer
them to the appropriate response and recovery resource, if necessary.
To provide information for 2-1-1 Dial 211 or (802) 652-4636
5. Vulnerable Populations
If necessary, the EOC may contact organizations and facilities, below, that serve vulnerable
populations to identify residents who are at risk based on the emergency. If there are residents at risk
or in danger, the EOC should monitor their status and if required coordinate support for them until their
situation stabilizes.
Name / Notes Contact Info
CARE (Citizen Assistance Registration for Emergencies) (Supporting PSAP)
Residential Care Homes
Allenwood – 90 Allen Road, 35 occupants 802-863-3926
Gazebo Apartments – 1510 Williston Rd, 40 occupants 802-865-4461
Gazebo Sr. Living – 1530 Williston Rd, 35 occupants 802-863-2386
East Terrace – 71 East Terrace, 6 occupants 802-660-7500
Pillsbury Manor – 20 Harborview Rd, 70 occupants 802-863-7897
The Residences QH – 465 Quarry Hill, 131 occupants 802-652-4114
5
6. Shelters
During some emergencies, the EOC will monitor or coordinate support for residents who are displaced
due to property or infrastructure damage.
Spontaneous Sheltering
Determine the approximate number of people who need sheltering
Call the State EOC / Watch Officer at 800-347-0488 and request support
Track the status of residents who need shelter until their situation stabilizes
Regional Shelter
Location / Address:
Opening Contact: State EOC, 800-347-0488; American Red Cross, 833-583-3111
Phone Numbers:
Primary Local Shelter
Location / Address: Tuttle Middle School, 500 Dorset Street
Facility Contact(s): Bart Marcelli
Phone Numbers: 802-338-8698
Shelter Manager:
Staff Requirements:
Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers
Healthcare
Notes: ARC Agreement: Yes
Capacity: 400 Generator: Yes Pets Allowed: Yes
Alternate Local Shelter
Location / Address: Chamberlin School, 262 White Street
Facility Contact(s): Bart Marcelli
Phone Numbers: 802-338-8698
Shelter Manager:
Staff Requirements:
Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers
Healthcare
Notes: ARC Agreement: Yes
Capacity: 400 Generator: Yes Pets Allowed: Yes
Alternate Local Shelter
Location / Address: Orchard School – 2 Baldwin Avenue
Facility Contact(s): Bart Marcelli
Phone Numbers: 802-338-8698
Shelter Manager:
Staff Requirements:
Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers
Healthcare
Notes: ARC Agreement: Yes
Capacity: 200 Generator: No Pets Allowed: Yes
Alternate Local Shelter
Location / Address: Marcotte School – Market Street
Facility Contact(s): Bart Marcelli
Phone Numbers: 802-338-8698
6
Shelter Manager:
Staff Requirements:
Services: X - Warm/Cool X - Overnight X - Food Prep X - Showers
Healthcare
Notes: ARC Agreement: Yes
Capacity: 200 Generator: No Pets Allowed: Yes
Annexes (Optional, create and letter as needed)
See the Vermont Emergency Management (VEM) web site at http://vem.vermont.gov for samples and
examples of annexes, such as: forms; delegations of authority; debris plans; incident-specific plans,
checklists, and matrices; animal disaster references; etc.
Contact Information 7 Position Name Phone numbers - indicate Mobile, Home, Work E-mail Office Cell Home Local Emergency Management Team EMD Steven Locke 802-846-4147 802-356-1376 slocke@southburlingtonvt.gov EM Coordinator Chris Corbin 802-557-7402 ccorbin@southburlingtonvt.gov Local Response Organization Contacts Fire Chief Steven Locke 802-846-4147 802-356-1376 slocke@southburlingtonvt.gov Fire Marshal Terence Francis 802-363-4656 802-482-2732 tfrancis@southburlingtonvt.gov Chief of Police Shawn Burke 802-846-4176 802-316-0469 sburke@southburlingtonpolice.org Police Lieutenant Gregg Jager 802-846-4111 gjager@southburlingtonpolice.org State Police VSP Williston 802-878-7111 Local Dispatch Center SBPD 802-846-4111 Local Public Works Contacts DPW Director Tom DiPietro 802-658-7961 802-324-2976 tdipietro@southburlingtonvt.gov DPW Deputy Director Adam Cate 802-878-5008 802-999-7826 acate@southburlingtonvt.gov Drinking Water Utility Champlain Water District 802-864-7454 Wastewater Utility SB DPW Water Division 802-658-7964 Electric Company Green Mountain Power 888-835-4672 Municipal Government Contacts City Manager Jessie Baker 802-846-4107 802-578-8264 jbaker@southburlingtonvt.gov City Council Chair Helen Riehle 802-318-3425 hriehle@southburlingtonvt.gov City Council Vice-Chair Meaghan Emery 802-264-9636 memery@southburlingtonvt.gov Town Clerk Donna Kinville 802-847-4119 dkinville@southburlingtonvt.gov Finance Director Martha Machar 802-383-1789 mmachar@southburlingtonvt.gov Town Health Officer Terence Francis 802-363-4656 802-482-2732 tfrancis@southburlingtonvt.gov
Contact Information 8 Position Name Phone numbers - indicate Mobile, Home, Work E-mail Office Cell Home Forest Fire Warden SBFD 802-846-4110 Animal Control Officer SBPD 802-846-4110 School Contact #1 Violet Nichols, Superintendent 802-652-7250 School Contact #2 Bart Micelil 802-652-7250 School District Office SB School District 802-652-7250 Other Contacts
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
2023 - 04
City Council Resolution
A RESOLUTION SUPPORTING
PUBLIC ART ON UTILITY BOXES
WHEREAS, the City of South Burlington, Vermont (“City”) recognizes the transformative power of art
and importance of art in establishing identity in the public realm; and,
WHEREAS, the City has cooperatively worked with Katie O’Brien-Barritt to facilitate her organizing
artists and volunteers to paint public infrastructure throughout the City; and,
WHEREAS, Katie O’Brien-Barritt, with City and community support has freely given of her time to
paint or organize the painting of numerous boxes within the State right-of-way under a prior permit; and
WHEREAS, the City Council has recognized the immense benefit to the City in terms of beautifying
City streets and involving residents, visitors and artists in the creation and appreciation of art; and
WHEREAS, the Katie O’Brien-Barritt is seeking State of Vermont VTrans authorization to paint utility
boxes on Shelburne Road (Route 7) and Hinesburg Road (Route 116) within the City of South Burlington;
and,
WHEREAS, the Department of Public Works has reviewed the locations and application and is in
support of the project.
NOW, THEREFORE, BE IT RESOLVED that the South Burlington City Council hereby supports the
installation of art on utility boxes on Shelburne Road (Route 7) and Hinesburg Road (Route 116).
APPROVED this 20th day of March, 2023.
SOUTH BURLINGTON CITY COUNCIL
__________________________________ ________________________________
Helen Riehle, Chair Meaghan Emery, Vice Chair
__________________________________ ________________________________
Tim Barritt, Clerk Tyler Barnes
__________________________________
Andrew Chalnick
City of South Burlington General Ledger
Expenditure Report - GENERAL FUND
Current Year Period 8 February
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 8 Feb
GENERAL GOVERNMENT EXP.
CITY COUNCIL 149,798.00$ 73,441.86$ 49.03%76,356.14$ (185.14)$
ADMINISTRATIVE INSURANCE 6,032,914.38$ 3,139,728.59$ 52.04%2,893,468.24$ 475,717.22$
CITY MANAGER 472,491.78$ 244,447.58$ 51.74%228,044.20$ 22,619.28$
LEGAL/ACCOUNTING ACTUARY 348,960.87$ 216,473.74$ 62.03%132,487.13$ 43,530.94$
ADMINISTRATIVE SERVICES 990,075.74$ 503,334.34$ 50.84%486,741.40$ 66,316.32$
INFORMATION TECHNOLOGY 397,768.47$ 261,361.52$ 65.71%136,406.95$ 33,050.03$
CITY CLERK 285,901.23$ 193,703.87$ 67.75%92,197.36$ 17,148.75$
PHYSICAL PLANT 434,004.36$ 341,899.57$ 78.78%92,104.79$ 49,219.09$
ASSESSING/TAX/FINANCE 403,043.52$ 246,256.57$ 61.10%156,786.95$ 27,363.28$
PLANNING/DESIGN REVIEW 563,713.28$ 285,582.33$ 50.66%278,130.95$ 38,680.19$
OPERATING TRANSFERS OUT 808,200.00$ -$ 0.00%808,200.00$ -$
Total GENERAL GOVERNMENT EXP.10,886,871.63$ 5,506,229.97$ 50.57%5,380,924.11$ 773,459.96$
PUBLIC SAFETY
FIRE DEPARTMENT 3,698,663.25$ 2,631,756.49$ 71.15%1,066,906.76$ 269,879.46$
AMBULANCE 522,650.00$ 121,720.30$ 23.29%400,929.70$ 35,703.82$
POLICE DEPARTMENT 5,760,136.24$ 3,140,833.94$ 54.53%2,619,302.30$ 372,087.97$
Total PUBLIC SAFETY 9,981,449.49$ 5,894,310.73$ 59.05%4,087,138.76$ 677,856.39$
STREETS & HIGHWAYS
HIGHWAY DEPARTMENT 3,346,938.68$ 2,481,447.55$ 74.14%865,491.13$ 276,753.04$
Total STREETS & HIGHWAYS 3,346,938.68$ 2,481,447.55$ 74.14%865,491.13$ 276,753.04$
CULTURE AND RECREATION
RECREATION ADMINISTRATION 359,516.74$ 221,086.29$ 61.50%138,430.45$ 24,879.66$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 8 Feb
PROGRAMS 50,000.00$ 33,994.76$ 67.99%16,005.24$ 371.87$
RED ROCKS PARK 14,924.80$ 8,500.29$ 56.95%6,424.51$ 35.96$
FACILITIES 139,150.00$ 61,486.09$ 44.19%77,663.91$ 34,665.12$
SENIOR PROGRAMS 33,311.57$ 10,946.61$ 32.86%22,364.96$ 2,764.53$
SPECIAL ACTIVITIES 101,500.00$ 57,902.38$ 57.05%43,597.62$ 8,815.85$
PUBLIC LIBRARY 866,629.70$ 492,741.53$ 56.86%373,888.17$ 72,060.02$
CAPITAL/PARK MAINTENANCE 399,642.54$ 254,120.03$ 63.59%145,522.51$ 28,677.97$
Total CULTURE AND RECREATION 1,964,675.35$ 1,137,932.10$ 57.92%826,743.25$ 172,270.98$
OTHER ENTITIES
OTHER OPERATING ENTITIES 791,250.11$ 624,430.67$ 78.92%166,819.44$ -$
Total OTHER ENTITIES 791,250.11$ 624,430.67$ 78.92%166,819.44$ -$
CURRENT PRINCIPAL BONDS 1,211,203.30$ 625,021.00$ 51.60%586,182.30$ -$
CURRENT INTEREST BONDS 279,090.00$ 141,442.10$ 50.68%137,647.90$ -$
Total GENERAL FUND 28,461,478.56$ 16,410,814.12$ 57.66%12,050,946.89$ 1,900,340.37$
City of South Burlington General Ledger
Expenditure Report - ENTERPRISE FUND/W.P.C.
Current Year Period 8 February
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 8 Feb
W/POLLUTION CONTROL EXPS.
Salaries-Permanent 672,300.45$ 417,846.53$ 62.15%254,453.92$ 48,309.82$
Payment to Highway-wages 250,000.00$ -$ 0.00%250,000.00$ -$
Leave Time Turn-In 7,000.00$ -$ 0.00%7,000.00$ -$
Salaries-Overtime 50,000.00$ 47,292.72$ 94.59%2,707.28$ 6,135.46$
Payment to Sick Bank Fund 6,677.02$ -$ 0.00%6,677.02$ -$
Payroll Service 1,796.41$ -$ 0.00%1,796.41$ -$
PAFO Certification 29,065.71$ 7,185.80$ 24.72%21,879.91$ 876.88$
Sick Bank Payouts 10,000.00$ -$ 0.00%10,000.00$ -$
Fringe Benefits 4,135.00$ 600.00$ 14.51%3,535.00$ -$
FICA/Medicare 58,780.01$ 36,775.00$ 62.56%22,005.01$ 4,295.35$
Payment to Highway-FICA/M 33,420.18$ -$ 0.00%33,420.18$ -$
Vision Plan 2,829.21$ 458.09$ 16.19%2,371.12$ 60.84$
Disability Insurance 2,175.17$ 4,076.02$ 187.39%(1,900.85)$ 565.76$
Long Term Disability Insu 4,148.39$ -$ 0.00%4,148.39$ -$
Group Health Insurance 196,366.10$ 65,377.83$ 33.29%130,988.27$ 13,636.50$
Group Life Insurance 2,829.21$ 561.03$ 19.83%2,268.18$ 78.38$
Group Dental Insurance 7,893.29$ 4,820.52$ 61.07%3,072.77$ 1,165.93$
Pension 85,733.42$ 44,454.43$ 51.85%41,278.99$ -$
ICMA Match 29,065.71$ 15,044.36$ 51.76%14,021.35$ 1,810.26$
Pension Note Payment 39,075.00$ -$ 0.00%39,075.00$ -$
Office Supplies 2,000.00$ 1,406.95$ 70.35%593.05$ 185.47$
Plant Supplies 120,000.00$ 82,672.70$ 68.89%37,327.30$ 8,191.70$
Polymer 100,000.00$ 33,836.35$ 33.84%66,163.65$ -$
Sewer Line Maint/Supplies 25,000.00$ 32,770.36$ 131.08%(7,770.36)$ -$
Pumping Station Supplies 25,000.00$ 75,736.42$ 302.95%(50,736.42)$ 39,439.82$
Laboratory Supplies 13,000.00$ 7,626.48$ 58.67%5,373.52$ 1,250.89$
Caustic Soda and Lime 120,000.00$ 121,898.30$ 101.58%(1,898.30)$ 36,212.48$
Alum 180,000.00$ 170,357.02$ 94.64%9,642.98$ 30,251.82$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 8 Feb
Water-Airport-B/B-Pump 1,600.00$ 1,064.51$ 66.53%535.49$ 83.43$
Generator Preventive Main 10,000.00$ 4,062.22$ 40.62%5,937.78$ -$
Clothing Supplies 4,250.00$ 2,865.95$ 67.43%1,384.05$ 351.25$
Truck Parts 12,500.00$ 6,377.19$ 51.02%6,122.81$ 697.75$
Gas - Diesel Fuel - Oil 12,000.00$ 15,694.45$ 130.79%(3,694.45)$ 2,051.75$
Fuel - Airport Parkway 60,000.00$ 51,330.39$ 85.55%8,669.61$ 20,474.45$
Fuel - Bartlett Bay 6,000.00$ 4,438.41$ 73.97%1,561.59$ 2,961.99$
Telephone and Alarms 6,500.00$ 5,728.24$ 88.13%771.76$ 508.11$
Memberships/Dues 20,000.00$ 3,290.50$ 16.45%16,709.50$ 1,075.00$
Discharge Permits 15,000.00$ 3,750.00$ 25.00%11,250.00$ -$
Workers Comp Insurance 22,127.75$ 20,325.69$ 91.86%1,802.06$ 4,795.33$
Property Insurance 70,040.34$ 49,180.21$ 70.22%20,860.13$ 14,258.59$
Unemployment Insurance 902.00$ -$ 0.00%902.00$ -$
Safety 5,000.00$ 27,737.89$ 554.76%(22,737.89)$ 13,556.00$
Billing Payment to CWD 69,342.00$ 34,671.00$ 50.00%34,671.00$ 34,671.00$
Soil/Sludge Management 135,000.00$ 108,975.90$ 80.72%26,024.10$ 8,832.35$
Landfill Fees 1,000.00$ -$ 0.00%1,000.00$ -$
HVAC Maintenance 35,000.00$ 20,327.07$ 58.08%14,672.93$ 5,054.59$
Auditing 4,246.55$ -$ 0.00%4,246.55$ -$
Engineering/Consulting 15,000.00$ 14,666.87$ 97.78%333.13$ 5,752.17$
Landfill Engineering 17,500.00$ 27,371.81$ 156.41%(9,871.81)$ 2,661.52$
Administrative Services 149,344.05$ -$ 0.00%149,344.05$ -$
Burlington Sewer Lines 5,000.00$ 905.62$ 18.11%4,094.38$ -$
Travel & Training 6,000.00$ 3,213.07$ 53.55%2,786.93$ 21.00$
Utilities-Pumping Station 105,000.00$ 56,904.48$ 54.19%48,095.52$ 9,815.10$
Electric-Airport Parkway 200,000.00$ 154,211.14$ 77.11%45,788.86$ 40,399.37$
Electric-Bartlett Bay 145,000.00$ 97,080.60$ 66.95%47,919.40$ 18,611.12$
Replacement-Vehicles 220,000.00$ 162,758.94$ 73.98%57,241.06$ 84,873.76$
Building Improvements 2,500.00$ 874.10$ 34.96%1,625.90$ -$
Pumps Replacements 50,000.00$ 37,628.71$ 75.26%12,371.29$ 11,643.49$
Pump Repairs 40,000.00$ 42,631.45$ 106.58%(2,631.45)$ 13,366.76$
PMT to SW for Hadley Loan 73,000.00$ 73,649.00$ 100.89%(649.00)$ -$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 8 Feb
Airport Pkwy Upgrade/Expn -$ 299,997.00$ 100.00%(299,997.00)$ -$
Bartlett Bay Upgrades 400,000.00$ 52,508.25$ 13.13%347,491.75$ 10,216.00$
Hadley Sewer Project 111,786.54$ -$ 0.00%111,786.54$ -$
Loan for Hadley Sewer -$ 111,786.54$ 100.00%(111,786.54)$ -$
Loan for Airport Parkway 965,647.23$ -$ 0.00%965,647.23$ -$
Capital Improvements-CIP -$ 35,204.39$ 100.00%(35,204.39)$ 775.17$
Total ENTERPRISE FUND/W.P.C.5,074,576.74$ 2,702,008.50$ 53.25%2,372,568.24$ 499,974.41$
City of South Burlington General Ledger
Expenditure Report - STORM WATER UTILITIES
Current Year Period 8 February
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 8 Feb
S/WATER UTILITIES EXPS
Salaries-Permanent 545,117.10$ 254,738.69$ 46.73%290,378.41$ 36,630.31$
Payment to Highway-Wages 78,215.00$ -$ 0.00%78,215.00$ -$
Salaries-Overtime 23,000.00$ 5,837.09$ 25.38%17,162.91$ 1,422.12$
Payment to Sick Bank Fund 5,392.16$ -$ 0.00%5,392.16$ -$
Payroll Service 1,347.31$ -$ 0.00%1,347.31$ -$
Fringe Benefits 7,238.00$ -$ 0.00%7,238.00$ -$
FICA/Medicare 43,460.96$ 21,121.12$ 48.60%22,339.84$ 3,059.68$
Vision Plan 582.94$ 285.65$ 49.00%297.29$ 48.60$
Disability Income Insuran 4,878.93$ 3,509.58$ 71.93%1,369.35$ 567.10$
Group Health Insurance 153,953.83$ 230,732.08$ 149.87%(76,778.25)$ 21,719.31$
Health Insurance FICA 2,080.03$ -$ 0.00%2,080.03$ -$
Group Life Insurance 2,360.28$ 483.47$ 20.48%1,876.81$ 78.37$
Group Dental Insurance 5,930.59$ 3,484.24$ 58.75%2,446.35$ 999.82$
Pension 93,238.50$ -$ 0.00%93,238.50$ -$
ICMA Match 27,189.96$ 17,749.43$ 65.28%9,440.53$ 2,845.48$
Pension Note Payment 26,910.00$ -$ 0.00%26,910.00$ -$
Office Supplies 1,000.00$ 1,199.05$ 119.91%(199.05)$ 98.20$
Small Equipment/Tools 2,000.00$ 717.72$ 35.89%1,282.28$ -$
Uniforms/Supplies 6,500.00$ 3,740.34$ 57.54%2,759.66$ 484.16$
Gasoline 2,250.00$ 2,307.76$ 102.57%(57.76)$ 359.34$
Oil 250.00$ 81.81$ 32.72%168.19$ 18.06$
Diesel Fuel 4,500.00$ 6,751.68$ 150.04%(2,251.68)$ 465.50$
Permit Requirement-Educat 7,000.00$ 6,000.00$ 85.71%1,000.00$ -$
Telephone 2,000.00$ 1,322.35$ 66.12%677.65$ 167.10$
Membership/Dues 300.00$ 606.00$ 202.00%(306.00)$ 506.00$
Discharge Permits Renewal 18,000.00$ 18,895.57$ 104.98%(895.57)$ -$
Workers Comp Insurance 19,554.75$ 15,823.41$ 80.92%3,731.34$ 4,237.73$
Property Insurance 16,197.44$ 11,373.39$ 70.22%4,824.05$ 3,297.43$
% Budget Unencumbered FY-22/23 MTD
Account Budget Expenditures Expended Balance Pd 8 Feb
Unemployment Insurance 902.00$ -$ 0.00%902.00$ -$
GIS-Fees/Software 50,000.00$ 29,081.76$ 58.16%20,918.24$ 11,124.11$
Sediment & Depris Disposa 200.00$ -$ 0.00%200.00$ -$
Water Quality Monitoring 15,000.00$ 11,699.49$ 78.00%3,300.51$ 3,845.16$
Building/Grounds Maint 200.00$ 149.99$ 75.00%50.01$ -$
Vehicle Maintenance 5,000.00$ 9,576.04$ 191.52%(4,576.04)$ 2,788.79$
Storm System Maint Materi 55,000.00$ 110,062.90$ 200.11%(55,062.90)$ 1,736.56$
Printing 100.00$ -$ 0.00%100.00$ -$
Legal Services 20,000.00$ 343.13$ 1.72%19,656.87$ -$
To GF-Audit and Actuary 6,180.66$ -$ 0.00%6,180.66$ -$
Engineering-Watershed 40,000.00$ -$ 0.00%40,000.00$ -$
Billing Payment CWD 69,342.00$ 34,671.00$ 50.00%34,671.00$ 34,671.00$
Office Equipment Maintena 2,500.00$ 1,817.50$ 72.70%682.50$ 295.75$
Equipment Rental 250.00$ -$ 0.00%250.00$ -$
Administrative Services 102,103.95$ -$ 0.00%102,103.95$ -$
Conference/Training Expen 8,000.00$ 4,758.12$ 59.48%3,241.88$ 4,279.55$
S/W Bldg Utilities 3,250.00$ 3,362.68$ 103.47%(112.68)$ 2,720.35$
Stormwater Pumps Electric 300.00$ 151.76$ 50.59%148.24$ 21.62$
Vehicles/Equipment 421,000.00$ 34,932.79$ 8.30%386,067.21$ 34,932.79$
Stormwater Capital Projec 2,481,000.00$ 1,112,956.66$ 44.86%1,368,043.34$ 29,604.13$
Office Furniture/Equipmen 1,000.00$ 1,327.19$ 132.72%(327.19)$ -$
Flow Restoration Plan Ana 5,000.00$ -$ 0.00%5,000.00$ -$
Reim to Highway-Benefit 33,420.18$ -$ 0.00%33,420.18$ -$
Total STORM WATER UTILITIES 4,420,196.57$ 1,961,651.44$ 44.38%2,458,545.13$ 203,024.12$
City of South Burlington General Ledger
Revenue Report - GENERAL FUND
Current Year Period 8 February
Estimated Received % Budget Uncollected FY-22/23 MTD
Account Revenue To Date Received Balance Pd 8 Feb
TAX REVENUE
TAX REVENUE 18,202,812.57$ (14,948,168.31)$ 82.12%3,254,644.26$ (1,556,781.23)$
LOCAL OPTION TAXES 4,033,388.90$ (3,040,011.85)$ 75.37%993,377.05$ (1,283,265.40)$
Total TAX REVENUE 22,236,201.47$ (17,988,180.16)$ 80.90%4,248,021.31$ (2,840,046.63)$
INTEREST/PENALTY ON TAX 379,000.00$ (186,627.65)$ 49.24%192,372.35$ (5,180.47)$
Other Health Services 247,346.40$ (132,773.14)$ 53.68%114,573.26$ (16,315.68)$
CITY MANAGER 1,463,078.08$ (586,344.94)$ 40.08%876,733.14$ (76,298.28)$
CITY CLERK 383,100.00$ (170,227.23)$ 44.43%212,872.77$ (22,424.39)$
PLANNING 383,100.00$ (431,393.08)$ 112.61%(48,293.08)$ (133,559.23)$
FIRE DEPARTMENT 489,000.00$ (738,033.03)$ 150.93%(249,033.03)$ (46,152.76)$
ELECTRICAL INSPECTION 65,000.00$ (165,444.55)$ 254.53%(100,444.55)$ (5,762.69)$
AMBULANCE 721,000.00$ (618,557.61)$ 85.79%102,442.39$ (74,316.52)$
POLICE DEPARTMENT 517,997.24$ (145,380.87)$ 28.07%372,616.37$ (18,419.64)$
HIGHWAY DEPARTMENT 1,394,855.38$ (638,983.53)$ 45.81%755,871.85$ (27,816.42)$
RECREATION 171,500.00$ (116,044.70)$ 67.66%55,455.30$ (15,732.50)$
PUBLIC LIBRARY 10,300.00$ (6,799.21)$ 66.01%3,500.79$ 227.81$
Total GENERAL FUND 28,461,478.57$ (21,924,789.70)$ 77.03%6,536,688.87$ (3,281,797.40)$
City of South Burlington General Ledger
Revenue Report - ENTERPRISE FUND/W.P.C.
Current Year Period 8 February
Estimated Received % Budget Uncollected FY-22/23 MTD
Account Revenue To Date Received Balance Pd 8 Feb
CHARGES FOR SERVICES
W.P.C. User Fees 3,783,418.00$ (2,441,033.34)$ 64.52%1,342,384.66$ (218,200.85)$
Sewer Septage Revenue 25,000.00$ -$ 0.00%25,000.00$ -$
Connection Fees 500,000.00$ (1,035,087.83)$ 207.02%(535,087.83)$ (384,791.58)$
Enviromental Impact -$ (14,148.00)$ 100.00%(14,148.00)$ -$
Total CHARGES FOR SERVICES 4,308,418.00$ (3,490,269.17)$ 81.01%818,148.83$ (602,992.43)$
BOND AND LOAN PROCEEDS
Colchester A/P Pkwy Pm 742,310.00$ -$ 0.00%742,310.00$ -$
GF Note Repay-Solar 12,004.68$ -$ 0.00%12,004.68$ -$
Total BOND AND LOAN PROCEEDS 754,314.68$ -$ 0.00%754,314.68$ -$
MISCELLANEOUS
Miscellaneous Rev.-W.P 10,000.00$ (36,344.17)$ 363.44%(26,344.17)$ -$
Total MISCELLANEOUS 10,000.00$ (36,344.17)$ 363.44%(26,344.17)$ -$
Total ENTERPRISE FUND/W.P.C. 5,072,732.68$ (3,526,613.34)$ 69.52% 1,546,119.34$ (602,992.43)$
City of South Burlington General Ledger
Revenue Report - STORM WATER UTILITIES
Current Year Period 8 February
Estimated Received % Budget Uncollected FY-22/23 MTD
Account Revenue To Date Received Balance Pd 8 Feb
S/WATER UTILITIES REVENUE
Intergovernmental Revenue 826,506.98$ (2,500.00)$ 0.30%824,006.98$ -$
S/W User Fees - Water Bil 2,707,767.59$ (1,573,254.15)$ 58.10%1,134,513.44$ (83,717.92)$
Pmts from other towns 40,000.00$ -$ 0.00%40,000.00$ -$
Land Owner Payments 100,000.00$ (82,143.62)$ 82.14%17,856.38$ -$
Stormwater Miscellaneous 30,000.00$ -$ 0.00%30,000.00$ -$
Hadley Sewer Proj-Sewer f 73,000.00$ (73,649.00)$ 100.89%(649.00)$ -$
Reserve Transfer In 635,778.00$ -$ 0.00%635,778.00$ -$
Total S/WATER UTILITIES REVENUE 4,413,052.57$ (1,731,546.77)$ 39.24%2,681,505.80$ (83,717.92)$
180 Market Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.southburlingtonvt.gov
TO: South Burlington City Council
Jessie Baker, City Manager
FROM: Martha Machar, Finance Director
DATE: March 15, 2023
RE: Purchasing Policy-Update to Federal Procurement procedures
______________________________________________________________________________
Per the recommendation from the City’s annual auditor and the state auditor, find attached a draft
updated purchasing policy. These updates ensure the City’s purchasing policy meets the
requirements of all federal regulations for federal grant awards. Noncomplaince with Federal
regulations results in being denied federal grant awards.
Office of Management and Budget (OMB) which provides uniform guidances for federal awards
regularly make updates to rules and regulations to streamline guidance for the management of
federal grant awards and to strengthen oversight of federal funds. The City’s purchasing policy
was not updated to reflect current OMB’s Uniform Guidance issuance. With your approval of the
attached updated purchasing policy, the City will be in compliance with all federal awards
requirements.
There are also administrative edits to the existing purchasing policy. With the promotion of the
Finance Officer to Finance Director, the finance duties that were previously under the Deputy
City Manager (DCM) are now functions of the Finance Director. Many of the edits are to replace
DCM with Finance Director so the purchasing policy aligned with jobs functions of the DCM
and Finance Director.
Sources:
Code of Federal Regulations (CFR): 2 CFR 200
VLCT Purchasing policy model
PURCHASING POLICY
PURCHASING
I. PURPOSE.
The purposes of this Purchasing Policy are to: obtain the highest quality goods and services for the
City of South Burlington at the lowest possible price; to exercise financial control over the
purchasing process; to clearly define authority for the purchasing function; allow fair and equal
opportunity among qualified suppliers; and provide for increased public confidence in the
procedures followed in public purchasing.
II. RESPONSIBILITY.
Primarily it is the responsibility of the Department Head to: manage his/her budget so that no
expenditure line is over spent without corresponding revenue to match an over expenditure; and,
obtain prior final approval from Finance Director. If there is no corresponding or offsetting revenue
then the Department Head must identify what expenditure line(s) will be under spent in a
corresponding amount.
III. PURCHASE AUTHORIZATION.
All purchases that are $10,000 or more must have a City of South Burlington Purchase Order (PO)
form which shall accompany the invoice to pay for each purchase. The City Charter section 13-
904(m) states, “The manager may, when advisable or proper, delegate to subordinate officers and
employees of the city, any duties conferred upon him or her by this charter or by action of the
council, and hold them responsible for the faithful discharge of such duties, but the City Manager
shall remain ultimately responsible to the council for all administrative actions under his or her
jurisdiction”, and through this Policy the Manager so delegates authority to the Finance Director.
All Purchase Orders, whether or not the cost crosses fiscal years, must have signed approval to
expend for a single item, a series of items or an open Purchase Order as follows:
a. All individual purchases, or anticipated aggregate purchases from the same vendor of less than
$10,000 must be approved by the Department Head. Individual purchases, or anticipated
aggregate purchases from the same vendor of $10,000 to $25,000 must be approved by the
Department Head and Finance Director prior to actual purchase(s) being made.
b. Individual purchases or anticipated aggregate purchases from the same vendor of more than
$25,000 must be approved by the Department Head, Finance Director and City Manager prior
to actual purchase(s) being made.
c. The City Charter section 13-1307 states, “The Manager and School Superintendent,
respectively, may at any time transfer an unencumbered appropriation balance or portion
thereof between general classifications of expenditures within an office, department, or agency
under his jurisdiction. At the request of the manager or school superintendent and within the
last three months of the budget year, the Council and Board of School Directors, respectively,
may by resolution transfer any unencumbered appropriation balance or portion thereof within
the budgets from one department, office, or agency under their jurisdiction to another.”
IV. VENDOR SELECTION CRITERIA.
Vendors will be selected on a competitive basis. However, it is recognized that the lowest price is
not always in the best interest of the City and other factors should be taken into consideration.
Purchases shall be awarded to the lowest, best qualified, responsive and responsible vendor. In
determining the “lowest, best qualified, responsive and responsible vendor”, in addition to price,
the following shall be considered:
a. The substantial performance of the bidder in meeting the specifications and other terms
and conditions of the solicitation.
b. The ability, capacity and skill of the vendor to perform the contract or provide the material
or service required, and to do so promptly or within the timeline specified.
c. The experience, financial resources and performance under previous contracts of the
vendor.
d. The quality, availability, and adaptability of the service or product being purchased and the
ability of the vendor to provide future maintenance and supply parts, if necessary.
e. Each City department shall maintain project files to document the performance of every
vendor, contractor and consultant used by that department to aid in making future basis of
bid award recommendations.
V. VENDOR SELECTION PROCESS.
When making any purchase the vendor selection process for each Fiscal Year is:
a. When purchases from a vendor will total less than $10,000 (single or aggregate), the
Department Head can determine the vendor.
b. When purchases from a vendor will total $10,000 to $25,000 the Department Head must solicit
and document quotes, (can be from catalogs) from at least two vendors unless:
i. The City Manager has approved a sole source vendor or other exception as noted in
this Policy;
ii. The vendor has been re-qualified through a retainer selection process for specialized
professional construction services;
iii. The purchase is for something for which there can be no competition (tax repayment,
being on city payroll, postal service, etc.); or,
iv. In the case of an emergency.
c. When purchases from a vendor total more than $25,000, Department Head must follow the bid
process as defined in the vendor bid process unless the City Manager has approved a sole
source vendor or other exception as noted in this Policy, the vendor has been pre-qualified
through a retainer selection process for specialized professional or construction services, or in
the case of an emergency need.
d. All vendor solicitations, and in particular those subject to grant approval, must incorporate a
clear and accurate description of the technical requirements for the material, product or service
to be procured. Such description must not, in competitive procurements, contain features which
unduly restrict competition. The description may include a statement of the qualitative nature
of the material, product or service to be procured and when necessary, must set forth those
minimum essential characteristics and standards to which it must conform if it is to satisfy its
intended use. Detailed product specification should be avoided if at all possible. When it is
impractical or uneconomical to make a clear and accurate description of the technical
requirements, a “brand name or equivalent” description may be used as a means to define the
performance or other salient requirement of procurement. The specific features of the named
brand which must be met by the offers must be clearly stated; and identify all requirements
which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
PURCHASE ORDERS
After following the vendor selection process all non-exception purchases must be made following
the procedures and criteria set forth in this Policy. The appropriate department will complete the
PO, signed by that Department Head and submit to the staff member in the Finance Department
(FD) responsible for Accounts Payable (AP). POs must be completed in their entirety before being
sent to AP. If a purchase is:
a. From $10,000 to $25,000, a PO must be sent prior to purchase. AP will send the PO to the
Finance Director for approval, or
b. Greater than $25,000, a PO must be sent prior to purchase. AP will send the PO to the Finance
Director who, if approved, sends the PO to the City Manager for final decision.
If the Finance Director approves the PO, as required above, the PO will be returned to AP. If the
Finance Director does not approve the PO then the Finance Director and Department Head must
meet to resolve purchase questions.
Once the purchase has been made and an invoice is received the department will confirm the
invoice against the PO and if acceptable, send the invoice, supporting documentation and a copy
of PO to AP for processing.
Departments have direct access to NEMRC, so it is the department’s responsibility to track
purchases so the department knows when a proposed purchase will over expend a budget line. If
an over expenditure of the budget line will result from the purchase in an amount exceeding
$10,000, the Department Head will meet with the Finance Director to determine which other
budget line(s) in the departmental budget money will be reduced in an amount equal to the
proposed over expenditure. If the proposed over expenditure of the budget line is greater than
$10,000 but less than or equal to $25,000 and the Finance Director agrees to the reduction in other
budget line(s), the Finance Director may approve the PO. If the proposed over expenditure of the
budget line is over $25,000 approval must be obtained from the City Manager.
Voter approved budget allocations will not be changed in the general ledger due to modification
of approved expenditure. Each over expenditure shall be recorded within NEMRC. Changing
budgeted amounts will make it harder to track expenditures for future years making proper
budgeting difficult.
AUTHORIZATION TO PURCHASE
Department Heads will, annually, create a written list of all staff within his/her department
authorized to purchase items. In determining the number of staffs to be on that list the Department
Head should balance ease of purchases with the goal of minimizing the risk of improper purchases.
The list shall be sent to the AP by July 15th for review. If there are any concerns about the
departmental staff on the list and these concerns cannot be resolved with the Department Head,
then the Finance Director or City Manager will make the final decision as to who within a
department is authorized to make purchases.
INVENTORY CONTROL
All Department Heads are responsible for ensuring that what is ordered is what is received and
then used appropriately for city needs.
Process for receiving goods: Within each department, staff member(s) will be designated by the
Department Head to check orders when received. The review shall confirm that the delivered
item(s) matches both the packing slip as well as the purchase order if the purchase order was used.
Department Head will confirm by signing the PO or the invoice that the order was checked and
met requirements.
Process for inventory control: Department Heads will develop, institute and maintain an
inventory control system which will allow:
Tracking of all purchased items coming into the department.
Tracking of the status of an item(s).
Confirmation of whether an item is still in inventory.
Certification that all purchased items have been used as identified on the Purchase Order.
EXCEPTIONS TO PURCHASE ORDER AND/OR SELECTION PROCESS
Exceptions from Purchase Order and Selection Requirements:
Emergency purchases: are exempt from the Purchase Authorization and Selections processes
identified in the Policy.
Items that are $10,000 or less: purchasing of goods/services that are $10,000 or less do not
require a purchase order. Departments can choose to use purchase order form as an approval
voucher.
Payroll and Other Special Purchases: Payment of payroll, benefits, tax payments, stipends
(committees, election workers, City Councilors, etc.), tax refunds, refunds for recreation payments
and similar types of expenditures are exempt from the Purchase Authorization and Selections
processes identified in the Policy. Appropriate department will forward documentation to
Accounts Payable for these payments to be made.
Recurring Payments: Purchases of utilities, legally required notices, contracted debt services,
employee benefits, etc. do not require a Purchase Order regardless of the amount. The Department
Head is responsible to notify the Finance Director if payment of an excepted item(s) will exceed
budgeted amount. During the development of the next fiscal year budget Department Heads should
identify these recurring payments to insure that the costs are included in their departmental budget.
Professional Service Contract Policy: There will be times when the City will need to contract
for professional services such as training consultants, actuaries, project analysts, etc. Based on the
needs of the City it is discretionary as to the process used to select a Professional Service
Contractor except where the City Charter expressly authorizes the Council to make said
appointment.
It is the policy of the City that when there is such a need, and when there has been money budgeted
for such a service and when the total fiscal yearly cost for such a service is less than $50,000 the
City Manager is authorized to enter into a professional service agreement without authorization of
the City Council. The City Manager shall in writing inform the City Council of any such agreement
no later than 2 weeks of agreement being approved by the City Manager. The City Manager will
determine whether it is in the best interest of the City to initiate a Request for Proposal or follow
a different selection process.
For any such agreement where the total cost is over $50,000, or when a second agreement within
the fiscal year with the same contractor will, combined with the original agreement, total more
than $50,000, the City Manager and Finance Director shall assess whether it is in the best interest
of the City to conduct a Request for Proposal and explain their recommendation to the City
Council. The Council will decide in this situation whether to conduct a Request For Proposal or
follow a different selection process.
Exception to Selection Process:
Sole Source Purchases: If the City Manager determines that there is only one possible source for
a proposed purchase, City Manager may waive the selection process and authorize the purchase
from the sole source.
State and/or Federal Contract Pricing: If a purchase is to be made utilizing a state or federal
contract price, or other regional/collaborative purchasing initiatives and if it is documented the
contract price is at or below usual pricing, then the selection process is waived.
Exceptions to Purchase Order Process:
Open Purchase Order (OPO): If there will be reoccurring purchases from an approved vendor,
for each purchase up to 90% of the total bid price then individual POs are not needed. Once the
90% threshold has been reached, a new PO must be signed by the Department Head, and sent to
AP prior to any additional purchases or obligation of City funds. This is intended to avoid
overspending the approved OPO limits. Once the OPO financial limits have been met and the
Department Head wants to continue purchasing the types of items being purchased from this
vendor then a new selection process must be initiated. Open Purchase Orders cannot cross fiscal
years, therefore, at the end of the fiscal year a new OPO must be approved.
VENDOR BID PROCESS
All purchases of $25,000 or more, and leases that extend more than two years, shall be subject to
a bid process. The bid process shall be initiated by the issuance of a request for bids prepared by
the Department Head following the standard format outlined in this policy. Notice of the request
for bids shall be made by letters and e-mails to known providers soliciting bid responses,
advertisements posted on the City’s web page, and advertisements placed in the City’s newspaper
of record and such other locations as deemed appropriate by the Department Head or City
Manager.
If federal funding is used for purchasing goods and services, the City will follow procurement
methods outlined in title 2 of the Code of Federal Regulation, Part 200.320. For purchases above
$10,000, price or rate quotes must be obtained from two or more qualified sources following the
affirmative action provision of this policy and all provisions regarding fair and unrestricted
competition. All purchases of $25,000 or more that extend more than two years or construction
projects of any value that are funded with federal dollars must follow a bid process as outlined
below and also follow any procurement guidance as outlined in the grant agreement.
BID SPECIFICATIONS.
When a request for bids has been issued, specifications will be available for inspection at the office
designated in the bid form. Bid specifications shall include:
1. Bid name.
2. Bid submission deadline.
3. Date, location and time of bid opening.
4. Specifications for the project or services including quantity, design and performance
features.
5. Bond and/or insurance requirements.
6. Any special requirements unique to the purchase.
7. Delivery or completion date.
8. For federal grant funded projects, the bidders must also include costs for Davis Bacon
compliance if that is a requirement of the federal agency providing the funding.
9. For construction projects over $2,000 utilizing federal grant funds, a statement that
contractors will be provided with a copy of the most current wage determination (from
the DOL website at http://www.wdol.gov/dba.aspx) and must comply with the Davis
Bacon Act.
10. The following language shall be placed in the Request for Bids/Proposals for all
solicitations of goods and services by the City:
“The City Manager reserves the right at his/her sole discretion to reject any and all bids,
wholly or in part, to waive any informalities or any irregularities therein, to accept any bid
even though it may not be the lowest bid, to call for rebids, to negotiate with any bidder,
and to make an award which in its sole and absolute judgment will best serve the City’s
interest. The City Manager reserves the right to investigate the financial responsibility of
any and all bidders to determine the ability of the bidder to assure service throughout the
term of the contract.”
BID SUBMISSION.
All bids must be submitted in sealed envelopes, addressed to the City Manager’s Office and plainly
marked with the name of the bid and the time of the bid opening. Bid proposals will be date
stamped by City Manager Office or designee on the outside of the envelope immediately upon
receipt. Any bid may be withdrawn in writing prior to the scheduled time for the opening of bids.
Any bids received after the time and date specified shall not be considered and shall be returned
to the bidder unopened.
Bidders shall bid to specifications and any exceptions must be noted. A bidder submitting a bid
thereby certifies that the bid is made in good faith without fraud, collusion, or connection of any
kind with any other bidder for the same work, and that the bidder is competing solely on his/her
behalf without connection with or obligation to any undisclosed person or firm.
BID OPENING.
Every bid received prior to the bid submission deadline will be publicly opened and read aloud by
the City Manager or his/her designee. The bid opening will include the name and address of bidder;
for lump sum contracts, the lump sum base bid and the bid for each alternate; for unit price
contracts, the unit price for each item and the total, if stated; and the nature and the amount of
security furnished with the bid if required.
CRITERIA FOR BID SELECTION.
In evaluating bids, the City Manager or designee will consider the following criteria:
1. Price.
2. Bidder’s ability to perform within the specified time limits.
3. Bidder’s experience and reputation, including past performance for the City.
4. Quality of the materials and services specified in the bid.
5. Bidder’s ability to meet other terms and conditions, including insurance and bond
requirements.
6. Bidder’s history of financial responsibility.
7. Bidder’s availability to provide future service, maintenance, and support.
8. Nature and size of bidder.
9. Any other factors specified in a “Request for Proposals"
10. Any other factors that the City Manager determines are relevant and appropriate in connection
with a given project or service.
11. The bid that best meets the overall needs of the City of South Burlington.
In addition to the above, in the case of a contract supported by federal funds, the additional
criteria shall apply:
1. There shall be no preference exercised for local contractors or suppliers.
2. Minority and women-owned businesses must be included in the solicitation list for the
request for proposal.
3. The council will not select a bidder who is listed on the Excluded Parties List System website
(https: //www.sam.gov).
CHANGE ORDERS.
If specification changes are made prior to the close of the bid process, the Request for Bids will be
amended and notice shall be sent to any bidder who already submitted a bid and a new bid process
will be initiated. Once a bid has been accepted, if changes to the specifications become necessary,
the City Manager or his/her designee will approve a change order specifying the scope of the
change. Once approved, the contractor and an authorized agent of the City must sign the change
order.
RETAINER SELECTION PROCESS.
In order to facilitate cost savings and other efficiencies the City may pre-qualify vendors for
completion of certain specialized services. In order to do so, the City must issue a Request for
Qualifications (RFQ) for the specific service. The RFQ process for any specific service will be for
a period of two to five years. Following the RFQ process, qualified vendors will be included on
retainer for this service. Through the RFQ process, the vendor will have already agreed to provide
services at a fixed rate of compensation and on certain terms. When the City has a project, it can
then contact those firms on the retainer to quickly procure and execute a contract for the specific
project. When requesting bids from pre-qualified vendors, the City must contact a certain number
of vendors based on the estimated contract price for the project. For projects greater than $50,000
and less than $150,000 the City must contact a minimum of two vendors on retainer to obtain bids.
For projects greater than $150,000 the City must contact a minimum of three vendors on retainer
to obtain bids. All final selections must require City Manager’s approval.
AFFIRMATIVE ACTION AND LOCAL PREFERENCE.
Whenever possible, qualified small, minority and women-owned businesses shall be included in
the solicitation lists for bids or non-bid purchases. If the purchase is federally funded in whole or
in part, minority and women owned businesses must be included in the solicitation lists and all
other affirmative action requirements outlined in the grant provisions must be followed. The City
may exercise a preference for local businesses for purchases funded exclusively by the City but
only if such a preference does not result in unreasonable prices or rates due to a lack of competition.
For purchases funded in whole or in part with federal funding the City may not exercise a
preference for local businesses.
CONTRACT COST AND PRICE FOR FEDERAL AWARDS
For project funded with Federal funds, the city will perform independent price analysis and
estimates before receiving bids proposal. The cost plus a percentage of cost and percentage of
construction cost methods of contracting must not be used.
To promote cost-effective use of shared services across the Federal Government the city can enter
into intergovernmental agreements or inter-entity agreements where appropriate for procurement
or use of common or shared goods and services. As allowable per the grant agreement, the City
can use Federal excess and surplus property in lieu of purchasing new equipment and property
whenever such use is feasible and reduces project costs. Also, value engineering clause can be
used to ensures that essential functions are provided at overall lower cost.
Before processing invoices for payment, relevant terms and conditions of the federal grant
agreement and relevant sections of Title 2, Part 200, Subpart E - Cost Principles are referred to
when reviewing invoices for federal funded projects.
DOCUMENTATION.
Records documenting the procurement process including the reason for the specific procurement
method chosen, the basis for the award and contract pricing (showing evidence that the process
was fair and equitable), as well as any other significant decisions that were part of the procurement
process shall be maintained for a period of at least three years from the date of the submission to
the Federal government of the final expenditure report if the purchase or project was funded with
federal grants, or until the completion of any litigation, claim, negotiation, audit, or other action
involving the records, whichever is longer. Otherwise, records shall be maintained by the City in
accordance with the retention and disposition schedules as set by the Vermont State Archivist.
CODE OF CONDUCT.
Employees, officers and agents of the City who are involved in the procurement and selection of
bids and purchases shall make reasonable efforts to avoid real, apparent, or potential conflicts of
interest. No employee, officer or agent of the City shall participate in selection, award, or
administration of a contract if a conflict of interest, real or apparent, would be involved. Such a
conflict would arise when:
The employee, officer or agent, any member of his or her immediate family, his or her
partner, or an organization which employs, or is about to employ, any of the above, has a
financial or personal interest in the firm/vendor selected for award.
An employee, officer or agent of the City who is involved in the procurement and selection
of a bid or purchase and who has a real or apparent conflict of interest must disclose that
conflict of interest within the context of a duly warned Council meeting that occurs before
the bid selection or purchase takes place. Such disclosure must be documented in the
minutes for that meeting which shall be retained as part of the official record surrounding
the bid or purchase.
Officers, employees and agents of the City will not solicit nor accept gratuities, favors or
anything of monetary value from contractors, potential contractors, or parties to sub -
agreements.
Officers, employees and agents who fail to follow the above Code of Conduct shall be
sanctioned or disciplined, to the extent permitted by law, for violations of the above
standards.
DEFINITIONS:
Vendor: Someone from whom a goods or service is purchased.
Purchase: Means buying, renting, leasing, or otherwise acquiring equipment, services or supplies
for a price.
Purchase Order: A buyer-generated document that authorizes a purchase transaction. When
accepted by the seller, it becomes a contract binding on both parties. A purchase order sets forth
the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment,
other associated terms and conditions, and identifies a specific seller.
Emergency: A situation that threatens the health, lives or property of the City, or threatens the
property of the City or the delivery of necessary services to the residents of the City the City
Manager, City Council, and other authorized emergency services personnel shall have the
authority to purchase emergency supplies and services while acting in the best interests of the City.
Emergency expenditures may include immediate repair or maintenance of City property, vehicles,
or equipment if the delay in such repair or maintenance would endanger persons or property or
result in substantial impairment of the delivery of important City services
Open Purchase Order: A customer may sometimes create an open or standing purchase order
which allows the customer to order quantities of the product(s) from the vendor over a period of
time (usually a year) at the specified price. Open POs are often used for services which occur over
a period of time.
ESTABLISHING CREDIT WITH NEW VENDORS
All applications to establish credit with new vendors must be forwarded to the Finance Director’s
attention prior to any commitment being made to a vendor. When forwarding the application please
fill out all information that your department can complete. On a separate sheet please state the
reasons for wanting to establish credit with the vendor as well as what safeguards your department
has in place to assure that only appropriate purchases are to be made. Please also note any similar
types of vendors with whom you already have established credit.
Upon receipt and review of your departmental request the Finance Director will complete any
necessary application information and forward the completed application to the vendor. Once
confirmation has been received that the account has been established, the Finance Director will
notify the department. If the Finance Director has any questions either regarding the application
or the need to establish credit with the vendor the office will contact the appropriate Department
Head to discuss and resolve.
Updated and approved this 20th day of March, 2023.
SOUTH BURLINGTON CITY COUNCIL
__________________________________ ________________________________
Helen Riehle, Chair Meaghan Emery, Vice-Chair
__________________________________ ________________________________
Tim Barritt, Clerk Tyler Barnes
__________________________________
Andrew Chalnick
180 Market Street, South Burlington, Vermont 05403 | 802‐846‐4107 | www.southburlingtonvt.gov
2023 ‐ 5
City Council Resolution
Declaring April 2023 Fair Housing Month
Let it be known to all persons that the City of South Burlington wishes to join with the State of Vermont and
the United States of America in affirming and celebrating the Federal Fair Housing Act of 1968, which serves as
a powerful statement about who we are as a people and the values of equality, equity, and dignity that we
strive to uphold.
Whereas, Vermont extends these protections to people of all ages, marital status, gender identity, sexual
orientation, sources of income and people who have experienced abuse, sexual assault, and stalking as
protected classes; and
Whereas, Vermont took the further step to ensure fair housing by prohibiting discrimination against housing
developments in land use and planning decisions based on the income of intended residents; and
Whereas, inclusive, welcoming, and affordable communities promote diversity and a climate conducive to
equitable and thriving communities; and
Whereas, the City of South Burlington supports the efforts of fair housing organizations, concerned citizens,
and the housing industry to create broader housing opportunities for households of all incomes throughout
the region.
Now, therefore, be it resolved that the City Council of the City of South Burlington, Vermont, hereby
proclaims the month of April to be Fair Housing month, and urges all individuals, institutions, and agencies to
contribute to the observance by continuing our efforts to eliminate housing discrimination in our community
and to increase housing opportunities for all.
Approved this 20th day of March, 2023.
SOUTH BURLINGTON CITY COUNCIL
__________________________________ ________________________________
Helen Riehle, Chair Meaghan Emery, Vice‐Chair
__________________________________ ________________________________
Tim Barritt, Clerk Tyler Barnes
__________________________________
Andrew Chalnick
RESOLUTION STATING SB CITY COUNCIL POSITION ON THE OMNIBUS HOUSING BILL
To begin, we must set the record straight and dispel the notion publicly asserted by Senator Ram
Hinsdale that South Burlington leaders are in “agreement” with housing bill S.100 as proposed. We seek
to uphold smart growth and housing equity principles, and in this regard we support aspects of the bill
but are concerned by many of the bill’s provisions, some of which lack clarity or are too blunt or
impractical as planning instruments. Our City Planner outlined in a letter to the Chair of the Senate
Committee on Natural Resources & Energy several proposed modifications that will, we hope, be
incorporated. We reiterate them below, in addition to articulating our concerns more broadly.
In South Burlington, we have been actively working to meet the housing and service needs of our
growing community. Voters just approved a 5.75% tax rate increase, which will allow us to grow our
police and fire/emergency services, and a $34M bond on needed wastewater infrastructure upgrades.
On the municipal level, well-managed growth means sustainable growth, growth that taxpayers can and
will financially support. The results of Town Meeting Day show that voters supported tax increases and
we are gratified for their trust in municipal leaders. Local government is where everyday people have
the strongest voice in policy decisions, and for this primary reason local control is a cherished American
birthright.
With regards to housing, on average, South Burlington adds over 150 homes per year, a number that is
on the rise. We currently have 1,000 perpetually affordable homes in our city (out of more than 8,000
homes). Here, where the average market rate home sells for $425,000, we are fully cognizant of the
economic and social benefits of providing entry-level housing and perpetually affordable housing. At the
same time, we still have rural areas that are miles away from sewer and water infrastructure.
Section 2 of S.100 directs municipalities to allow dense development “in any district that is served by
municipal sewer and water service that allows residential development.” There are a number of
exceptions, including capacity constraints, flood zones, health hazards, and environmental hazards. We
support these exceptions in their general sense but are concerned that they do not provide enough
certainty. It is also not clear whether this section allows for rural residential areas or for existing homes
within rural areas to be connected to water and sewer service. The listed exceptions further suggest that
municipalities no longer retain the right to delineate current and planned water and sewer service areas.
This local prerogative, as our City Planner explains in his letter, importantly allows municipalities to
ensure that zoning and infrastructure align.
Local control also spurs innovation. In South Burlington, we have two existing programs empowered by
state laws governing Planned Unit Developments (24 V.S.A. §4417) and Transfer of Development Rights
(24 V.S.A. §4423), both of which are designed to redistribute development within a parcel or the
community. These laws allow communities to develop in a high-density, compact manner and support
land conservation in priority areas. These programs go beyond the bill’s affordable housing bonuses to
promote smart growth and equity housing goals, and yet it is not clear whether the bill will allow these
programs to remain in place, and the tools it provides are, we believe, and our City Planner concurs, too
blunt to be practicable.
Finally, with regard to the state’s energy code and accompanying climate goals, it is not clear whether
S.100 authorizes municipalities to establish complementary energy regulations. The South Burlington
City Council recently passed an ordinance that regulates fuel sources, with an exception for affordability,
and will be exploring other regulations. We believe that S.100 should be clarified to allow for regulations
not specifically regulated by Commercial Building Energy Standards or Residential Building Energy
Standards so that we can meet our obligations in our adopted Climate Action Plan.
In South Burlington, and undoubtedly elsewhere, we are in a position where the bill in its current form
will force our Planning Commission to go into reaction mode rather than continue making updates on
bylaws providing for infill in our growth centers. In this regard as well, the bill’s provisions for Act 250,
designed to streamline applications in areas (neighborhoods and village centers) designated for growth,
do not apply to similar areas in South Burlington because of a definition of terms.
Ideally, more regulatory oversight rather than less would be delegated to towns and cities that have a
functionally equivalent set of rules, to remove redundancy and provide for better managed growth in a
way that is accountable to voters and meets affordability and equity goals.
Helen Riehle, South Burlington City Council Chair
Meaghan Emery, South Burlington City Council Vice-Chair
Tim Barritt, South Burlington City Council Clerk
Tyler Barnes, South Burlington City Councilor
Andrew Chalnick, South Burlington City Councilor
1
Jessie Baker
From:Jessica Louisos
Sent:Monday, March 13, 2023 2:23 PM
To:Jessie Baker
Cc:Paul Conner; Kelsey Peterson
Subject:Commission appointments
Dear Jessie,
As the Council considers appointments to the Planning Commission, I thought it would be helpful to have
some insight into what attributes of new Commissioners may complement the existing members
strengths. This has not been a discussion of the Commission, but a generalization on my part as Chair, trying
to evaluate needs based on previous Commission discussions and understanding of the work we do on the
Commission.
1. Diversity of housing/ living types. Current Commissioners live in single family housing and one condo
complex. Recent Commission discussions have identified that no one currently represents people who
rent, living in apartments, or live in multi‐family locations. Our discussions have often touched on
these topics, without direct representation on the Commission.
2. Diversity of technical expertise. People bring many things to the table, not only from their jobs, but
hobbies, schooling, who they have been exposed to, and other interests. A few areas that may add to
current Commissioners experience are:
a. previous City Committee participation ‐ this would allow a new person to hit the ground
running having been previously emersed in a subject‐area Committee, with understanding of
our planning process and direct citizen input.
b. a person with experience in social services, teaching, non‐profit, or medical fields. Insight into
some of the populations served by these services may provide input on people who are not
always well represented.
c. a person with experience in building, development, real estate, or financial aspects of landuse
and housing. We often discuss how our work may affect affordability and constructability, and
do not currently have someone who has this expertise.
d. a person who works in South Burlington or has small business ties.
3. Diversity of locations in the City. We do not currently have Commissioners in City Center, Chamberlin,
or Near Lake areas of the City.
4. Diversity of personal attributes. This may cover many areas of personal attributes. We do not
currently have any younger people or people who are parents of young children. There are many
underrepresented groups.
Thank you,
Jessica Louisos
South Burlington Planning Commission Chair
Notice ‐ Under Vermont’s Public Records Act, all e‐mail, e‐mail attachments as well as paper copies of documents
received or prepared for use in matters concerning City business, concerning a City official or staff, or containing
information relating to City business are likely to be regarded as public records which may be inspected by any person
2
upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us
immediately by return email. Thank you for your cooperation.
1
Jessie Baker
From:Marla Keene
Sent:Thursday, March 16, 2023 11:14 AM
To:Jessie Baker
Cc:Paul Conner
Subject:characteristics of DRB member
Hi Jessie,
Paul asked me to work with Dawn Philibert to develop a list of characteristics for DRB members to provide the Council
some guidance as they embark on interviews next week. Unfortunately I ran out of time to share this work with Paul
before he left for the week, so I am sharing it directly with you. This is largely a cut and paste of my notes from that
conversation, with a little additional explanation where I felt it wasn’t self explanatory.
Mix of skills: It is good to have this mix on the Board.
o Urban planning knowledge
o Civil engineering
o Land use practices
o Architecture
o Understanding of demographics
Ability to get to the heart of an issue
Ability to step back and look wholistically
Cut through noise to get to the substance ‐ good interviewing skills
o This can be without any content knowledge
Not necessary to have a realtor, a business person: we used to think these were useful skill sets but we are
finding they are not value‐added in and of themselves.
Not necessary to have people double up on roles. This is largely in reference to skill sets but also somewhat
applicable to soft skills.
Marla Keene, PE
Development Review Planner
City of South Burlington
180 Market Street
South Burlington, VT 05403
(802) 846‐4106
www.southburlingtonvt.gov
Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters
concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which
2
may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by
return email. Thank you for your cooperation.
2
MEMORANDUM
TO: Jessie Baker, City Manager & South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
Kelsey Peterson, City Planner
SUBJECT: Public Hearing and second reading of LDR Amendment #LDR-22-09
DATE: March 20, 2023 City Council meeting
The City Council last month held a first reading and warned a public hearing on a series of minor amendments
to the Land Development Regulations that would adjust the Environmental Protection Standards adopted in
2022. These amendments were prepared by the Planning Commission in 2022. The Commission held public
meetings in the summer and fall on the proposed changes and held a public hearing on January 10 and 24,
2023. The Commission approved the amendments 5-0.
Staff has not received any written comments as of the date of writing of this memo, however was approached
by a resident who expressed interest in speaking at the hearing.
Summary of Amendments:
The amendments are intended to address small but important issues identified in the first year of existence of
the new Environmental Protection Standards while retaining their overall intent and function. The amendments
include the following:
1) Modification of the Class II wetlands buffer boundary in some residential areas
2) Streamline administrative permitting process
3) Remove permitted, human-made steep slopes from regulation as steep slopes
This amendment applies a modified buffer from Class II wetlands for lots existing as of November 10, 2021 that
were approved for single-family and/or two-family dwellings. In effect, this applies the same standard as before
the most recent update to the environmental standards in the LDRs to relatively small, residential properties. It
recognizes that many residential neighborhoods in South Burlington were designed and constructed taking the
previous 50-foot buffer into account and aligns with expectations of homeowners.
Administratively, it clarifies when Site Plan review is required, when administrative Site Plan Review is required,
and when zoning permit review is required. It clarifies conflict between Article 13 and Article 12 regarding
when administrative Site Plan review is available for stormwater management projects. It also requires
administrative Site Plan review for certain wetland impacts in the City Center Form Based Code district.
This amendment excludes permitted human-made slopes from the definitions of Steep Slopes and Very Steep
Slopes and allows the DRB or Administrative Officer to waive review under Steep Slopes standards if the area of
steep slopes are determined to be de minimis. It also exempts Environmental Restoration Projects, Shoreline
Restoration Projects, and retaining walls in certain districts from steep slope review.
3
Council Public Hearing and Possible Action:
Enclosed are the red-line version of the proposed amendment and the Commission’s Report, approved on
December 13, 2022, which includes an assessment of its consistency with the Comprehensive Plan.
This evening will be the City Council’s (first) public hearing. Under Vermont Law, the Council must hold at least
one duly warned hearing prior to adoption of any amendments to the Land Development Regulations.
Motion to Open Hearing: “I move to open the public hearing on proposed amendment to the Land
Development Regulations #LDR-22-09.”
Once the hearing is opened, staff will provide a brief overview of the amendments. The Council chair will then
invite member of the public who wish to weigh in to do so. Once all public comments have been provided, the
Council may close the public hearing.
Motion to Close Hearing: “I move to close the public hearing on proposed amendment to the Land
Development Regulations #LDR-22-09.”
The Council may then, under the next item on the agenda, discuss the amendment. The Council will have a few
different options here. The Council may adopt the amendments, or make changes. If the Council makes
changes, it is required to hold a new, duly warned public hearing. Options:
• Take a vote to adopt the amendments as presented
• Make a specific change to the amendments as presented, and warn a public hearing for a future date
• Direct staff to prepare a change, which would be brought to a future Council meeting for consideration
and warning of a public hearing for a future date
• Defer any of the above options to a future meeting
Possible Council Action: “I move to adopt proposed amendment to the Land Development Regulations #LDR-
22-09 as presented”
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
PROPOSED AMENDMENTS to the SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Public Hearing Monday, March 20, 2023 at 7:30 pm
PLEASE TAKE NOTICE that the City Council will hold a public hearing on Monday, March 20, 2023 at 7:30 PM
to consider amendments to the Land Development Regulations. The amendments affect all parts of the City
unless otherwise specified below. The hearing will be held in person and remotely via GoToMeeting.
Participation options:
• In Person: City Hall Auditorium, 180 Market Street
• Interactive Online: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting03-20-2023
• Telephone: (224) 501-3412; Access Code 645-781-045
The purpose of the hearing is to consider the following:
A. LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to:
1) Modification of the Class II wetlands buffer boundary in some residential areas
2) Streamline administrative permitting process
3) Remove permitted, human-made steep slopes from regulation as steep slopes
Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning,
City Hall, 3rd Floor, 180 Market Street, and on the city website at www.sbvt.gov.
Helen Riehle, City Council Chair
February 16, 2023
ARTICLE 2 DEFINITIONS
2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard Purposes
* * *
2.02 Specific Definitions
* * *
Elevation. (A) A vertical distance above or below a fixed reference level; (B) a flat scale drawing of the front,
rear, or side of a building.
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit,
or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont
Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow
Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or
redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration
projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to
meet the required pollutant reductions in a TMDL.
Erosion. The process by which the ground surface is worn away by the action of wind, water, gravity, ice or a
combination thereof, or the detachment and movement of soil or rock fragments.
Establishment. An economic unit, generally at a single physical location, where business is conducted or
services or industrial operations are performed.
Environmental Restoration Project: A project authorized under the MS4 General Permit, TS4 General Permit,
or Municipal Roads General Permit (MRGP), that addresses a primary pollution source identified in a Vermont
Department of Environmental Conservation approved watershed implementation plan (i.e. TMDL, Flow
Restoration Plan, or Phosphorus Control Plan) and is not required for the purpose of developing or
redeveloping impervious surfaces. Additionally, any floodplain reconnection or stream channel restoration
projects that are not included in a Flow Restoration Plan or Phosphorus Control Plan, but are necessary to
meet the required pollutant reductions in a TMDL.
* * *
Steep Slopes. Any land formation, aside from individual rocks, with a measured slope of between 15 and 25%
containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and
previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not
be considered, and are excepted from the definition of, “steep slopes”.
Steep Slopes, Very. Any land formation, aside from individual rocks, with a calculated slope of over 25%
containing a vertical drop of at least three (3) feet. Any such land formations that are human-made and
ARTICLE 2 DEFINITIONS
previously permitted by the City, as shown on an approved site plan or other permit documentation, shall not
be considered, and are excepted from the definition of, “very steep slopes”.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
12 ENVIRONMENTAL PROTECTION STANDARDS
12.01 General Protection Standards and Review Procedures
12.02 Restricted Infrastructure Encroachment
12.03 Steep Slopes
12.04 Habitat Block Overlay District
12.05 Habitat Connector Overlay District
12.06 Wetland Protection Standards and Review Procedures
12.07 River Corridor Overlay District
12.08 Flood Hazard AreaFloodplain Overlay District
12.01 General Protection Standards, Classifications and Review Procedures
A. Purpose. It is the purpose of this Article to implement, from a regulatory perspective, the
Comprehensive Plan’s goal of “emphasizing sustainability for long-term viability of a clean and green South
Burlington” and objective to “promote conservation of identified important natural areas, open spaces,
aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and
recreational assets” in balance with the overall goals and objectives of the Comprehensive Plan.
This Article establishes application requirements and development standards designed to avoid or minimize
undue adverse effects on these natural resources. The natural resources regulated in this article may also be
subject to specific subdivision or planned unit development standards. Where there is conflict between
subdivision or planned unit development standards, and the standards in this article, the standard that
imposes the greater restriction shall apply.
B. Classification. For the purposes of these Regulations, resources are grouped into Hazards, Level I and
Level II Resources.
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South Burlington Land Development Regulations
Table 12-01 – Classification of Natural Resources
Location in
Regulations
Initial Identification Field Verification /
HDA
Hazards
Floodplain (1% and 0.2% B2), Floodway 12.08 FEMA FIRM If Requested
River Corridor except intermittent streams 12.07 ANR Atlas If requested
Class I, II Wetlands, Buffers 12.06 ANR Atlas Required
Very Steep Slopes (25+%) 12.03 ANR Atlas If impacted
Level I Resources
Habitat Block Overlay District 12.04 Habitat Block and
Connectors Overlay
District Map
N/A unless seeking
exchange per Section
12.04
Habitat Connector Overlay District 12.05 Habitat Blocks and
Connectors Overlay
District Map
N/A unless seeking
modification per
12.05
Level II Resources
Floodplain (0.2% Zone B1) 12.08 FEMA FIRM If Impacted
Class III Wetlands, Buffers 12.06 ANR Atlas If impacted
Steep Slopes (15 to 25%) 12.03 ANR Atlas If impacted
River Corridor - Intermittent Streams 12.07 Site Mapping If impacted
C. Applicability of Standards. All development must comply with the provisions of this Article, unless
otherwise exempted, in order to prevent undue adverse effects on ecological resources, water quality and
working lands, unless explicitly waived or amended in this section. Exemptions includeThe following
development is exempt from review under this section:
(1) Construction of fences
a. (i) that enclose cleared areas, such as lawn areas surrounding a residence, provided the clearing
occurred prior to November 10, 2021, or was approved by the DRB in accordance with this Article; or
(ii) that are erected for standard agricultural purposes; or,
(1) (iii) that are lower than 4 feet measured from the ground to the highest point of the fence and
that have at least 16 inches of clearance between the lowest horizontal part of the fence and the
ground. In all cases, proposed fences must comply with section 13.17 (Fences) of these Regulations.
b. In all cases, proposed fences must comply with section 13.11 (Fences) of these Regulations.
(2) Exemptions as specified elsewhere in these Regulations.
D. Development Review Process. All. For applications not otherwise subject to Site Plan Review,
Subdivision, or PUD, all development that may encroach upon a natural resource regulated in Article 12 shall
be subject to the submission requirements for a Site Plan Review by the Development Review Board (see
Article 14). However, ifin Appendix E as relevant to documenting the encroachment is proposed as a part of a
subdivision or Planned Unit Developmentimpact on the Article 12 natural resource(s). Such application, the
proposed encroachment shall be reviewed under those procedures and standards instead of Site Plan Review.
Other exceptions include: by the Development Review Board as a miscellaneous application.
(1) Applications involving development on Steep Slopes (Section 12.03)(2) Steep Slopes Only. When
alteration of Steep Slopes and/or Very Steep Slopes (regulated under Section 12.03) is the only encroachment
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
on an Article 12 natural resource, the application shall be subject to administrative Site Plan Review (Section
14.04), unless the application is for a single-household dwelling or, a two-household dwelling, or associatedan
accessory structures, in which case the applicationstructure to a single-household or two-household dwelling.
Such applications shall be subject to zoning permit review by the Administrative Officer.
(3) City Center FBC District. All applications involving development in the City Center Form Based Code
District that may impact a Class II or Class III wetland, or the required buffer for a Class II or Class III wetland
regulated in Section 12.06 shall be subject to administrative Site Plan Review unless referred to the
Development Review Board for Site Plan Review by the Administrative Officer (Section 14.04).
(4) Stormwater. All applications that solely include development related to stormwater management
(Section 13.05) shall be subject to administrative Site Plan Review (Section 14.04).
12.02 Restricted Infrastructure Encroachment
A. Purpose. The purpose of this section is to define specific types of “restricted infrastructure” that may
be allowed to encroach upon a natural resource regulated in Article 12 and to define the standards that shall
be met in order for an encroachment to be allowed.
B. Types of Development. Restricted Infrastructure Encroachments are limited to the types of
development listed in this subsection:
(1) Underground public utilities systems (e.g., water, wastewater, stormwater, electric, broadband,
telephone).
(2) Public sidewalks and recreation paths (including bridges and boardwalks) intended to connect parcels and
neighborhoods, or provide recreational opportunities within areas containing Hazards, Level I Resources,
or Level II Resources.
(3) Public and Private Street crossings designed to cross Hazards, Level I Resources, and Level II Resources
(e.g., designed to minimize disturbance of the subject natural resources).
(4) Public and Private Driveway crossings designed to cross Hazards, Level I Resources, and Level II Resources
(e.g., designed to minimize disturbance of the subject natural resources).
(5) Stormwater Facilities specifically identified as a part of an Environmental Restoration Project.
C. Qualifying Criteria. Encroachment into a natural resource may only be allowed if there is a finding that
the proposed Restricted Infrastructure Encroachment meets one or more of the following qualifying criteria:
(1) Is necessary to repair impacts from a Federally declared disaster, mitigate the future impacts of hazards,
and/or necessary for the protection of the public health, safety and welfare;
(2) Is for a functionally dependent purpose or use;
(3) Is a part of an Environmental Restoration Project;
(4) Is on the Official Map;
(5) Is for purposes of crossing a natural resource area to gain access to land on the opposite side of the area;
or
(6) For purposes of providing safe access in accordance with City roadway and connectivity standards to an
approved use.
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South Burlington Land Development Regulations
D. Development Review Process. Applications involving Restricted Infrastructure Encroachments shall
be subject to the development review process outlined in Section 12.01(D).
E. Standards. All Restricted Infrastructure Encroachments shall meet the following standards:
(1) The encroachment shall not have an undue adverse effect on the subject natural resource and shall meet
all specific, applicable standards for Restricted Infrastructure Encroachments into River Corridors (Section
12.07), Wetlands Buffers (Section 12.06), and Habitat Blocks (Section 12.04).
(2) Street and Driveway Crossings Not On Official Map. Restricted Infrastructure Encroachment projects
involving streets and/or driveways not shown on the City Official Map that cross River Corridors (Section
12.07), Wetlands Buffers (Section 12.06), and/or Habitat Blocks (Section 12.04) may be allowed only upon
a determination by the Development Review Board that all resource-specific standards and the following
standards have been met:
(a) There is no feasible alternative for providing safe access to the developable portion of the
property;
(b) Alternative accesses through adjacent properties have been considered and, where fewer or no
constraints exist, property owners have been contacted to discuss locating the street or driveway
on the adjacent property;
(c) The requirements of the applicable restriction will cause unnecessary or extraordinary economic
hardship;
(d) The area served by the encroachment represents more than thirty (30) percent of the total
developable land on the parcel; and,
(e) The encroachment represents the least possible impact to the specific resource (e.g., location with
least adverse impact, designed to minimize disturbance of the resource).
12.03 Steep Slopes
A. Purpose. It is the purpose of this Section to protect the City’s areas of steep and very steep slopes, as
mapped and delineated for this purpose, in order to:
(1) Prevent erosion and avoid stream sedimentation that may cause undue adverse effects on water quality.
(2) Prevent hazards to life and property resulting from slope instability or failure, including rock falls, slides,
slumps and other downslope movements of materials or structures.
(3) Maintain and re-establish vegetation on steep slopes to stabilize soils.
(4) Ensure that development on steep slopes is constructed and maintained in conformance with best
management practices for construction, stormwater management and erosion control.
B. Applicability. All development is subject to the standards belowin this section where steep slopes or
very steep slopes are present.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E. An analysis of slope stability prepared by a
licensed engineer shall also be submitted to ensure that no erosion hazards are created that would have an
undue adverse effect on surface waters, wetlands, areas of special flood hazards, or downstream facilities, and
any recommended mitigation measures
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South Burlington Land Development Regulations
D. Review Process. Per Section 12.01(D), applications involving development on when alteration of Steep
Slopes or Very Steep Slopes or Steep Slopes (regulated under Section 12.03) is the only encroachment on an
Article 12 natural resource, the application shall be reviewed viasubject to administrative Site Plan Review
(Section 14.09), unless the application is for a single-household dwelling, a two-household dwelling, or an
accessory structure to a single-household or two-household dwelling, in which case the application mayshall
be approved via a subject to zoning permit reviewedreview by the Administrative Officer. The DRB or
Administrative Officer, as applicable, shall have discretion to waive review under Section 12.03 of any area of
Very Steep Slopes or Steep Slopes the DRB or Administrative Officer determine to be de minimis due to its
small size and isolation from other Very Steep Slopes or Steep Slopes.
E. Standards.
(1) Very Steep Slope Standards.
(1)a. Development other than Restricted Infrastructure Encroachment is prohibited on very steep
slopes greater than 25%..
(2) Steep Slope Standards.
a. All development must be designed to avoid undue adverse effects on steep slopes between 15%
and 25%. Clearingwhich may include, but are not limited to, undue clearing of vegetation,
excavation, and/or filling on steep slopes shall be minimized. .
(2)b. All recommendations of the slope stability analysis submitted with the application shall be
required by the DRB or Administrative Officer.
F. Exemptions.
(1) Removal of Earth Products. Slopes exceeding 15 percent that are Steep slopes and very steep slopes
created by an approved removal of earth products removal use shall be exempt from the regulations of
this subsectionSection 12.03.
(2) Environmental Restoration Projects. Environmental Restoration Projects are exempt from the regulations
of Section 12.03.
(3) Shoreline Restoration Projects. Projects with the primary purpose of restoring the shoreline of a lake,
river, or stream through installation of vegetation and other methods that do not include the installation
of structures (e.g., retaining walls), are exempt from the regulations of Section 12.03.
(1)(4) Retaining Walls. Projects that include the installation of new retaining walls only for slope stabilization
and/or erosion control, or the replacement of existing retaining walls, and that are located within the
Residential 1-Lakeshore District, the Lakeshore Neighborhood District, or the Queen City Park District are
exempt from Section 12.03. All other regulations shall still apply.
12.04 Habitat Block Overlay District
A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety
of wildlife species and provide opportunities for some species to access several habitat areas, the City engaged
a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block
Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain
contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and unmanaged
wetlands. Based on the information in that report, the City has designated certain areas permanently as
Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid undue adverse effects
from development on these resources, promote the natural succession of vegetated areas of native vegetation
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase
infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the
Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) On lots less than one (1) acre in size existing as of November 10, 2021;
(2) On land located within a 50-foot horizontal distance of a principal building existing on the same
parcel as of the effective date of these regulations;
(3) On land authorized by the Development Review Board to be removed from or added to a Habitat
Block pursuant to the modification options of this section or as part of a Conservation Planned
Unit Development.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E. Where an applicant elects to perform a
Habitat Disturbance Assessment, the submittal requirements of Section 12.04J shall apply.
D. Modification of Habitat Block. An applicant may request approval from the Development Review
Board to modify a Habitat Block in any of the following manners. An applicant may select any one of the three
modification options below. A development application may not include more than one option for any
application.
Land located within the SEQ-NRP zoning sub-district, Hazards, or Level I Resources, previously approved as
open space or conserved land, subject to a deed restriction prohibiting development, subject to a conservation
or density reduction easement, or owned by the City of South Burlington or the Winooski Valley Parks District
and designated as a park or conservation parcel shall not be eligible for any of the three options to modify a
Habitat Block.
(1) Minor Habitat Block Boundary Adjustment. An applicant may apply to modify the boundary of a Habitat
Block by up to fifty (50) feet in any direction to account for site-specific conditions, upon written request
by the applicant as part of the requisite application. Any proposed reduction in Habitat Block area must
be offset with an equal addition elsewhere within the same subject parcel or Planned Unit Development.
The land to be protected through the modification of the Habitat Block boundary must be contiguous to
the Habitat Block. In no case shall the Development Review Board approve a net reduction of the area of
a Habitat Block.
(2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block
not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for
an equal amount of land within the same Planned Unit Development or Site Plan upon written request,
without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core
Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through
the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block
exchange, the Development Review Board shall require the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for
exchange; and
(b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast
height (dbh) within the exchange area.
(3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block for
the addition of an equal amount of contiguous land within the same Habitat Block upon written request,
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
and pursuant to the standards of this Section. The exchange of land within the same Habitat Block may
occur within one parcel or on separate parcels.
(a) Supplemental submittal requirements.
(i) Indicate, on the Master Plan and all subsequent plans, all proposed alterations to the Habitat
Block.
(ii) Submit, as part of the preliminary plat application, a Habitat and Disturbance Assessment
(HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards
contained within this subsection.
(b) Supplemental Standards of Review. The Development Review Board may approve a re-
designation of a portion of a Habitat Block if it finds that all of the criteria below are met:
(i) The HDA demonstrates that the alteration will not result in a reduction in the Habitat Block’s
function as a Significant Wildlife Habitat;
(ii) Wildlife movement and connectivity between Habitat Blocks will be retained; and,
(iii) Development and infrastructure proposed to be located adjacent to the Habitat Block must
be designed to have no undue adverse effects on habitat functions; and
(iv) The land that will be added to the Habitat Block is contiguous to the land that will not be
removed from the Habitat Block, such that the modified Habitat Block is a continuous whole
that is not interrupted or separated by roadways, railways, or other impeding infrastructure.
(c) Exchanged Land. Land to be added to the Habitat Block pursuant to this subsection must be
identified on the subdivision plat that is recorded, and in associated legal documents, for the
purposes of subsection 12.04(I), below.
(i) Any land proposed to be added shall be accompanied by a restoration plan, prepared by a
landscape architect, professional wildlife biologist, or equivalent, that will result in the land
functioning as a Significant Wildlife Habitat within a period of ten (10) years and being
classified as transitional forest / forest by a land use / land cover assessment at that time.
E. Substantially-Habitat Block-covered lots. A lot containing a combination of Hazards and Level I
Resources exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat Block standards
in the following manners:
(1) As a Conservation Planned Unit Development, subject to the standards of Section 15.C.05; and,
(2) The applicant is entitled to re-designate a portion of the Habitat Block, to allow for thirty (30) percent
of the total parcel area as Buildable Area. The applicant shall provide a proposed redesignation to the
Development Review Board with land designated as, and added to, the parcel’s Buildable Area in the
following order:
• First: Land not a Hazard or Level I Resource;
• Second: Land that is not characterized by a preponderance of mature trees;
• Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which
would sever a Habitat Connector.
• Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest
extent possible;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one
category is designated as Buildable Area, and the allotment of thirty (30) percent of the total
parcel area has not been reached, then land from the next category shall be selected.
(b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area pursuant
to the priority order above is in conflict with the purposes of this section, or where it finds that
strict adherence to the priority order does not allow for a unified PUD consistent with the
purposes or intent of these regulations, it may approve modifications to the land selected. Any
such modifications shall be minimized in terms of land area and changes to, or reordering, the
priority order.
(c) Any land excluded from Habitat Blocks regulated under this subsection and redesignated as
Buildable Area shall remain subject to all other provisions of these Regulations.
F. Standards for Habitat Block Protection.
1) General standards. Except as specifically exempted pursuant to Subsections 12.04(G)(1) and (2) below,
approved by the DRB pursuant to subsection 12.04(G)(3) below, or modified in accordance with Section
12.04(D) above, all lands within a Habitat Block must be left in an undisturbed, naturally vegetated
condition. Specifically:
a) The clearing of trees and understory vegetation is prohibited except as specified in this section.
b) The creation of new lawn areas is prohibited.
c) Snow storage areas are prohibited.
d) Habitat Blocks must be clearly indicated on all plans and demarked as such. Any building envelopes
shall not contain any land located within Habitat Blocks.
e) Supplemental planting and landscaping with appropriate species of vegetation to achieve the
objectives of this Section is permitted.
G. Exempted Uses and Activities. The following uses and activities are exempt from review under this
section:
(1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or
their width prior to adoption of these regulations, whichever is greater;
(2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing
an imminent threat to buildings or infrastructure; and,
(3) Uses and activities enumerated in Section 12.01(C).
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the
Habitat Block and Habitat Connector Overlay Districts Map.
H. Development within Habitat Blocks. The encroachment of new development activities into, and
the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited.
However, the DRB may allow the following types of development within a Habitat Block pursuant to the
standards contained herein:
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
a) The facility shall be strictly limited to the minimum width necessary to function for its intended
purposes;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width
necessary for the facility to function for its intended purposes (street tree requirements shall not
apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet
State or Federal law; and,
c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or
elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts.
(2) Outdoor recreation uses, provided any building, parking and/or driveways appurtenant to such use are
located outside the Habitat Block.
a) Within a public park, structures not exceeding 500 square feet gross floor area are permitted. All such
structures must be consistent with the adopted management plan for the park, if one exists.
(3) Research and educational activities, provided any building or structure (including parking and driveways)
appurtenant to such use is located outside the Habitat Block.
a) Research and educational structures not exceeding 500 square feet gross floor area, such as seating
areas made of natural materials, storage sheds, or climbing structures, may be allowed within a
Habitat Block.
I. Habitat Block and Habitat Connector Overlay Districts Map. The approval of a modification
of a Habitat Block pursuant to Section 12.04D, above, or of the exclusion of an area of land from a Habitat
Block pursuant to Section 12.04E, above, shall, without further action, revise the Habitat Block and Habitat
Connector Overlay Districts Map accordingly. After the effective date of these regulations, the Habitat Block
and Habitat Connector Overlay Districts Map may be revised only once for each Substantially-Habitat Block-
Covered lot from which a portion of the land within the Habitat Block has been excluded.
J. Habitat and Disturbance Assessment (HDA)
(1) Purpose. The Habitat and Disturbance Assessment (HDA) is a tool to inventory and quantify significant
wildlife habitat, and the existence of rare, threatened and endangered species (RTEs), within subject
properties with Habitat Blocks and Habitat Connectors (Section 12.04 and Section 12.05) where an
applicant is seeking to relocate and/or redesignate a portion of the Habitat Block or Habitat Connector.
(2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract
with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development
Review Board shall include the following information:
(a) Site Conditions Map including all Habitat Blocks and Habitat Connectors on or within 200 feet of
the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an
inventory of the specific habitat types found on the parcel and their relative importance to the
various wildlife species that rely on that habitat for one or more life-cycle function;
(c) An assessment of the relationship of the habitat found on the site relative to other significant
wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity
between mapped habitat blocks; is the parcel located contiguous to other significant wildlife
habitat, or part of a habitat block);
(d) Identification of the distance of all proposed development activities (as permitted), including
clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
habitat and, if significant wildlife habitat is proposed to be disturbed, the total area of disturbance
and the total area of the remaining (undisturbed) habitat;
(e) An assessment of the likely impact of the proposed development, including associated activities
(e.g., introduction of domestic pets, operation of vehicles and equipment, exterior lighting,
introduction of non-native species for landscaping) on the ecological function of the significant
wildlife habitat found on the site. This shall include an assessment of whether travel between
Core Habitat Block Areas will be disrupted; and
(f) An assessment of the anticipated functionality of the Habitat Block with proposed mitigation
measures and a statement identifying specific mitigation measures taken to avoid or minimize the
proposed development’s impact on the habitat, including buffers of or from habitat for specific
identified species, possible replacement or provisions for substitute habitats that serve a
comparable ecological function to the impacted habitat, and/or physical design elements to
incorporate into the project.
12.05 Habitat Connector Overlay District
A. Purpose. It is the purpose of this Section to maintain the functionality of identified Habitat Connectors,
allowing species to travel between identified Habitat Blocks, wetland areas, water bodies, and other
natural resources within and adjacent to the City.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Connectors” on
the Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) Lots of less than one (1) acre existing as of the effective date of these Regulations.
(2) Land located within 50 feet horizontal distance of a principal building existing on the same parcel as of
the effective date of these regulations.
C. Standards for Protection of Habitat Connectors.
(1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector
Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally
vegetated condition.
(2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat Connector
may be used to count towards the required 150-foot width of the Habitat Connector.
(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
(4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from
its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must
connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be
accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect,
professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan
of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation
supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must
design the relocated Habitat Connector to support the movement of mammal species such as fisher,
bobcat, river otter, mink and coyote within a period of ten (10) years.
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South Burlington Land Development Regulations
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels
where development is proposed and pre-existing conditions consist of Habitat Connectors that are less
than 150 feet in width along the entire length of the Habitat Connector. Restoration must include a
robust planting plan of native tree and shrub species and specific actions to minimize disturbance to
any existing vegetation supporting a habitat function within areas of the Habitat Connector less than
150 feet wide. The applicant may request, in writing, to waive this requirement. The DRB may grant a
waiver only if restoration of the Habitat Connector is not possible due the placement of pre-existing
structures on the subject parcel.
12.06 Wetland Protection Standards
A. Purpose. It is the purpose of this Section to protect the City’s wetland resources in order to protect
wetland functions and values related to surface and ground water protection, stormwater treatment, wildlife
habitat, and flood control. The City intends to strictly protect Class I wetlands, Class II wetlands, and their
respective buffers via the standards of this section. The City also intends to provide protection that offers
limited flexibility for larger class III wetlands (over 5,000 square feet in size) and their respective buffers, and
for Class II wetlands and their respective buffers in specific identified areas of the City.
B. Applicability. All development in the City of South Burlington shall comply with the requirements of
this section. The requirements of this Section will apply to all lands described as follows, collectively referred
to as Wetlands Areas and Related Buffers:
(1) Class I Wetlands and Related Buffers.
(a) In all City Center Form- Based Code, Commercial, Industrial and Airport, and Other (Municipal
only) zoning districts, as (established and defined in Section 3.01 of these Regulations, all), a Class
I wetlands, and their related buffer areas,area is measured one hundred (100) feet in horizontal
distance from the boundary of the Class I wetland, are subject to the provisions of this section.
(b) Residential Districts and the Park and Recreation Districts. In all Residential and Other (except
Municipal, as enumerated in Subsection B(1)(a))) zoning districts, as established and defined in
Section 3.01, alla Class I wetlands, and their related buffer areas, is measured two hundred (200)
feet in horizontal distance from the boundary of the wetland, are subject to the provisions of this
sectionClass I wetland.
(2) Class II Wetlands and Related Buffers.
(a) In all City Center Form- Based Code, Commercial, Industrial and Airport, and Other (Municipal
only) zoning districts, as (established and defined in Section 3.01 of these Regulations, all), a Class
II wetlands, and their related buffer areas,area is measured fifty (50) feet in horizontal distance
from the boundary of the Class II wetland, are subject to the provisions of this section.
(b) In all Residential and Other (except Municipal, as enumerated in Subsection B(2)(a))) zoning
districts, as established and defined in Section 3.01, alla Class II wetlands, and their related buffer
areas,area is measured one hundred (100) feet in horizontal distance from the boundary of the
Class II wetland, are subject toexcept as under (d) below.
(b)(c) For lots less than 0.5 acres existing as of November 10, 2021, approved for or containing a
single-family or two-family dwelling, the Class II wetlands buffer area is measured fifty (50) feet in
horizontal distance from the boundary of the Class II wetland.
(3) Class III Wetlands. All Class III wetland areas 5,000 square feet or larger in size, and their related buffer
areas, measured fifty (50) feet in horizontal distance from the boundary of the wetland, are subject to
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South Burlington Land Development Regulations
the provisions of this section. Class III wetlands less than 5,000 square feet in size are not regulated by
the City.
C. Application Submittal Requirements. Submittal of a preliminary and/or complete Site Conditions Map
(as applicable to the stage of application) pursuant to Appendix E.
(1) Per Section 17.08, the DRB may require independent technical review of any field delineation and
wetlands report.
(2) The applicant’s application may include a wetlands delineation approved by the Vermont Agency of
Natural Resources as a part of the State Wetlands Permit. The DRB may defer to this delineation in their
review of the application instead of requiring an additional or separate delineation.
D. Standards for Wetlands Protection.
(1) Class I and Class II Wetlands. Development is generally prohibited within Class I wetlands, Class II
wetlands, and their associated buffers. All lands within a Class I wetlands, Class II wetlands, and their
associated buffers, shall be left in an undisturbed, naturally vegetated condition. However, an applicant
may seek approval for a Restricted Infrastructure Encroachment under this section or to modify this
standard per the regulations in Section 12.06(F).
(2) Class III Wetlands. Development in a Class III wetland (meeting 5,000 square foot threshold), and
associated buffer within all zoning districts, is generally prohibited and shall be left in an undisturbed,
naturally vegetated condition. The following activities are permissible, however:
(a) An applicant may seek approval for a Restricted Infrastructure Encroachment under this section
or to modify this standard where allowable per the regulations in Section 12.06(F).
(i) Approved stormwater management systems that do not meet the definition of a Restricted
Infrastructure Encroachment may incorporate a Class III wetland and its related buffer.
(b) Incidental Impacts. Temporary impacts to a Class III wetland buffer (for wetlands that meeting the
5,000 s.f. threshold) that are incidental to an approved development project are allowed. They are not
required to meet the standards in this Section but must be shown on the applicant’s plans. Temporarily
impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the
project.
(c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold)
or its buffer for the purpose of installing underground utilities are not required to meet the standards
in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and
their related buffers shall be returned to their pre-impact state prior to completion of the project.
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of
the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands
buffer that were legally in existence as of the effective date of these regulations shall be considered
non-conforming development. Non-conforming development within a wetlands buffer, may not be
expanded.
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South Burlington Land Development Regulations
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section 12.02
and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider than 24
feet; and,
(b) Roads that bifurcate a wetland or wetland buffer shall propose appropriate mitigation, such as
reduction or elimination of curbing and installation of cross culverts, to enable wildlife passage.
E. Exemptions. The following activities are not required to meet the standards in this section and do not
require a local permit:
(1) Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
Maintenance of pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces
located within a wetlands buffer, and that were legally in existence as of the effective date of these
regulations, does not require a permit.
(2) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. Hand removal (e.g.., non-motorized
or non-mechanized) of invasive species, nuisance plants, and noxious weeds, as identified by the
Vermont Agency of Agriculture, Food & Markets, within Class I, Class II, and Class III wetlands, and
their associated buffers, is exempt from these regulations.
(3) Trails. Establishment and maintenance of unpaved, non-motorized trails, and associate puncheons
and boardwalks, not to exceed ten (10) feet in width located within the buffer area of a Class I, Class
II or Class III wetland. All trails located within this buffer area should be constructed to meet the best
practices outlined in the Recreational Trail Building Guidance document developed by the Vermont
Agency of Natural Resources.
F. Modifications.
(1) Types of Development. An applicant may request a modification, in writing, from the rules of this
section for any development in the following areas only:
(a) Development in a Class II wetland and associated buffer within the Form- Based Code Zoning
Districts.
(b) Re-development of a pre-existing garden, landscaped area/lawn, public infrastructure, structure,
and impervious surface within a Class II wetland buffer in any zoning district, provided the
relocatedre-developed area is of equal or smaller size.
(c) Installation of low-impact development stormwater practices consistent with wetland functions
and plantings with a Class II or Class III wetland buffer.
(d) Development in a Class III wetland exceeding 5,000 square feet in area and associated buffer
within all zoning districts.
(2) Modification Review Process. Modification requests shall be reviewed as follows:
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South Burlington Land Development Regulations
(a) In the City Center Form Based Code District, the Administrative Officer shall have the authority to
review and approve all modification applications as a part of an administrative Site Plan
application.
(b) In all other zoning districts, the Development Review Board shall have the authority to review and
approve all modification applications.
(2)(3) Modification Standards. The Development Review Board or the Administrative Officer, as
applicable, may grant a modification from the rules of this Section only if a modification application
meets all of the following standards:
(a) The modification shall be the minimum required to accommodate the proposed development;
(b) The proposed development will not have an undue adverse effect on the planned character of the
area, as defined by the purpose statement of the zoning district within which the project is located,
or on public health and safety;
(c) The proposed development will not have an undue adverse effect on the ability of the property
to adequately treat stormwater from the site; and,
(d) The proposed development will not have an undue adverse effect upon specific wetland functions
and values identified in the field delineation.
12.07 River Corridor Overlay District (RCO)
A. Purpose. It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to
maintain or reestablish floodplain access and minimize erosion hazards through natural, physical
processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors;
(4) Protect and improve the quality of surface waters and streams within the City of South Burlington;
(5) Provide sufficient space for wildlife habitat along rivers and streams; and,
(6) Provide allowances for infill and redevelopment of designated centers that are within river corridors.
B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a
bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
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South Burlington Land Development Regulations
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F. District General Provisions.
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying
district, or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to the
provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the
stricter provision shall apply.
(2) RCO District Boundaries. The boundaries of the RCO District are as follows:
(a) All River Corridors as published by the Vermont Agency of Natural Resources (including the
Statewide River Corridors and refinements to that data based on field-based assessments which are
hereby adopted by reference).
(b) All land within one hundred (100) feet horizontal of the top of bank or top of slope, whichever
is applicable given the stream’s fluvial geomorphology, along the reaches of the main stem of Potash
Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural
Resources.
(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and
streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out
in the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) RCO District – Classification. River Corridors shall be classified in the following manner per Section
12.01:
a. River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II
Resources.
b. All Other River Corridors. River Corridors on all other streams are Hazards.
(4) Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with
respect to the boundaries of the RCO the location of the boundary on the property shall be
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
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South Burlington Land Development Regulations
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District. The following types of development are prohibited in
the RCO District:
(a) All development, including new structures, structure additions, fill, accessory dwelling units,
and any other development that is not expressly listed as at least one of the Exempted Activities or
Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.
(2) Exempted Activities. The following activities do not require a permit under this section of the bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a
change to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (new transportation or utility development that runs parallel to
the river is not exempt and shall meet the Development Standards in Section 12.07(I) below), dams,
dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams
that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit,
if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s
“Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining
Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by
the Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture,
Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm
structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall
contain a sketch of the proposed structure including setbacks.
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South Burlington Land Development Regulations
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A.
§ 248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance
with 24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(i) Establishment and maintenance of unpaved, non-motorized trails and puncheons not to
exceed ten (10) feet in width.
(j) Maintenance of Existing Gardens, Lawns, Driveways, and other public infrastructure.
Maintenance of existing gardens, landscaped areas/lawns, driveways and other public infrastructure
within the River Corridor in existence as of the effective date of these regulations.
(k) Invasive Species, Nuisance Plants, and Noxious Weeds Removal. The removal of invasive
species, nuisance plants, and noxious weeds, as identified by the Vermont Agency of Agriculture, Food
& Markets, within the River Corridor is an exempt from these regulations.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs and the standards of this section.
(a) Encroachments necessary to repair damage from a Federally-declared disaster and necessary for
the protection of the public health, safety and welfare.
(b) Restricted Infrastructure Encroachment, upon demonstration of compliance with Section 12.02
and the standards of this section.
(c) Replacement of on-site septic systems.
H. Development Review Classification & Referral to Outside Agencies
(1) All land development proposed in the River Corridor is subject to review standards outlined in
Section 12.01(D).
(2) Referrals to outside agencies
(a) Upon receipt of a complete application for development in the River Corridor, the
Administrative Officer shall submit a copy of the application and supporting information to the State
National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in
accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from
the Agency, or the expiration of 30 days from the date the application was mailed to the Agency,
whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of
the application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of
30 days from the date the application was mailed to the Vermont Agency of Natural Resources,
whichever is sooner.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
I. Development Standards. The criteria below are the minimum standards for development in the RCO
District.
(1) New development in the River Corridor, including the creation of new lawn areas, is generally
prohibited.
(2) Natural Vegetation Requirement. All lands within the River Corridor must be left in an
undisturbed, naturally vegetated condition. The clearing of trees and other vegetation is generally
prohibited. This standard also does not apply to forestry operations or silvicultural (forestry)
activities exempt from local zoning regulation or the removal of trees that are dead, diseased,
heavily damaged by ice storms or other natural events, or identified as an invasive species. The
placing or storing of cut or cleared trees and other vegetation is also prohibited.
(a) Pre-existing Non-conforming Lawn Areas. The following section pertains the applications for
new development on lots with pre-existing non-conforming lawn areas located within the River
Corridor.
(i) Single-Household Dwelling and Two-Household Dwelling Land Uses. Development on
lots with existing single or two-household dwelling uses, and pre-existing non-conforming
lawn areas in the River Corridor, shall not be required to brought into conformance with
the natural vegetation requirement in these regulations.
(ii) All Other Land Uses. Development on lots with any other land use (beside a single or two-
household dwelling), and that also includes pre-existing non-conforming lawn areas in the
River Corridor, shall only be approved if the applicant removes at least 50% of the pre-
existing non-conforming lawn area within the River Corridor and completes site
remediation. Site remediation shall include re-seeding the subject area with a naturalized
mix of grasses rather than standard lawn grass and returning the area to a natural state
(no mowing).
(3) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
in the River Corridor provided the proposed land development conforms with the following
standards:
(a) The facility shall comply with the standards in Section 12.02;
(b) The facility must be located at least twenty five (25) feet from the edge of the channel of the
surface water for all water bodies listed in Section 12.07(F)(2)(b) above and ten (10) feet from
the edge of channel of the surface water of all other streams. This standard shall not apply to
the intake of municipal or community water system, or the outfall of a municipal wastewater
treatment or stormwater treatment projects, all of which are functionally dependent upon
access to surface waters. This standard shall also not apply to road crossings, driveway
crossings, public sidewalks and recreation paths (including bridges and boardwalks) intended to
connect parcels and neighborhoods, or provide recreational opportunities, approved under
Section 12.02;
(c) Stream crossings shall provide sufficient space for the passage of small amphibian and
mammalian wildlife typical to the environment in water and on land beneath the structure; and,
(d) The facility shall comply with Section 12.07(I)(5).
(4) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the perimeter of
the outside of the River Corridor to clearly identify and protect the River Corridor. The DRB may
waive this requirement, if petitioned by the applicant, if there is existing forest and/or
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
landscaping along the border of the River Corridor. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(5) All land development in the River Corridor shall also comply with the following standards:
(a) Within Designated Centers. Development within Vermont designated centers shall be only
allowed within the River Corridor if the applicant can demonstrate that the proposed development
will not be any closer to the river than existing adjacent development.
(b) Outside Designated Centers. Development outside of designated centers shall meet the
following criteria:
i.Infill Development. Infill development must be located no closer to the channel than the
adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1);
or,
ii.Down River Shadow. Development shall be located in the shadow area directly behind and
further from the channel than the existing structure, or within 50 feet of the downstream side
of the existing habitable structure and no closer to the top of bank or slope, as applicable.
Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
Figure 1: In-fill Development Standard
Figure 2: Shadow Area Development Standard
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
iii.River Corridor Performance Standard. The proposed development shall:
(a) not be placed on land with a history of fluvial erosion damage or that is imminently
threatened by fluvial erosion; and,
(b) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium
conditions; and,
(c) not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(d) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis
from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 12.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
12.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the general
public and promote the public trust uses of the water shall include a condition prohibiting the permittee
from actively managing the applicable section of river solely to protect the public water access from lateral
river channel adjustment.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage
for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
12.08 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax
base, and the extraordinary public expenditures and demands on public services that result from flooding;
(2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished
in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream
corridor;
(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard
mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood
insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and
§4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified
as within the Floodplain Overlay District designated in Section 3.01(B).
C. [reserved]
D. Administration
(1) Floodplain Review. All development in the City of South Burlington located within the Floodplain Overlay
District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other existing zoning
districts. All other requirements of the underlying district shall apply in addition to the provisions herein,
unless otherwise indicated. The Floodplain Overlay District is composed of two areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1-
30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and as depicted on the Natural
Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1
is composed of areas of the 500-year floodplain that are already substantially developed and
where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.
(2) Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer.
If the applicant disagrees with the determination made by the Administrative Officer, a Letter
of Map Amendment from FEMA shall constitute proof that the property is not located within
the Special Flood Hazard Area.
b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative Officer,
the applicant may appeal the determination in accordance with Article 17.
(3) Base Flood Elevations and Floodway Limits.
a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski
River), the base flood elevations and floodway limits (or data from which a community can
designate regulatory floodway limits) provided by the National Flood Insurance Program in
the Flood Insurance Study and accompanying maps shall be used to administer and enforce
the provisions of these regulations.
b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits
have not been provided by the National Flood Insurance Program in the Flood Insurance Study
and accompanying maps, it shall be the responsibility of the applicant to develop the base
flood elevation at the site using data available from state or federal agencies or other sources.
(4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. These regulations shall not create liability on
the part of the City of South Burlington, or any municipal official or employee thereof, for any flood
damages that result from reliance on these regulations, or any administrative decision lawfully made
hereunder.
(5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or
remove the necessity of compliance with any other local, state, or federal laws or regulations. Where
these regulations imposes a greater restriction the provisions here shall take precedence.
(6) Exempted Development. The following types of development are exempt from Floodplain Review.
The following types of development may also still be subject to other standards in the South Burlington
Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be aware
that for damaged structures where FEMA mitigation funds may be used, the damaged
structure may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or
undertaken to conserve the original condition, while compensating for normal wear and tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection
Rule, Chapter 29):
i. State-owned and operated institutions and facilities.
ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with
the Vermont Department of Forests and Parks Acceptable Management Practices for
Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture
Food and Market’s Required Agricultural Practices (RAPs).
iv. Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
(i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not
include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E. Floodplain Review Application Requirements
(1) Application Submission Requirements. All applications for Floodplain Review shall include:
(a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay
District boundaries – all zones), the shortest horizontal distance from the proposed
development to the top of bank of any river, any existing and proposed drainage, any proposed
fill, pre- and post-development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps; and
(b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
(2) Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain
of the Winooski River:
i. New, substantially improved, or substantially damaged structures;
ii. Projects requiring elevation or dry-floodproofing above BFE;
iii. Additions to existing historic structures; and
iv. Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(b) Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by
FEMA, but no floodway areas have been designated, the applicant shall provide a
floodway delineation that demonstrates that the proposed development, when
combined with all existing and anticipated future development, will not increase the
water surface elevation of the base flood by more than one foot at any point within
the community.
(c) Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
(d) Erosion Control Projects. For projects involving erosion control measures within the floodplain
on Lake Champlain, the applicant shall submit:
i. Renderings or other additional information relevant and necessary to evaluating the
aesthetic or visual impact of the proposed improvement.
ii. A landscaping plan.
(3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific
application requirements when the data or information is not needed to comply with these
regulations.
F. Floodplain Review - Development Review Process. All applications for development in the Floodplain
Overlay District shall be reviewed according to the following procedures:
(1) Referrals.
(a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation. A permit may be issued only following receipt of
comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from
the date the application was mailed to the Vermont Agency of Natural Resources, whichever
is sooner.
(2) Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
i. Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
ii. Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
iii. Open fencing and signs elevated on poles or posts that create minimal resistance to the
movement of floodwater.
iv. Municipal transportation infrastructure improvements designed and constructed by the
Vermont Agency of Transportation that have written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
v. River and floodplain restoration projects, including dam removal, that restore natural
and beneficial floodplain functions and include written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
vi. Improvements or repairs of damage to structures that do not expand the existing
footprint and do not meet the definition of “substantial improvement” or “substantial
damage.”
vii. Accessory structures less than 500 square feet in size in the Floodplain Overlay District
Zones 0.2% B1.
viii. Building utilities.
ix. Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional
applicable standards.
(b) Development Review. All development in the Floodplain Overlay District that cannot be
approved through administrative Floodplain Review shall require Floodplain Review by the
Development Review Board.
(3) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued
for development meeting the standards in Section 12.08(G) and the following the review process
outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all
application materials and fees, the Administrative Officer shall act to either issue or deny a
permit in writing, or to refer the application to the Development Review Board. If the
Administrative Officer fails to act with regard to a complete application for a permit within
the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for
new construction or substantial improvement, in which case a permit shall not be issued until
the Administrative Officer has complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure which
requires the approval of the Development Review Board until such approval has been
obtained. For permit applications that must be referred to a state agency for review, no
permit shall be issued until a response has been received from the State, or the expiration of
30 days following the submission of the application to the State, whichever is sooner.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to
ensure that it complies with the following standards:
(1) Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
(b) New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
(c) New critical facilities;
(d) Excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table, interfere with natural flow patterns, or reduce
flood storage capacity;
(e) Storage or junk yards;
(f) New fill except as necessary to elevate structures above the base flood elevation.
(g) Within the floodway: new encroachments, except for minor improvements to existing structures
or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or
floodplain restoration projects, or health and safety measures. Minor improvements are those
that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk
Reference for Local Officials.
(2) Development in the Floodway. Within the floodway, the following standards apply to all
development:
(a) New encroachments are prohibited within the floodway, except for the following, which also
shall comply with subsection (b) below:
i. New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities,
functionally dependent uses, and river or floodplain restoration projects; and
ii. New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b) For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with standard
engineering practice, by a registered professional engineer, and shall certify that the proposed
development will:
i. Not result in any increase in flood levels during the occurrence of the base flood;
ii. Not increase base flood velocities; and
iii. Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c) For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(d) For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.
(3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
(a) All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
(b) All development shall be designed (I) to minimize flood damage to the proposed development
and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to
flood hazards.
(c) All development shall be (I) designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be
constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(d) Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. On site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(e) Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(f) Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is above
the base flood elevation.
(g) Structures.
i. Residential Structures
a) Residential structures to be substantially improved in Floodplain Overlay District Zones
A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet
above base flood elevation; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate.
b) Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall
be located such that the lowest floor is at least two (2) feet above the average grade
level on-site; this must be documented, in the proposed and as-built condition, with a
FEMA Elevation Certificate. Average grade level means the average of the natural or
exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii. Non-residential Structures. Non-residential structures to be substantially improved, and
new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet
the following standards:
a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
b) Have the lowest floor, including basement, together with attendant utility and sanitary
facilities be designed so that two (2) feet above the base flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
submitted and a licensed professional engineer or architect has certified that the
structure has been constructed in accordance with accepted standards of practice for
meeting the provisions of this subsection.
(h) Basements. For all new construction and substantial improvements, fully enclosed areas below
grade on all sides (including below grade crawlspaces and basements) shall be prohibited.
Substantial improvements to existing buildings requires compliance with this section.
(i) Areas Below Base Flood Elevation. For all new construction and substantial improvements, fully
enclosed areas that are above grade, below the lowest floor, below Base Flood Elevation and
subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a
condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such
designs must be certified by a licensed professional engineer or architect, or meet or exceed the
following minimum criteria: A minimum of two openings on two walls having a total net area of
not less than one square inch for every square foot of enclosed area subject to flooding shall be
provided. The bottom of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(j) Impact to Base Flood Elevation. In the AE Zone, where base flood elevations and/or floodway
limits have not been determined, development shall not be permitted unless it is demonstrated
that the cumulative effect of the proposed development, when combined with all other existing
and anticipated encroachment, will not increase the base flood elevation more than one (1) foot
at any point within the community. The demonstration must be supported by technical data that
conforms to standard hydraulic engineering principles and certified by a licensed professional
engineer.
(k) Recreational Vehicle. All recreational vehicles shall be fully licensed and ready for highway use.
(l) Accessory Structures. In Floodplain Overlay District 0.2% Zone B1, a small accessory structure of
500 square feet or less in gross floor area that represents a minimal investment need not be
elevated to the base flood elevation in this area, provided the structure is placed on a site so as
to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of
12.08(G)(3)(i). Accessory structures are prohibited in all other parts of the Floodplain Overlay
District.
(m) Critical Facilities. Critical facilities that are to be replaced, substantially improved, or meet the
definition of substantial damage shall be constructed so that the lowest floor, including
basement, shall be elevated or dry-floodproofed at least two (2) feet above the average grade
level in Floodplain Overlay District 0.2% Zone B1 and Floodplain Overlay District 0.2% Zone B2,
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
or three (3) feet above base flood elevation in Floodplain Overlay District Zones A, AE, and A1-
30. A critical facility shall have at least one access road connected to land outside the 0.2% annual
chance floodplain that is capable of accommodating emergency services vehicles. The top of the
access road shall be no lower than the elevation of the 0.2% annual chance flood event.
(n) Historic Structures. For historic structures that would meet the definition of substantial
improvement or substantial damage if not for their historic structure designation, the improved
or repaired building shall meet the following mitigation performance standards for areas below
the base flood elevation:
i. Utility connections (e.g., electricity, water, sewer, natural gas) shall be protected from
inundation and scour or be easily repaired;
ii. The building foundation shall be structurally sound and reinforced to withstand a base
flood event;
iii. The structure’s historic designation shall not be precluded;
iv. The likelihood of flood waters entering the structure during the base flood is reduced;
and
v. There shall be no expansion of uses below base flood elevation except for parking,
storage, building access, or, in the case of non-residential buildings, where the space
is dry floodproofed.
(o) No Rise Requirement. No encroachment, including fill, new construction, substantial
improvement, or other development, that would result in any increase in flood levels within the
regulatory floodway during the occurrence of the base flood discharge, shall be permitted unless
hydrologic and hydraulic analyses are performed in accordance with standard engineering
practice, by a licensed professional engineer, certifying that the proposed development will: a)
Not result in any increase in flood levels (0.00 feet) during the occurrence of the base flood; and
b) Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(p) Erosion Control Measures on Lake Champlain. The installation of erosion control measures
within may be approved by the DRB provided the following standards are met:
i. The improvement involves, to the greatest extent possible, the use of natural
materials such as wood and stone.
ii. The improvement will not increase the potential for erosion.
iii. The project will not have an undue adverse effect on the aesthetic integrity of the
lakeshore.
iv. The project shall preserve, maintain and supplement existing trees and ground cover
vegetation to the greatest extent possible.
(4) Other Applicable Standards. Development in the Floodplain Overlay District may be subject to these
additional standards:
a. All land lying within a River Corridor as defined in these regulations is subject to the standards
of Section 12.07 in addition to the standards of this section.
H. Nonconforming Structures.
(1) A nonconforming structure in the Floodplain Overlay District that has been substantially damaged or
destroyed may be reconstructed in its original location only if it is rebuilt to comply with all
requirements of the National Flood Insurance Program and these regulations;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
South Burlington Land Development Regulations
(2) Nonconforming structures and uses shall be considered abandoned where the structures or uses are
discontinued for more than 6 months. An abandoned structure shall not be permitted for re-
occupancy unless brought into compliance with these regulations and Section 3.11(G). An abandoned
use shall not be permitted unless brought into compliance with these regulations.
I. Variances.
(1) A variance for development in the Floodplain Overlay District may be granted by the Development Review
Board only in accordance with Title 24, Vermont Statutes Annotated and 44 CFR Section 60.6.
(2) Any variance issued in the Special Flood Hazard Area shall not increase flood heights, and shall inform the
applicant in writing over the signature of a community official that the issuance of a variance to construct
a structure below the base flood elevation increases risk to life and property and will result in increased
flood insurance premiums up to amounts as high as $25 for $100 of coverage. Such notification shall be
maintained with a record of all variance actions.
J. Certificate of Occupancy. A Certificate of Occupancy shall be required for all new structures or
substantial improvements to structures in the Floodplain Overlay District.
(1) Upon receipt of the application for a certificate of occupancy, the Administrative Officer shall review the
permit conditions and inspect the premises to ensure that:
ii. All required state and federal permits that have been obtained by the applicant;
iii. All work has been completed in conformance with the zoning permit and associated approvals; and
iv. All required as-built documentation has been submitted to the Administrative Officer (e.g. updated
FEMA Elevation Certificate, dry floodproofing certificate, as-built volumetric analysis, or as-built
floodway encroachment analysis).
K. Enforcement. Enforcement shall be conducted by the Administrative Officer. All enforcement action
related to property in the Floodplain Overlay District shall be performed in compliance with Article 17 and the
following procedures:
(1) The State NFIP Coordinator shall be provided a copy of all notices of violation issued by the Administrative
Officer for development that is not in conformance with this section.
(2) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a
declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood
insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as
amended.
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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
14.01 General Purpose
It is the purpose of this Article to regulate site development plans in order to advance high-quality built
environments in the City. Site plan and conditional use standards are intended to ensure safe, accessible, and
ecologically and environmentally sound site design and layout, efficient use of land, safe access and egress for
all users, energy efficiency, and context-sensitive design.
The site plan review processes and the conditional use review process will allow the City of South Burlington
to review the arrangement, layout, use interrelationships and neighborhood complementation of sites
intended for development or redevelopment and to ensure the aesthetic quality of such design to conform to
the planned character of the neighborhood and the balance of goals of the comprehensive plan.
14.02 Definition of Site Plan
As used in this Article, the term site plan shall mean a rendering, drawing, or sketch prepared to specifications
contained in this article. The site plan shall show the arrangement, layout, and design of the proposed use of
a single parcel or assembled parcels of land.
14.03 Uses and Actions Subject to Site Plan Review
A. Site Plan Approval Required. Site plan approval shall be required prior to issuance of a zoning permit
in all districts, except as provided in subsection B, for:
(1) Outside of the City Center FBC District:
(a) Any new use, change in use, or expansion of use in any district.
(b) Uses subject to conditional use permit approval. See Section 14.10 below.
(c) Any alteration or change to an approved site plan.
(d) New parking lots or expansions of existing parking lots.
(e) Any structure formerly used as a residence proposed for conversion to non-residential use.
(f) Any planned unit development. See Article 15, Planned Unit Development, for specific
regulations.
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(g) Landscape feature signs not reviewed as part of a PUD, as set forth in the South Burlington
Sign Ordinance.
(2) Within the City Center FBC District:
(a) Any alteration or change to an approved site plan.
(b) Any new structure, or addition to, replacement of, or reduction to a structure.
(c) New parking lots or expansions to existing parking lots
(d) Any change in use from a non-residential to a residential use or vice-versa.
(e) Landscape feature signs, as set forth in the South Burlington Sign Ordinance.
B. Excluded from Site Plan Review. Specifically excluded from the provisions of this article are:
(1) One-family dwelling on a single lot, its accessory structures, and related features such as decks, pools,
sheds, and detached garages.
(2) Two-family dwelling on a single lot, its accessory structures, and related features such as decks, pools,
sheds, and detached garages.
(3) Agricultural, horticultural, and silvicultural uses exempt from local review pursuant to 24 VSA 4413.
(4) Minor alterations to a site, such as the addition or bicycle racks or pads, electric vehicle charging stations,
mailboxes, not exceeding forty (40) square feet in area each, provided that the applicant provide a mark-
up to the Administrative Officer at the time of Zoning Permit application and such alterations do not
interfere with access, safety, or circulation on the site. All such alterations must be indicated on the any
subsequent applications that involve an amendment to the Site Plan.
(5) Renovations that are one hundred percent (100%) internal to an existing building or structure.
(6) Exterior renovations to an existing building or structure that do not increase, alter or otherwise modify
the outer envelope of said building or structure, except where architectural standards apply.
(7) Repair and replacement of existing driveways, curb cuts, aprons, and sidewalks, except where the
cumulative disturbance exceeds the thresholds established in Section 13.05 (stormwater management)
are exceeded.
(8) Repairs to existing swimming pools.
(9) Fences and walls as provided in these Land Development Regulations.
(10) Any clearance of scrub or brush not including trees, plants or shrubs approved as part of a planting
plan for site plan approval. Removal of any trees of caliper greater than 5” shall require site plan approval.
See also Section 13.06 (I) for maintenance and responsibility for landscaping improvements.
14.04 Authority for Review of Site Plans
A. Authority, Development Review Board (DRB). The DRB has the authority under these Regulations
and 24 V.S.A. § 4414 and § 4416 to:
(1) Review and approve, approve with modifications or conditions, or disapprove an application for a site
plan under the standards of these Regulations.
(2) Hold one or more public meetings or hearings warned in accordance with 24 V.S.A. § 4464, and Section
17.08 of these Regulations as required prior to the recording of a subdivision plat.
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(3) Modify a dimensional requirement under this Article or the Table of Dimensional Standards (Appendix C).
(a) The DRB may modify a dimensional requirement under this Article or the Table of Dimensional
Standards (Appendix C) subject to conditions, if it finds that due to physical site limitations,
including Hazards or Level I Resources, or other legal or development constraints specific to
the land to be subdivided, including the lack of existing or planned connecting facilities or
services adjacent to or in proximity to the subdivision:
(i) The requirement is not necessary to ensure public health, safety and welfare;
(ii) The proposal modification is demonstrated to better meet the purposes of this Section,
the applicable zoning district, and the Comprehensive Plan; and,
(iii) The modification or waiver is the minimum necessary to afford relief and represents the
least deviation from the standards and requirements of these Regulations.
The DRB in granting a modification or waiver under this section may impose conditions which,
in its judgment, are necessary and appropriate to mitigate any adverse effects, and to ensure
compliance with the above standards of review.
(b) Limitations. In granting a modification, 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).
(c) All requests for modification must be submitted in conjunction with the application for site
plan. The DRB, in granting a modification under this section, may impose conditions that in its
judgment are necessary and appropriate to meet the objectives or to mitigate the adverse impacts of
any modified or waived requirement.
B. Authority, Administrative Review.
The Administrative Officer has the authority under these Regulations and 24 V.S.A. § 4416 and § 4464 to
Review and approve, approve with modifications or conditions, or disapprove an application for a site plan
under the standards of these Regulations.
(1) All areas except within the City Center Form Based Code District. All determinations of eligibility for
administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative
Officer shall not approve administrative amendments to master plans, subdivisions, or variances. The
Administrative Officer may review, approve, approve with conditions, or disapprove administrative
amendments to site plans involving a principal permitted use, site plans involving an approved conditional
Note! A Planned Unit Development (PUD) under Article 15C should be considered for more innovative
types of planned development that incorporate modifications in layout, density and design intended to
meet specific community objectives.
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use, site plans of planned unit developments, site plans for land development related to stormwater
management regulated in Section 13.05, site plans for specific types of land development on a steep slopeas
regulated in the Environmental Protection Standards (ArticleSection 12.03,), site plans for land development
related to the development of an Environmental Restoration Project, if the proposed amendment meets one
or more of the following criteria:
(a) Relocation of site improvements and/or accessory structures that have been previously approved,
provided that such relocations do not alter the approved coverage for the site.
(b) Re-approval of plans if a permit issued by the Development Review Board has expired within the
preceding six months and no changes or alterations of any kind are proposed, including those outlined in
(d) below.
(c) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that
such adjustments do not require the amendment of any condition of approval in the most recent findings
of fact.
(d) Minor alterations to an approved landscaping plan such as substitution of appropriate similar
species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in
the amended plan is equal to or exceeds the amount approved by the Development Review Board.
(e) An increase in building area and/or impervious coverage totaling less than five thousand (5,000)
square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised
that the cumulative total increase in building area and/or site coverage cumulatively permitted through
all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three
percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall
be required for any amendment exceeding these limits.
(f) All coverage and other limitations pursuant to these regulations shall apply in determining
whether an administrative amendment shall be approved.
(g) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to Setback
and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974).
(h) Changes in use of all or part of a building or structure with prior site plan approval to a permitted use
in the applicable zoning district, provided the proposed use, whether solely or in combination with other uses
subject to the same approval, will not result in any permitting requirement or threshold being exceeded or
violated.
(2) Within City Center Form Based Code District. The Administrative Officer shall review all applications
except:
(a) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line Adjustments);
(b) Applications involving new proposed public rights-of-way, parks, or other land proposed to be
deeded to the City of South Burlington;
(c) Requests for development within any of the water or wetlands resources identified within Article
12 of these Regulations; that have been referred to the Development Review Board by the Administrative
Officer under Section 12.01D(3);
(d) Applications for development within Areas of Special Flood Hazard; or
(e) Where specifically stated in these Regulations.
C. Review Period. Where site plan review by the Development Review Board or Administrative Officer
is required, the Development Review Board or the Administrative Officer shall act to approve or disapprove
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any such site plans within the time required by applicable state law. Failure to so act within said period shall
be deemed approval. Copies of the Development Review Board or Administrative Officer’s decision, along
with findings of fact, shall be sent to the applicant.
14.05 Application Review Procedure
A. Pre-Submission Meeting Prior to a formal submission, the applicant should meet in person with the
Administrative Officer and other City officials as desired to discuss the proposed site plan. The intent of such
a conference is to enable the applicant to inform the Department of Planning and Zoning of the proposal prior
to the preparation of a detailed site plan and for said Department to review the basic site design concept,
advise the applicant as to potential problems and concerns, and to determine generally the type of
information to be shown on and submitted with the site plan.
B. Submission. A site plan generally shall be prepared by a registered architect, licensed landscape
architect, licensed land surveyor, licensed engineer, or professional land planner. The site plan shall be
submitted to the Administrative Officer.
C. Combined Review & Decisions
(1) Integration of Procedures. Except within the City Center Form Based Code District, there may be
applications where the particular circumstances of a proposed development require compliance with
other procedures in these regulations, such as conditional use permit review. In such cases, the
Development Review Board shall integrate site plan review as required by this article with the other
procedural and/or submission requirements. Such integration of procedures may require, upon mutual
written consent of the Development Review Board and the applicant, reasonable modification of the time
schedules otherwise stated in this article or in said related regulations or requirements.
(2) Combined Decision for Conditional Uses. Where a conditional use permit is required, the Development
Review Board shall make the determination on the conditional use permit and on the site plan permit
required for the conditional use and shall issue one (1) set of findings of fact pertaining to both.
(3) Combined Administrative Review and Zoning Permit. Where a decision issued by the Administrative
Officer contains no conditions requiring modifications to plans or supplemental submissions, the
Administrative Officer may issue any required zoning permit concurrently with the decision.
D. Application for Site Plan. See Appendix E, Submission Requirements.
E. Development Review Board / Administrative Officer Action.
(1) Outside of the City Center FBC District:
(a) The Development Review Board or Administrative Officer shall review the site plan application,
pursuant to Section 14.04. The DRB shall review the application against the site plan criteria in this Article
14 and any other applicable standards in these Regulations. If the DRB determines that the site plan and
supporting material fail to demonstrate compliance with applicable standards, it shall disapprove the site
plan. However, if it further determines that with a minor modification or modifications the site plan and
supporting material would comply with applicable standards, the DRB may, in its discretion, impose a
condition or conditions requiring such modification or modifications and approve the site plan. For the
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purpose of this section, a minor modification is one that leaves no part of its implementation to the
discretion of the applicant.
(2) Within the City Center FBC District:
(a) The Administrative Officer or Development Review Board shall review the site plan application,
pursuant to Section 14.04.
(b) For all applications, except those which meet one or more of the criteria listed in Section 14.09(B)(1-
9), an application shall be deemed complete only after all the following actions have been completed by
the applicant:
(i) Participation in a pre-application meeting with staff of the Department of Planning & Zoning;
(ii) Submission of all required information (see Appendix E);
(iii) Demonstration of proof that applicant delivered to each of the adjoining landowners notice
of the application in accordance with Section 17.06 of these Regulations, and, at a minimum the
following information:
(I) A project description and contact information provided by the Administrative Officer;
(II) A site plan for the property on a paper size no less than 11” x 17”, and;
(III) Invitation to an applicant-sponsored informational and input meeting;
(iv) Posting of a notice of the proposed project on a form with project description provided by the
Administrative Officer within view from the public right-of-way most nearly adjacent to the property
for which the application is made;
(v) Demonstration of proof that the applicant held an applicant-sponsored information and
feedback meeting, by, at a minimum, providing a copy of summary notes from meeting. The purpose
of this meeting is to give residents the opportunity to provide input and feedback to the applicant.
Applicants are encouraged to make modifications to the application based on this feedback, so long
as such modifications comply with these Regulations. Such meeting shall consist, at a minimum, of:
(I) Notice of said meeting no less than seven (7) days in advance to all parties required
within this section;
(II) Said meeting shall be held in an ADA-accessible public building in the City of South
Burlington;
(III) Said meeting shall be held at a time that is convenient to the public ( a weekday
evening or Saturday), and;
(IV) Said meeting shall include an overview of the project by the applicant, an opportunity
for all members of the public in attendance to offer oral input, and acceptance of any written
input;
(vi) The expiration of fifteen (15) days following receipt of the proof of delivery of notification of
the application to adjoining landowners as described in this section, and;
(vii) Issuance of a written statement from the Department of Public Works and Fire Department
regarding compliance with these regulations.
(c) The applicant may make revisions to an application following initial submittal.
(i) Where the Administrative Officer determines that the revisions do not alter the overall
description of the project, or that the revisions reduce the scale of the project, no new notification
and no new applicant-sponsored information and input meeting shall be required. However, pursuant
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to 24 VSA §4448, the Administrative Officer shall have 30 days from the date that the applicant
submits all revisions to the application to act with regard to the application.
(ii) Where the Administrative Officer determines that the changes do alter the overall description
of the project, all requirements of this section 14.05(E)(2) shall be met anew.
(d) The Administrative Officer shall review the application against the site plan criteria in this Article 14,
site plan, and the applicable BES in Article 8 and any other applicable standards in these Regulations,
except as stated within this Article or within Article 8, City Center Form Based Code District.
(e) Where tasks, actions and responsibilities are assigned to the Development Review Board, such tasks,
actions, authorities, and responsibilities shall be administered by the Administrative Officer unless
specifically assigned to the Development Review Board within the City Center FBC District.
(f) If the Administrative Officer determines that the site plan and supporting material fail to demonstrate
compliance with applicable standards, she/he shall disapprove the site plan. However, if she/he further
determines that one or more minor modifications would bring the site plan and supporting material into
compliance with applicable standards, the Administrative Officer may, in her/his discretion, impose a
condition or conditions requiring such modification or modifications and approve the site plan. For the
purpose of this section, a minor modification is one that leaves no part of its implementation to the
discretion of the applicant.
(g) Any appeal of the Administrative Officer’s action shall be done in accordance with the appeals process
for Administrative Officer actions in these Regulations and applicable State law.
(3) Upon approval, the applicant shall provide the approved plan in digital form to the Department of
Planning and Zoning. A copy of the Development Review Board's decision and findings of fact, shall be sent to
the applicant and recorded in the City Clerk's office.
F. Waiver of Application Requirements. The Development Review Board shall have the authority to,
when reasonable, waive any application requirements for site plan approval. Any such waiver may be
exercised in the event any such requirements are 1) found not to be requisite in the interest of public health,
safety, or general welfare or 2) inappropriate to a particular site plan because of the particular character or
limited nature of a new development or change in use or conditions peculiar to a site or 3) will cause
extraordinary and unnecessary hardship.
G. Expiration of Approval. See Section 17.04.
H. Field Changes and As-Built Plans
(1) Field Changes
(a) During construction, the Administrative Officer may authorize or require, in writing, at his/her own
determination or upon the request of the applicant, minor adjustments to a site plan which does not
affect the substance of the site plan approval. Such minor adjustments shall be consistent with the
intent of the approved site plan. All determinations of eligibility for field changes are subject to the
discretion of the Administrative Officer.
(b) Where conditions are encountered which constitute a material change to an approved site plan or
where the developer otherwise wishes to modify the approved site plan, an amendment to the
approval shall be filed with the Development Review Board or Administrative Officer for review in
accordance with procedures required for such applications.
(2) As-Built Plans
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(a) Upon completion of any development or redevelopment pursuant to an approved final site plan
involving field changes as set forth in (1) above, and prior to the issuance of a certificate of occupancy
by the Administrative Officer, the applicant shall submit to the Administrative Officer as-built plans in
paper and digital form, prepared and certified by a licensed engineer, architect, landscape architect
or surveyor, showing the location of all site improvements as constructed.
(b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance
with the approved site plan, including any field changes authorized under subsection 1(a) above. The
Administrative Officer shall indicate compliance with the Land Development Regulations by signature,
and shall file with the Department of Planning and Zoning.
I. Technical or Consultant Review of Site Plans. See Section 17.08, Development Review Board.
J. Bonding Requirements. The owner or developer shall provide a performance bond, escrow account,
or letter of credit in accordance with Sections 15.15 and 15.16 of these Regulations.
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards shall be
used by the Development Review Board in reviewing applications for site plan approval. They are intended to
provide a framework within which the designer of the site development is free to exercise creativity,
invention, and innovation while improving the visual appearance of the City of South Burlington. The
Development Review Board shall not specify or favor any particular architectural style or design or assist in
the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself
to a reasonable, professional review, and, except as otherwise provided in the following subsections, the
applicant shall retain full responsibility for design.
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas.
The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the
street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street
and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building
foundations relate to the site’s topography and grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within
the area proposed for development.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
(2) Parking:
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(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public
street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board shall
approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow
for parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and parking needs
cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the
following criteria:
(I) The lot is located in an approved subdivision where the parking on each lot in the
subdivision is proposed to be located between the building or buildings on each lot and the public
street so that a significant greenspace surrounded by buildings may be incorporated similar to a
college campus style “quad”, as detailed below.
(II) The parking on any lots that include a part of the greenspace shall be aligned in a similar
fashion so that the buildings are located between the greenspace and the parking and so that the
parking is located between the buildings and the public street to maintain the integrity and
continuity of the greenspace.
(III) The minimum required total area of the greenspace shall be 150,000 square feet. For
purposes of this subsection 14.07(B) (2)(b)(vi), “greenspace” shall be defined as a consolidated
and continuous landscaped area located across more than two lots in the approved subdivision,
similar in nature to a common open space, largely surrounded by buildings, but shall not include
building or impervious parking areas. The greenspace may extend between buildings, but shall
not extend beyond the building line of the principal building on each lot that includes a portion of
the greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees, plantings,
wetlands, and gardens, and may include impervious landscape features, such as path networks,
sculptures, gazebos, water features, footbridges, sitting areas, stone walls, and other features and
amenities that may be built within and throughout the greenspace in order to create a more
attractive and enjoyable environment. The area of the greenspace shall be calculated by
measuring and adding the portion of the total greenspace defined on the site plan for each lot in
the approved subdivision that includes a portion of the greenspace.
(vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space
Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed
in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s)
on the lot;
(I) In order to further reduce the likelihood of such conflicts, this exception to the general
requirements for parking is only available when the uses of the lot(s) are limited to:
1. Distribution and related storage
2. Light manufacturing
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3. Manufacturing
4. Processing and Storage
5. Warehousing and Distribution
(II) The parking shall be limited as follows:
1. No more than 25% of the total parking on the lot shall be located between a public
street and the building(s);
2. Parking shall be predominantly screened from the roadway with landscaping
features, and separated from the roadway’s sidewalks or multi-use paths by one or more of
the following Qualifying Open Spaces (as defined in Article 11.B, except for the location
standards which are superseded by this subsection): Pocket/Mini Park; Wooded area;
Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this Open
Space shall be sufficient to (1) create or extend a pleasant pedestrian experience on the
adjacent public sidewalk or recreation path, (2) largely screen parking from the street right-
of-way, and (3) provide for additional usable open space on the parcel. The open space shall
represent a minimum of 35% of the total square footage of the parking spaces (not including
circulation infrastructure) proposed to be located in front of the building.
3. The minimum required landscaping budget established by the Development Review
Board pursuant to Section 13.04 shall increase by a percentage that is equivalent to the
percentage of the total parking that is proposed to be located between a public street and
the building(s) on a lot. Of this total increased landscaping budget, the percentage that must
be dedicated to installation of landscaping in the front yard shall be equivalent to the
percentage of the total parking that is proposed to be located between a public street and
the building(s) (e.g., if the minimum required landscaping budget before any increase was
$100,000, and if 10% of the total parking for the lot is proposed to be located between a
public street and the building(s), then the minimum required landscaping budget shall
increase by 10%, for a new total landscaping budget of $110,000, and no less than 10% of the
new total landscaping budget, or $11,000, must be dedicated to installation of landscaping in
the front yard).
4. The applicant shall construct a safe, paved pedestrian access from the street to the
building’s main entrance.
5. The parking layout and circulation shall not interfere with safe pedestrian access
from the street to the building’s main entrance.
(viii) The building, or a portion thereof, being served by the parking area is contained
within the Security Identification Display Area of a publicly-owned and operated airport.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities along any street
frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to
14.07(B)(2)(b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of the
building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts
an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front
adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient
landscaping to screen the parking from view of the Interstate.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or anticipated adjoining buildings.
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B. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials and
architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens
and visual interruptions to create attractive transitions between buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and
roads in the vicinity that have a visual relationship to the proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation of
principal buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features that
define neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and
back yard areas through context sensitive design.
C. Site Amenity Requirement
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This
section does not apply to projects within the City Center FBC District (which are governed by Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to residential
use.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross floor
area.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if
the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is
accessible by the general public and located within five-hundred (500) feet of at least one pedestrian
access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable
connection” shall not include or require crossing a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some
but not all the buildings on the lot have pedestrian access points located within five-hundred (500)
feet of the Civic Space or public park, as described in Section 14.06(D)(4), above.
(b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area.
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14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
A. Environmental Protection Standards. All proposed development shall be subject to the applicable
requirements of Article 12, Environmental Protection Standards.
B. Site Design Features. All proposed development shall comply with standards for the placement of
buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other
applicable standards related to site design pursuant to these Land Development Regulations.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the standards
contained therein.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City
Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent
sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the
applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit
requirements for additional upgrades as necessary to meet the requirements of these Regulations.
G. Access to Abutting Properties. The reservation of land may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
or collector street, to provide additional access for emergency or other purposes, or to improve general access
and circulation in the area.
H. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground insofar as feasible and subject to state public utilities regulations. Any utility installations
remaining above ground shall be located so as to have a harmonious relation to neighboring properties and
to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met.
I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for
use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or
screened.
14.08 [reserved]
14.09 [reserved]
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14.10 Conditional Use Review: General Provisions and Standards
A. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South
Burlington adopted comprehensive plan and are in accord with the policies set forth therein.
B. Definition of Conditional Use. A conditional use shall be defined as a use permitted in a particular
zoning district upon showing that such use in a specified location will comply with all the general and specific
standards for the location or operation of the use as specified in these regulations and as authorized by the
Development Review Board. Uses requiring a conditional use permit are listed in Table C-1, Table of Uses. In
granting approval for a conditional use, the Development Review Board may attach such additional,
reasonable conditions and safeguards as it may deem necessary to implement the purposes of these
regulations.
C. Uses and Actions Subject to Conditional Use Review. Conditional use permit approval shall be
required prior to issuance of a zoning permit in all districts where such uses are listed as conditional uses in
the District Regulations. Any alteration, extension or other change to an existing conditional use shall require
review under the requirements of this section.
D. Review and Approval Procedure. A use designated as a conditional use in any district may be
permitted by the Development Review Board, after public notice and public hearing, according to the
following procedures:
(1) Any conditional use shall be either:
(a) subject to site plan review, except as provided for in Section 14.03(B), and therefore reviewed
under the requirements of Article 14, Site Plan and Conditional Use Review; or,
(b) subject to planned unit development review and therefore reviewed under the requirements
of Article 15, Planned Unit Development; or,
(c) subject to conditional use review only for a conditional use that within or deemed a single or
two-family dwelling.
(2) The Development Review Board may require submission of plans, data, or other information in addition
to the requirements of Article 14, as it deems necessary.
(3) The Development Review Board shall act to approve or disapprove a requested conditional use within
forty-five (45) days after the close of the final public hearing held under this section, and failure to so act
shall be deemed approval.
(4) In approving a conditional use, the Development Review Board may attach additional requirements as it
may deem necessary to implement the provisions of the South Burlington Comprehensive Plan and these
regulations.
E. General Review Standards. The Development Review Board shall review the proposed conditional
use for compliance with all applicable standards as contained in these regulations. The proposed conditional
use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district within
which the project is located, and specifically stated policies and standards of the municipal plan.
(a) A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit
dwellings may not be denied solely due to an undue adverse effect on the character of the area affected.
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(3) Traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
(5) Utilization of renewable energy resources.
F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only
one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for
more than six (6) months for any reason, unless an umbrella approval has been granted.
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
A. Parking garages. Review of such use shall include a review of the proposed structure's aesthetics and
potential off-site impacts including but not limited to lighting, traffic, and circulation.
B. Drive-Through Facilities
(1) Applicability. Drive-through facilities are prohibited in all districts except where specifically provided for
in Article 8 (Form Based Code) and Appendix C – Table of Uses.
(2) Supplemental Standards. Where permitted, and in addition to any design, building, or placement
requirements within these Regulations, applications for a drive-through facility shall be subject to the
following supplemental requirements:
(a) Compliance with Traffic Overlay District provisions, if applicable.
(b) Compliance with an approved access management plan providing for curb cut consolidation and
secondary access.
(c) Mandatory technical review by a traffic consultant to determine adequate stacking lane length
and aisle width.
C . Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. A service station
that is a primary use on its lot may be allowed to have a convenience store as an accessory conditional use,
subject to the following:
(1) The proposed convenience store shall be an accessory use located on the same lot as primary use service
station.
(2) Such store shall have retail sales of convenience merchandise, prepared foods, and pre-packaged foods
for personal or household consumption.
(3) Minimum lot size. The primary use shall have a minimum lot size of thirty thousand (30,000) square feet.
(4) Location of primary use. The service station shall have a minimum street frontage of one hundred (100)
feet on an arterial road.
(5) Hours of operation. The consumer convenience center shall be accessory to the primary use and as such
shall be open for business during the same hours as the pumping operation of the service station.
(6) Parking. Where parking is located near a residential district boundary, the applicant shall provide
landscaping, and/or fencing or screening in the mandatory setback.
(7) Lighting. The applicant shall demonstrate to the Development Review Board’s satisfaction that the
proposed lighting plan will adequately light the store exterior and related parking area and will not shed
light onto abutting residentially zoned land.
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D. Gasoline Filling Stations/Service Stations. No new gasoline filling stations or service stations shall be
permitted within one thousand (1,000) linear feet in any direction from the property boundaries of an existing
gasoline filling station or service station.
E. Processing and Storage.
(1) Hours of operation, including hours of truck delivery or pick-up activities, shall be limited by the DRB
consistent with the character of the adjacent neighborhood and proximity to residential areas and
residentially-zoned lands.
(2) The DRB shall have the authority to limit the total square footage that may be devoted to processing and
storage on any lot or within any one building to ensure compatibility with adjacent land uses.
F. Alteration of Existing Grade
(1) Approval Required. The removal from land or the placing on land of fill, gravel, sand, loam, topsoil, or
other similar material in an amount equal to or greater than twenty (20) cubic yards, except when
incidental to or in connection with the construction of a structure on the same lot, shall require the
approval of the Development Review Board. The Development Review Board may grant such approval
where such modification is requested in connection with the approval of a site plan, planned unit
development or subdivision plat. This section does not apply to the removal of earth products in
connection with a resource extraction operation (see Section 14.11(G), Earth Products.)
(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 17.15.A.20 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.
G. Earth Products
(1) General Requirements. The conduct of a resource extraction operation that involves the removal of
loam, gravel, stone, fill, topsoil, sod or similar substance, except when incidental to or in connection with
the construction of a building on the same lot, shall be permitted in any district, except as limited by the
Environmental Resource Protection Standards and Interstate Highway Overlay District, subject to site plan
approval by the Development Review Board after public notice.
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(2) Review Authority. Notwithstanding any other provisions within these Regulations, applications under
this Section 14.11(G) shall be reviewed by the Development Review Board in all Zoning Districts and the
City Center FBC District.
(3) Exemption. The provisions of this section shall not apply to the removal of earth products from an
operating farm, nursery, cemetery, or stormwater facility previously approved by the Development
Review Board or Administrative Officer, to the extent that such removal is necessary to the operation of
same.
(4) Site Plan Requirements. An application for the removal of more than twenty (20) cubic yards within
one (1) calendar year period shall include the submittal of a site plan showing the area from which earth
products are to be removed. Also, the application shall include specific information pertaining to the
following factors and such other information as the Development Review Board may require. At minimum,
the following information shall be required:
(a) Depth of excavation, in proximity to roads or adjacent properties.
(b) Existing grade and proposed grade created by removal of material.
(c) Effect upon public health and safety.
(d) Creation of a nuisance.
(e) Effect upon the use of adjacent properties by reason of noise, dust or vibration.
(f) Effect upon traffic hazards in residential areas or excessive congestion or physical damage on
public ways.
(g) Erosion potential due to removal of vegetative cover.
(5) Conditions of Approval. The Development Review Board, in granting its approval, may impose
conditions on the following:
(a) Duration of the permit for any length of time that the Development Review Board deems
appropriate.
(b) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
(c) Hours of operation, routes of transportation, and amount of material to be removed.
(d) Provision of a suitable bond or other security in accordance with Section 15.15 adequate to assure
compliance with the provisions of these Regulations.
(6) Removal of Earth Products within Flood Plain District. Within the Flood Plain District, excavation of
earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the
level of the water table or will interfere with the natural flow patterns or reduce the flood storage
capacity.
H. Accessory Dwelling Units Supplemental Allowance
An Accessory Dwelling Unit (ADU), or portion thereof that is proposed to be within the required setback
applicable to a single family home may be approved as a Conditional Use, subject to the following:
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South Burlington Land Development Regulations
(1) The ADU must comply with all provisions of Section 3.11 (Accessory Dwelling Units) except setback
standards;
(2) The ADU shall only be situated where an accessory structure on the lot may be placed;
(3) The ADU, and any portion thereof, must not exceed 15’ in height;
(4) The ADU must not exceed 600 s.f. gross floor area;
(5) The principal entry to the ADU must not be oriented a side or rear lot line; and,
(6) The proposed encroachment of the ADU must not have an undue adverse affect on:
(a) views of adjoining and/or nearby properties;
(b) access to sunlight of adjoining and/or nearby properties; and,
(c) privacy of adjoining and/or nearby properties.
I. Seasonal Mobile Food Units
Seasonal mobile food units shall be subject to site plan review and the following requirements:
(1) A proposed seasonal mobile food unit shall provide evidence of a valid Commercial Caterer License from
the Vermont Department of Health.
(2) A seasonal mobile food unit may have temporary outdoor seating for a maximum of sixteen (16) people.
Temporary outdoor seating shall be placed directly on the ground with no foundation or underlying
structure.
(3) A seasonal mobile food unit shall not be permitted to operate between the hours of 9:00 pm and 7:00
am.
(4) A seasonal mobile food unit, and any associated seating and accessory items such as dumpsters, shall be
removed from the property at the expiry of its permit under these regulations.
(5) A seasonal mobile food unit shall be exempt from landscaping requirements under these regulations.
(6) Prior to approval of a zoning permit or renewal, a written recommendation shall be sought from the South
Burlington Police Department, South Burlington Fire Department, and South Burlington Department of
Public Works. Said permit or renewal may be denied, if vehicular access to the property is likely to, or has,
created unsafe vehicular or pedestrian traffic conditions adjacent to the property.
(7) A zoning permit for a seasonal mobile food unit shall be valid for a maximum of seven (7) months, from
April 1 to October 31, after which time it expires.
(8) A seasonal mobile food unit zoning permit may be renewed in subsequent calendar years at the request
of the applicant. The administrative officer shall approve the renewal upon finding that all aspects of the
permit and these regulations have been met to date and in the previous year’s operation of the seasonal
mobile food unit. No such renewal shall be issued if no zoning permit was issued in the previous calendar
year.
(9) Any modifications to an approved site plan shall require an amendment as required by these Regulations.
(10) A seasonal mobile food unit shall be exempt from Section 10.01, Traffic Overlay District, of these
regulations.
(11) Notwithstanding any other provisions within these Regulations, applications under this 14.11(H)
assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the
City Center FBC District.
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South Burlington Land Development Regulations
J. Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary
hospitals
(1) All outdoor exercise areas shall be fully enclosed and screened on all sides.
(2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am.
(3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a
residential district or existing residential use, the required side or rear setback for the outdoor exercise
facilities shall be sixty-five (65) feet from the residential or residentially-zoned property. A strip not less
than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense
evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted
within the fifteen (15) foot wide buffer area.
(4) Runoff from any exercise facility shall not drain to any stream or public right-of-way without treatment.
K. Self Storage in the Mixed Commercial-Industrial (CI) District within Transit Overlay District
(1) General Requirements. In the Commercial-Industrial District, where such district is also within the Transit
Overlay District, the Development Review Board may grant site plan approval for a self-storage facility,
according to the following regulations.
(2) Specific Standards:
(a) The facility shall be clearly secondary to a permitted principal use in this district
(b) The facility shall not occupy more than 20% of the gross floor area of the principal use
(c) The facility shall only be accessible through an interior entrance
(d) Access to storage units shall only be available during business hours, with an employee on site.
L. Auto & Motorcycle Sales, Limited
(1) General Requirements: An auto & motorcycle service and repair business may be granted approval from
the Development Review Board to display up to five (5) automobiles and/or motorcycles (combined) at
one time for sale to the public, in accordance with the following requirements:
(2) Specific Requirements:
(a) The site plan shall indicate the location of all parking spaces of vehicles for sale, not to exceed
five (5) total; and,
(b) No vehicles for sale may be parked in any other location on the property.
M. Food Hubs
(1) Specific standards
(a) Processing activities at the food hub location shall be limited to non-mechanized packaging,
provided it is subordinate to the distribution activities.
(b) Storage is permissible for terms of less than 30 days.
(c) Butchering or killing of livestock shall not be permitted within the designated food hub area.
(d) A food hub may be host to- with no greater frequency than once per week- a farmer’s market
without additional municipal review or permitting.
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South Burlington Land Development Regulations
(e) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites
shall be counted towards the minimum landscaping budget as 150% of every dollar planted.
(2) Permitting
(a) Facilities under 5,000 GFA may be reviewed under Section 14.04(B), Administrative Review.
(b) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14
of these Regulations.
N. Limited Neighborhood Commercial Use
The purpose of this use is to promote small, context-sensitive, limited and architecturally relevant commercial
uses in walking distance to a residential neighborhood. While these uses may service a broader geography
and limited pass-by traffic, these uses are intended to be easily accessible by walking from the majority of the
Planned Unit Development in which the use is located.
(1) Applicability.
(a) As permitted in Appendix C.
(b) The proposed use shall only be approved as part of a new or amended master plan of 50 dwelling
units or more.
(2) General Standards
The proposed use shall be complimentary to and integrated within the Planned Unit Development. To
ensure this, as part of master plan approval or amendment the DRB may impose additional conditions on
the use with respect to:
(a) Traffic and vehicular access;
(b) Maximum parking;
(c) Enhanced pedestrian circulation and access;
(d) Additional landscaping to serve the use beyond minimum requirements.
(3) Specific standards
(a) Location
(i) The use shall be located so as to be easily accessible to the Planned Unit Development via
sidewalks or multi-use paths.
(ii) New buildings associated with the use shall be located such that traffic is not increased
through the majority of the Planned Unit Development in which it is located. It should not divide
existing residential areas, unless the Board finds during initial master plan approval that a central
location best serves the Planned Unit Development.
(iii) Hours of use shall be limited to 6 am to 10 pm.
(b) Size and Scale. The use is restricted:
(i) In all R1, R2, R4, QCP, SEQ and Lakeshore Districts, to one building, with a footprint
no larger than 6,000 SF; To two stories or a total building height of 28 feet; and to 5,000 SF GFA per
use.
(ii) In all other zoning Districts, to one building and to not more than 6,000 s.f. for all
uses.
(iii) Uses ancillary to the proposed use which are fully below grade will not count towards
the maximum use size. Ancillary uses may include administrative office space, storage space and
mechanical space, provided they serve the principal use.
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South Burlington Land Development Regulations
(c) Specific use of space. The following may be permitted as part of the Limited Neighborhood
Commercial Use:
(i) Restaurant
(ii) Retail sale of groceries- predominantly food with some related household goods
(iii) Personal instruction
(iv) Child care
(v) Artist production studio
(d) Drive throughs are expressly prohibited.
(e) Items listed in Subsection (3)(c)(i)-(v) may not be permitted as part of the Limited Neighborhood
Commercial Use where such uses already exist within one-half mile of the proposed Limited
Neighborhood Commercial Use.
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing Tuesday, January 10, 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 Tuesday, January 10, 2022 at
7:00 pm, in person and via electronic platform, to consider the following amendments to the South
Burlington Land Development Regulations:
A. LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to:
1) Modification of the Class II wetlands buffer boundary in some residential areas
2) Streamline administrative permitting process
3) Remove permitted, human-made steep slopes from regulation as steep slopes
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
LDR-22-09: Updates to Article 12 Environmental Standards, including, but not limited to:
1) Modification of the Class II wetlands buffer boundary in some residential areas
2) Streamline administrative permitting process
3) Remove permitted, human-made steep slopes from regulation as steep slopes
Brief explanation of the proposed amendment:
This amendment applies a modified buffer from Class II wetlands for lots existing as of November 10,
2021 that were approved for single-family and/or two-family dwellings. In effect, this applies the same
standard as before the most recent update to the environmental standards in the LDRs to relatively
small, residential properties. It recognizes that many residential neighborhoods in South Burlington
were designed and constructed taking the previous 50-foot buffer into account and aligns with
expectations of homeowners.
Administratively, it clarifies when Site Plan review is required, when administrative Site Plan Review
is required, and when zoning permit review is required. It clarifies conflict between Article 13 and
Article 12 regarding when administrative Site Plan review is available for stormwater management
projects. It also requires administrative Site Plan review for certain wetland impacts in the City
Center Form Based Code district.
This amendment also excludes permitted human-made slopes from the definitions of Steep Slopes
and Very Steep Slopes and allows the DRB or Administrative Officer to waive review under Steep
Slopes standards if the area of steep slopes are determined to be de minimis. It also exempts
Environmental Restoration Projects, Shoreline Restoration Projects, and retaining walls in certain
districts from steep slope review.
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.
These amendments are technical updates that correct issues that have become apparent after
the adoption of new regulations in 2021. Generally, they correct unanticipated inconsistencies
and administrative issues.
In addition, exempting Environmental Restoration Projects and Shoreline Restoration Projects
from steep slopes review advances the environmental protection goals in our Comprehensive
Plan.
Comprehensive Plan Goals, Objectives & Strategies:
• Goal: Green & Clean. Emphasizing sustainability for long-term vitality of a clean and green
South Burlington.
• Sub-Goal. Keep unique features, and maintain or enhance the quality of life of existing
neighborhoods.
3
• 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 9. Be a good partner with business in helping them locate in South Burlington or
continue to grow here.
• Strategy 6. Promote the preservation of existing housing stock in residential neighborhoods,
particularly the supply of affordable and moderately-priced homes.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments do not affect future land uses and densities in the municipal 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.
2023 City Council OrientationJessie Baker, City ManagerColin McNeil, City AttorneyMarch 20, 2023
Agenda•Who we are•Council protocols•Conflict of Interest and Ethical Conduct•Council and Manager Authority•Finances and Fiduciary Responsibility•City Organization and Staffing •Priority Projects•Pending Legal Actions•Resources, questions and discussion! 2Encourage you to ask questions. If you have them, residents do too!
Our Community and our Demographics (who we are, who we serve, who we represent)3Total Population 20,292Median Age 41.7Over 65 18.5%Total Homes 9,650Median Gross Rent $1,401Median Household Income $73,065BA or Higher 55.7%Born Outside the US 11.1%Language spoken at home 11.4% other than English Source: 2020 Census
Comprehensive Plan and Strategies 48 year plan Currently under developmentAnnual workplan Updated in May/June of each year
Roles and Authority5
Council Authority•Hire the City Manager•Appoint Treasurer, City Attorney, Zoning Administrator, Auditor, Constable, Grand Juror•Appoint residents to the DRB, Planning Commission, Board of Library Trustees, and all other policy boards•Serve as the Liquor Control Board, Board of Health, and other Statutory requirements 6•Make, amend, repeal ordinances•Acquire, sell, lease property•Provide for fiduciary oversight and approve budget to bring to the voters•Convene public forums•With the School Trustees serve as the Steering Committee
Council Rules of Procedure•Annually Council elects a chair, vice chair, and clerk•Chair runs the meetings•A quorum of the Council is 3 •All action/direction of the Council is done by affirmative vote•No Councilor can speak for the Council unless approved to do so•Chair and Manager set the agenda. Councilors can request items by the Wednesday prior.•An agenda planner is distributed weeklyCouncil Meetings are meetings of the Council in public. 7Meetings are held on the 1stand 3rdMondays at 6:30
Boards and CommitteesRegulatory•Planning Commission•Development Review Board•Board of Abatement•Board of Civil Authority•Library Board of Trustees•Sextons•Steering Committee (Council and School Board)8Policy Committees of Council•Affordable Housing•Bicycle & Pedestrian•City Charter•Common Areas for Dogs•Economic Development•Energy•Housing Trust Fund•Natural Resources and Conservation•Pension Advisory•Public Art•Recreation & ParksOthers•Chittenden County Public Safety Authority•Chittenden County Regional Planning Commission•Green Mountain Transit•Chittenden Solid Waste District•Champlain Water District•Winooski Valley Parks District•Burlington International Airport Commission•Town Meeting TVRecent Past –Task Forces•Climate Action Plan•Airport Rezoning
Transparency •All (but executive session) communication by a Council member discussing City business is considered public •Use your @southburlingtonvt.gov email to conduct City business •Meetings must be warned with minutes produced •Avoid instances where 3 or more Council members are present and discussing current or future items before the Council•Information can be shared via email but debate must take place in public setting. Careful of “reply all.” •Executive session content and items marked confidential must be kept private. —Do not forward confidential emails—Do not talk about Executive session outside of Executive Session9Goals are that the public trust in its officers is preserved and ensure that all decisions made by public officers are based on the best interests of the municipality.
Conflict of Interest and Code of Ethics10•The City Council Adopted a Conflict of Interest and Ethics Policy for Elected and Appointed Officials on March 3, 2022. You will readopt tonight. •This Policy is adopted pursuant to requirements of Vermont Statutes (24 V.S.A. §2291(10) and 24 V.S.A. §1984).•The purpose of the Policy is:Ensure that the business of the City will be conducted in such a way that no public officer of the City will gain a personal or financial advantage from his or her work for the CityPreserve public trust in its officersEnsure that all decisions made by public officers are based on the best interests of the City
Conflict of Interest and Code of Ethics11•What is a conflict of Interest?A real or seeming incompatibility between a public officer’s private interests and their public or fiduciary interests to the municipality they serve.Generally –If you feel that you are unable to act in the best interest of the City of South Burlington because of some other interest, you may have a conflict•What is not a conflict of Interest?It is not a conflict of interest if your interest is no greater than that of other persons generally affected by the decision
Conflict of Interest and Code of Ethics•What to do if you have a conflict of interest?Disclose the conflict if you have an actual or perceived conflictRecuse yourself from the discussion/voteIf have a conflict but believe you are able to act fairly, objectively and in the public’s interest in spite of the conflictMust publicly state why you believe you are able to act in the matter fairly, objectively and in the public’s interest.If you can’t or are unwilling to publicly make such a statement, you must recuse from discussion/vote•If you are recused:You cannot sit with the public bodyYou cannot deliberate with the public bodyYou cannot participate in the discussion about that official act in capacity as public officer12
Manager Authority•Serves as the Chief Executive Officer•Prepare the annual budgets and administer them•Oversee all ordinance enforcement, collection of funds, and expenditure of funds•Serve as the Personnel Director and hire, manage, and fire (if needed) staff•Regularly report to the Council on finances and operations•Attend and participate in all Council meetings •Serves as the Councilors’ primary support13See International City Management Association’s (ICMA) Code of Ethics
Communicating with Staff•Questions and requests should be directed to the Manager•To the extent that general questions or history is requested, it will be shared with the full Council •Councilors are encouraged to: —Attend facility tours with Department Heads and the Manager —Reach out to staff before meetings with questions and to understand more about an issue or item on the agenda. •The Manager must be cc’ed on all correspondence between staff and Councilors •Direct constituents to the City Manager when asked about an operational issue•Emergency Situations—The City Manager or Acting City Manager will attempt to keep the council informed—During emerging events, the focus must be on the event and public safety. In these instances, it’s best to speak with one voice (Manager, Chief, Council Chair)14
Staff Authority: As Directed by State StatuteZoning Administrator: Must adhere to 24 V.S.A. Chapter 17 and enforce the Land Development Regulations. Police Chief: Must adhere to 24 V.S.A Chapter 55 and enforce all local and state laws. Fire Staff and Building Inspector: Must adhere to V.S.A. relevant to a variety of building trades and fire safety protocols. City Clerk: Must adhere to 24 V.S.A. Chapter 35 and administer all elections and recording as prescribed. 15
City Organization and Staffing 16Employees•About 176 regular employees•Another 15 –20 per diems, substitutes, seasonal employeesLabor Relations•South Burlington Career Firefighters’ Association (IAFF Local 3671)•South Burlington Police Officers’ Association (NEPBA)•AFSCME (DPW and City Hall)Council serves as the final appeal body for employee grievances. *Slightly outdated
FY23 Tax Rate Breakdown17FY23 Budget Funds$ 28,461,478.56 General Fund$ 812,307.27 Pennies$ 5,074,576.74 Wastewater$ 4,420,196.58 Stormwater$ 3,056,039.00 Water$ 10,700,578.61 Special Funds$ 52,525,176.75 To be raised from property taxes = $17,962,812.57% of non‐homestead% of residentialFY23 Tax Rate24.3%26.5%$0.4660Municipal $1.2953School (residential)$1.4516School (non‐homestead)$1.7613Total residential$1.9176Total non‐homesteadChittenden County FY23 Tax Rates (Non‐homestead) •4thlowest tax rate (out of 17)•8thlowest equalized tax rate (out of 17)Source: Dec 2022 Allen, Brooks & Minor Report
FY24 Budget18
American Rescue Plan Act (ARPA)19City accepted funds as “revenue loss” so they can be used for any municipal purpose.
Climate Action Plan: Pending Implementation20FY26FY25FY24NEW: Climate Action Plan Implementation$129,468$124,488$119,700STAFF: Climate Director / Technical Planner (implementation strategy, ordinance research and drafting, data collection and reporting, recommendation on financing plan)$93,504$89,908$86,450STAFF: Sustainability community engagement manager and analyst (engagement, researcher grants opportunity, relationship, planner)$108,160$104,000$100,000Consultant (planning & design of city projects, experts to advise)$108,160$104,000$100,000Public outreach funding (meetings, stipends, events by sectors or interest groups, materials)$400,000$500,000Enforcement Team (~3 FTEs: Inspector for single family homes, additional Inspector, Administrative support, 2 vehicles, materials)TBDTBD***CIP Additional Investment (City vehicle charging stations, expanded bike/ped facilities, etc)$839,292$922,396$406,150TOTAL$0.02$0.02$0.01pennies4.39%4.83%2.13%percent*** FY24 Proposed CIP includes investment in paths, charging stations at DPW, East‐West bridge, weatherization of Wheeler House, hybrid police cruisers, and upgrade to Airport Parkway and Bartlett Bay Treatment Facilities Underway with grant support•Transportation Implementation Plan•Government Operations Implementation Plan
Priority Projects (a selection)21•Comprehensive Plan Update –Completed in 2024•TIF Projects –ROW acquisition in conformity with the Uniform Act̶East‐West Crossing̶Williston Rd Streetscapes̶City Center Park Boardwalk̶Garden Street and Williston Road realignment•Bartlett Bay Wastewater Treatment Plant upgrades•Dorset Street Signal Improvements•UMall Redevelopment •Plan for a future Recreation Center•Support community, regional and state housing needs with a focus on affordable housing•Charter change process on governance•Rental Ordinance in development•How can we be a more equitable and inclusive community?See also: FY23 Policy Priorities & Strategies
Active Lawsuits •30 Myers Court •Vermont Environmental Court Appeal of Development Review Board’s Denial of Conditional Use Application for construction of an Accessory Dwelling Unit•835 Hinesburg Road v. City of South Burlington –two cases:1. Environmental Court Appeal of City’s denial of interim zoning development application2. Federal Court constitutional claim challenge to City’s Land Development Regulations•Following grant of City’s motion to dismiss by U.S. District Court, District of Vermont, case is currently on appeal to U.S. Second Circuit Court of Appeals22
Resources•Municipal Charter•Council Rules of Procedures •Council Conflict of Interest and Ethical Conduct Policy •FY23 Policy Priorities and Strategies23Jessie Baker Helen RiehleCity Manager City Council Chairjbaker@southburlingtonvt.gov hriehle@southburlingtonvt.gov(802) 578‐8264 (802) 318‐3425
ICMA CODE OF ETHICS
The mission of ICMA is to create excellence in local governance by developing and fostering
professional local government management worldwide. To further this mission, certain principles, as
enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
1. We believe professional management is essential to efficient and democratic local
government by elected officials.
2. Affirm the dignity and worth of local government services and maintain a deep sense of
social responsibility as a trusted public servant.
3. Demonstrate by word and action the highest standards of ethical conduct and integrity in all
public, professional, and personal relationships in order that the member may merit the trust
and respect of the elected and appointed officials, employees, and the public.
4. Serve the best interests of the people.
5. Submit policy proposals to elected officials; provide them with facts, and technical and
professional advice about policy options; and collaborate with them in setting goals for the
community and organization.
6. Recognize that elected representatives are accountable to their community for the decisions
they make; members are responsible for implementing those decisions.
7. Refrain from all political activities which undermine public confidence in professional
administrators. Refrain from participation in the election of the members of the employing
legislative body.
8. Make it a duty continually to improve the member’s professional ability and to develop the
competence of associates in the use of management techniques.
9. Keep the community informed on local government affairs; encourage communication
between the citizens and all local government officers; emphasize friendly and courteous
service to the public; and seek to improve the quality and image of public service.
10. Resist any encroachment on professional responsibilities, believing the member should be
free to carry out official policies without interference, and handle each problem without
discrimination on the basis of principle and justice.
11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a
member’s decisions pertaining to appointments, pay adjustments, promotions, and discipline.
12. Public office is a public trust. A member shall not leverage his or her position for personal
gain or benefit.
Adopted by the ICMA Executive Board in 1924, and most recently revised by the membership in June 2020.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
City Council Rules of Procedure
Adopted: March 20, 2023
Article 1: Purpose.
The South Burlington City Council and its appointed Boards, Committees, and Commissions, are required by
law to conduct meetings in accordance with the Vermont Open Meeting Law (1 V.S.A. §§ 310-314.) The
authorities of the City Council and City Manager are established in the South Burlington City Charter (24A
V.S.A. Chapter 13.) The City Council must determine its own rules and order of business under 24A V.S.A. §
13-305.
Article 2: Application.
This policy setting forth rules of procedure shall apply to the South Burlington City Council, which is referred to
below as “the body.” These rules shall apply to all regular, special, and emergency meetings of the body.
While this policy is not directly applicable to Boards, Committees, and Commissions as appointed by the City
Council, such bodies are subject to the requirements of the Vermont Open Meeting Law, 1 V.S.A. §§ 310-314.
Article 3. Organization of the City Council.
a. Annually the City Council elects a Chair, Vice Chair, and Clerk to preside over City Council meetings.
The Vice Chair shall preside over all meetings where the Chair is absent. If both the Chair and Vice
Chair are absent, a member selected by the body shall act as chair for that meeting.
b. The Chair shall preserve order in the meeting and shall regulate its proceedings by applying these rules
and making determinations about all questions of order or procedure. The City Manager will support
the Chair in this effort.
c. A majority of the members of the body shall constitute a quorum. If a quorum of the members of the
body is not present at a meeting, no meeting shall take place.
d. No single member of the body shall have authority to represent or act on behalf of the body unless, by
majority vote, the body has delegated such authority for a specific matter at a duly noticed meeting
and such delegation is recorded in the meeting minutes.
e. Motions made by members of the body do require a second. The Chair or presiding chair may make
motions and may vote on all questions before the body. A motion will only pass if it receives three or
more affirmative votes.
f. There is no limit to the number of times a member of the body may speak to a question. A member
may speak or make a motion only after being recognized by the Chair or presiding chair. Motions to
close or limit debate will be entertained.
g. Any member of the body may request a roll call vote at any time.
h. Members are allowed to attend a meeting electronically. Pursuant to 1 V.S.A. § 312(a)(2), when one or
more members attend a meeting electronically, a roll call vote is required for votes that are not
unanimous. While allowed by State Statute or action, meetings may take place fully electronically or
virtually assuming that the meeting is properly warned and the electronic access to the meeting is
included in the warning.
i. Meetings may be recessed to a time and place certain.
j. These rules may be amended by majority vote of the body, and must be readopted annually.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Article 4: Council Meeting Agendas.
a. Each regular and special meeting of the body shall have an agenda.
i. Councilors may add discussion or de minimis action items of business to the agenda at the
beginning of the meeting upon vote of the full Council. However, it is requested that
Councilors follow (ii) below.
ii. Councilors, staff, or members of the public who wish to be added to the meeting agenda shall
contact the City Manager and Chair by close of business on a Wednesday prior to a regular
meeting to request inclusion on the agenda. Requests for agenda items from the public must
be put in writing to the Manager and Chair. The Chair, in consultation with the City Manager,
shall determine the final content of the agenda. If two or more Councilors or, per the City’s
charter, a signed petition of more than 15 members of the public request an agenda item, the
Chair and Manager must add it to the agenda.
iii. The agenda shall indicate the name of the official proposing the item and estimated time
required for the item. This time is an estimate only and not guaranteed.
iv. Each agenda may contain a “Consent Agenda” section. Items listed on the Consent Agenda
may be voted upon collectively. Examples of such items are the minutes of prior meetings,
disbursements, routine approvals, approval items from past meetings, and other non-
controversial matters. The request of a single Councilor is sufficient cause to remove an item
from the Consent Agenda and vote on it separately.
v. Each agenda will contain an item on pledge of allegiance, agenda review, public comment, City
Manager updates, and Councilor updates.
vi. If meetings are to be held remotely or virtually, the log-in information for this meeting shall be
included on the agenda.
b. At least 48 hours prior to a regular meeting, and at least 24 hours prior to a special meeting, a meeting
agenda shall be posted at the following designated public places in the municipality: City Hall/Library,
the South Burlington School District, and Healthy Living. At least 48 hours prior to a regular meeting,
and at least 24 hours prior to a special meeting, a meeting agenda and supporting materials shall be
posted on www.southburlingtonvt.gov. The agenda must also be made available to any person who
requests such agenda prior to the meeting.
c. All business shall be conducted in the same order as it appears on the noticed agenda, except that any
addition to or deletion from the noticed agenda must be made as the first act of business at the
meeting. No additions to or deletions from the agenda shall be considered once the first act of
business at the meeting has commenced. Any other adjustment to the noticed agenda (for example,
changing the order of business or postponing or tabling actions) may be made by a majority vote of the
body.
Article 5: Council Meetings.
a. Regular meetings shall take place on the first and third Mondays of the month at 6:30 p.m. at the
Auditorium at 180 Market Street or remotely/virtually as allowed under State Statute or action.
b. Special meetings shall be publicly announced 24 hours in advance by giving notice to all members of
the body; to an editor, publisher or news director, or radio station serving the area; and to any person
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
who has requested notice of such meetings in writing. In addition, notices shall be posted at City Hall
and the following designated places in the municipality: the South Burlington School District and
Healthy Living.
c. Emergency meetings may be held without public announcement, without posting of notices, and
without 24-hour notice to members, provided some public notice thereof is given as soon as possible
before any such meeting. When practicable under the circumstances, members will be given at least
12 hours’ notice. Emergency meetings may be held only when necessary to respond to an unforeseen
occurrence or condition requiring immediate attention by the public body.
d. A member of the body may attend a regular, special, or emergency meeting by electronic or other
means without being physically present at a designated meeting location, so long as the member
identifies him or herself when the meeting is convened, and is able to hear and be heard throughout
the meeting. Whenever one or more members attend electronically, voting that is not unanimous must
be done by roll call. While allowed by State Statute or action, meetings may take place fully
electronically or virtually assuming that the meeting is properly warned and the electronic access to
the meeting is included in the warning.
e. In accordance with 1 V.S.A. § 313, the body may convene in Executive Session as needed.
f. The Council shall follow the most recent version of Robert's Rules of Order when a particular action or
procedure is not addressed by these Rules of Procedure or the City Charter.
Article 6: Public Participation in Council Meetings.
a. All meetings of the body are meetings in the public, not of the public. Members of the public shall be
afforded a reasonable opportunity to express opinions about matters considered by the body, so long
as order is maintained according to these rules.
b. The Chair or presiding chair can limit the time of the public comment, or the time an individual is
allowed to speak, to ensure the timely work of the body. It is the intention that at least ten minutes be
allocated for public comment at the beginning of each meeting. This may be expanded if needed.
c. During each agenda item, the Council will first hear from staff or the official presenting the item and
then have discussion among themselves. At the end of discussion of each agenda item, but before any
action is taken by the public body at each meeting, there must be time afforded for open public
comment.
d. Comment by the public or members of the body must be addressed to the Chair (or presiding chair) or
to the body as a whole, and not to any individual member of the body or public.
e. Comment by the public must first start with the individual’s name and connection to South Burlington.
No anonymous comments will be accepted. Chat on virtual meeting platforms will be disabled and not
part of the public record.
f. Members of the public must be acknowledged by the Chair or presiding chair before speaking.
g. If a member of the public has already spoken on a topic, he or she may not be recognized again until
others have first been given the opportunity to comment.
h. Order and decorum shall be observed by all persons present at the meeting. Neither members of the
body, nor members of the public, shall delay or interrupt the proceedings or the peace of the meeting
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
or interrupt or disturb any member while speaking. Members of the body and members of the public
are prohibited from making personal, impertinent, or threatening remarks.
i. Members of the body and members of the public shall obey the orders of the Chair or other presiding
member. The Chair or presiding chair should adhere to the following process to restore order and
decorum of a meeting, but may bypass any or all steps when he or she determines in his or her sole
discretion that deviation from the process is warranted:
i. Call the meeting to order and remind the members of the applicable rules of procedure.
ii. Declare a recess or table the issue.
iii. Adjourn the meeting until a time and date certain.
iv. Order the constable or police to remove disorderly person(s) from the meeting.
v. If virtual, may remove a participate from the meeting if behavior is disrespectful or unruly.
Article 7: Constituent Relations. As elected officials, members of the public will look to City Councilors as a
primary point of contact for issues that concern the city or the community. When talking with constituents,
Councilors must avoid speaking on behalf of the Council except to refer to an action previously adopted.
Councilors must refrain from negotiating or giving the appearance of negotiating on behalf of the city without
explicit Council delegation of authority. The City Manager is responsible for allocating resources, assuring
services are provided, and staff management. Communication about these should be directed to the City
Manager.
Article 8: Electronic Communications and Public Records. All communication by a Councilor discussing City
business is considered public and is subject to Vermont Public Records Act requests. The Councilors are
provided an email address from the City of South Burlington. This email address should be used for all City
business and is the property of the City. All messages from and to this account must be saved. Email can be
used to file a report or schedule a meeting. All discussion and debate should take place in an open session of
the Council.
Article 9: Media Relations. Members of the media may contact Councilors for a quote or for perspective on
an issue facing the City. Councilors may speak on the Council’s behalf only if authorized to do so by the
Council. The Council’s policy perspective is usually publicly communicated by the Chair or a specific councilor
delegated by a vote of the full Council. Questions and inquiries related to day-to-day operations, personnel, or
legal issues should be directed to the City Manager.
Article 10: City Staff. The City Manager is the primary contact between the Council and City staff. To the
extent that Councilors are reaching out to staff directly for information, the Manager should be copied on the
communication. The Council cannot provide direction to staff. To the extent that Councilors have general
questions, responses will be provided directly to the Councilor who asked the question. To the extent that
Councilors ask questions about history, for details on operations, or other general implementation questions,
this information will be shared with the full Council.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Article 11: Emergency Response. City staff are charged with responding to and managing the scene of
emergency situations. During emergencies, staff’s foremost concern is managing the situation and keeping
the City and residents safe. In these instances, the Manager will be the primary contact between City staff and
the Council. Should a situation escalate to the point of requiring an exceptional need for coordinated effort
that cannot be managed at the scene, an Emergency Operations Center (EOC) will open. It may become
necessary to convene the Council in order to address needs or provide for a coordinated information process
with residents and/or media. Should this occur, the Manager will notify the Council.
Article 12: Effective Date. This policy shall become effective immediately upon its adoption by the South
Burlington City Council.
Submitted by:
_______________________ ____________________
Jessie Baker, City Manager Date
Approved by:
__________________________
Helen Riehle, Chair
__________________________
Meaghan Emery, Vice Chair
__________________________
Tim Barritt, Clerk
__________________________
Tyler Barnes
__________________________
Andrew Chalnick
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
Conflict of Interest and Ethics Policy for Elected and Appointed Officials
Adopted: March 20, 2023
Article 1. Authority. Under the authority granted in 24 V.S.A. § 2291(20) and pursuant to 24 V.S.A. § 1984, the
City of South Burlington hereby adopts the following policy concerning conflicts of interest and ethical
conduct.
Article 2. Purpose. The purpose of this policy is to ensure that the business of this municipality will be
conducted in such a way that no public officer of the municipality will gain a personal or financial advantage
from his or her work for the municipality and so that the public trust in its officers will be preserved. It is also
the intent of this policy to ensure that all decisions made by public officers are based on the best interests of
the municipality.
Article 3. Application. This policy applies to all individuals elected or statutorily‐appointed to perform
executive, administrative, legislative, or quasi‐judicial functions of the City of South Burlington. This includes
City Council members and all appointed committee members or trustees. As of the date of adoption of this
policy, the City’s public bodies are:
City Council
Affordable Housing
Bicycle & Pedestrian
Board of Abatement
Board of Civil Authority (BCA)
City Charter
Common Area for Dogs
Development Review Board (DRB)
Economic Development
Energy
Housing Trust Fund
Library Board of Trustees
Natural Resources & Conservation
Pension Advisory
Planning Commission
Public Art
Recreation & Parks
Sextons
Steering Committee
Article 4. Definitions. For the purposes of this policy, the following definitions shall apply:
A. Conflict of interest means any of the following:
1. A real or seeming incompatibility between a public officer’s private interests and his or her public or
fiduciary interests to the municipality he or she serves. A conflict of interest arises when there is a
direct or indirect personal or financial interest of a public officer or a person or group closely tied with
the officer including his or her spouse, household member, child, stepchild, parent, grandparent,
grandchild, sibling, aunt or uncle, brother‐ or sister‐in‐law, business associate, or employer or
employee in the outcome of an official act or action, or any other matter pending before the officer or
before the public body in which the public officer holds office. A conflict of interest may take any of the
four following forms:
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
a. A direct financial conflict of interest arises when a public officer acts on a matter that has a
direct financial impact on that officer.
b. An indirect financial conflict of interest arises when a public officer acts on a matter that has a
financial impact on a person or group closely tied to the officer.
c. A direct personal conflict of interest arises when a public officer acts on a matter that has a
direct impact on the officer in a non‐financial way but is of significant importance to the officer.
d. An indirect personal conflict of interest arises when a public officer acts on a matter in which
the officer’s judgment may be affected because of a familial or personal relationship or
membership in some organization and a desire to help that person or organization further its
own interests.
2. A situation where a public officer has publicly displayed a prejudgment of the merits of a particular
quasi‐judicial proceeding. This shall not apply to a member’s particular political views or general
opinion on a given issue.
3. A situation where a public officer has not disclosed ex parte communication(s) related to a quasi‐
judicial proceeding that is before the body to which that officer belongs.
A "conflict of interest" does not arise in the case of an official act or action in which the public officer has a
personal or financial interest in the outcome, such as in the establishment of a tax rate, that is no greater
than that of other persons generally affected by the decision.
B. Emergency means an imminent threat or peril to the public health, safety, or welfare.
C. Ex Parte Communication means direct or indirect communication between a member of a public body and
any party, party’s representative, party’s counsel or any person interested in the outcome of a quasi‐
judicial proceeding, that occurs outside the proceeding and concerns the substance or merits of the
proceeding.
D. Official act or action means any legislative, administrative or quasi‐judicial act performed by any public
officer while acting on behalf of the municipality. This term does not apply to ministerial acts or actions
wherein no discretionary judgment is exercised.
E. Public body means any board, council, commission, or committee of the municipality.
F. Public interest means an interest of the municipality, conferred generally upon all residents of the
municipality.
G. Public officer means a person elected or statutorily‐appointed to perform executive, administrative,
legislative, or quasi‐judicial functions for the municipality. Public officer does not mean municipal
employees covered under the city’s personnel rules and regulations.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
H. Quasi‐judicial proceeding means a case in which the legal rights of one or more persons who are granted
party status are adjudicated, which is conducted in such a way that all parties have opportunities to
present evidence and to cross‐examine witnesses presented by other parties, and which results in a
written decision, the result of which is appealable by a party to a higher authority.
Article 5. Prohibited Conduct.
A. A public officer shall not participate in any official act or action if he or she has a conflict of interest,
whether real or perceived, in the matter under consideration.
B. A public officer shall not personally – or through any member of his or her household, business associate,
employer or employee – represent, appear for, or negotiate in a private capacity on behalf of any person
or organization that has an interest in an official act or action pending before the public body in which the
public officer holds office.
C. A public officer shall not accept gifts or other offerings for personal gain by virtue of his or her public office
that are not available to the public in general.
D. A public officer will not request or accept any reward, gift, or favor for taking an official act or action or
advocating for or against an official act or action.
E. A public officer shall not use resources unavailable to the general public – including but not limited to
municipal staff time, equipment, supplies, or facilities – for private gain or personal purposes.
F. A public officer who is a member of a public body shall not give the impression that he or she has the
authority to make decisions or take actions on behalf of that body.
Article 6. Disclosure. A public officer who, while serving on a public body, may have a conflict of interest,
whether real or perceived, in a matter under consideration by that public body shall, prior to taking an official
act or action or participating in any official act or action on the matter, publicly disclose at a public meeting or
public hearing that he or she has an actual or perceived conflict of interest in the matter under consideration
and disclose the nature of the actual or perceived conflict of interest. Alternatively, a public officer may
request that another public officer recuse him or herself from a matter due to a conflict of interest, whether
real or perceived.1
Article 7. Consideration of Recusal. Once there has been a disclosure of an actual or perceived conflict of
interest, other public officers shall be afforded an opportunity to ask questions or make comments about the
situation. If a previously unknown conflict is discovered during a meeting or hearing conducted by a public
1 Such request shall not be considered an order for the officer to recuse him or herself.
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body of the municipality, the public body shall take evidence pertaining to the conflict and, if appropriate,
adjourn to an executive session to address the conflict.
Article 8. Recusal.
A. Recusal of Appointed and Elected Officers. After taking the actions listed in Articles 6 and 7, a public
officer, whether appointed or elected, shall declare whether he or she will recuse him or herself and
explain the basis for that decision. If the public officer has an actual or perceived conflict of interest but
believes that he or she is able to act fairly, objectively, and in the public interest, in spite of the conflict, he
or she shall state why he or she believes that he or she is able to act in the matter fairly, objectively, and in
the public interest.2 Otherwise, the public officer shall recuse him or herself from the matter under
consideration. A public officer that recuses him or herself may, but not must, explain the basis for that
decision.
B. Recusal of Appointed Officers. The failure of an appointed public officer to recuse himself or herself in
spite of a conflict of interest, whether real or perceived, may be grounds for discipline or removal from
office.3
Article 9. Recording. The minutes of the meeting or the written decision / minutes from the meeting / hearing
shall document the actions taken in Articles 6 through 8.
Article 10. Post‐Recusal Procedure.
A. A public officer who has recused himself or herself from participating in an official act or action by a public
body shall not sit with the public body, deliberate with the public body, or participate in the discussions
about that official act or action in any manner in his or her capacity as a public officer, though such
member may still participate as a member of the public or private party, if applicable.
B. The public body may adjourn the proceedings to a time, date, and place certain if, after a recusal, it may
not be possible to take action through the concurrence of a majority of the total membership of the public
body. The public body may then resume the proceeding with sufficient members present.
Article 11. Enforcement.
2 Each member of an elected public body is independently elected and answers only to the voters. Therefore, unless there is a
local ordinance or charter provision that states otherwise, the remaining members of the body may not force recusal. They may
only express their opinion about the subject and/or privately or publicly admonish a fellow member who fails to handle conflicts
appropriately.
3 Certain appointed public officers such as members of the Development Review Board may only be removed for cause and after
being afforded with procedural due process protections including notice and a reasonable opportunity to be heard.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
A. Enforcement Against Elected Officers; Consequences for Failure to Follow the Conflict of Interest
Procedures. In cases in which an elected public officer has engaged in any of the prohibited conduct listed
in Article 5, or has not followed the conflict of interest procedures in Articles 6 through 10, the City of
South Burlington City Council may, in its discretion, take any of the following disciplinary actions against
such elected officer as it deems appropriate:
1. The chair of the City of South Burlington City Council may meet informally with the public officer to
discuss the possible conflict of interest violation. This shall not take place in situations where the chair
and the public officer together constitute a quorum of a public body.
2. The City of South Burlington City Council may meet to discuss the conduct of the public officer.
Executive session may be used for such discussion in accordance with 1 V.S.A. § 313(a)(4). The public
officer may request that this meeting occur in public. If appropriate, the City of South Burlington City
Council may admonish the offending public officer in private.
3. The City of South Burlington City Council may admonish the offending public officer at an open
meeting and reflect this action in the minutes of the meeting. The public officer shall be given the
opportunity to respond to the admonishment.
4. Upon majority vote in an open meeting, the City of South Burlington City Council may request (but not
order) that the offending public officer resign from his or her office.
B. Enforcement Against Appointed Officers. The City of South Burlington City Council may choose to follow
any of the steps articulated in Article 11A. In addition to or in lieu of any of those steps, the City of South
Burlington City Council may choose to remove an appointed officer from office, subject to state law.
Article 12. Exception. The recusal provisions of Article 8 shall not apply if the City of South Burlington City
Council determines that an emergency exists or that actions of a quasi‐judicial public body otherwise could
not take place. In such a case, a public officer who has reason to believe he or she has a conflict of interest
shall only be required to disclose such conflict as provided in Article 6.
Article 13. Effective Date. This policy shall become effective immediately upon its adoption by the City of
South Burlington City Council.
Approved by:
__________________________ __________________________
Helen Riehle, Chair Meaghan Emery, Vice Chair
__________________________ __________________________
Tim Barritt, Clerk Tyler Barnes
__________________________
Andrew Chalnick
104 Landfill Road, South Burlington, VT 05403 www.southburli ngt onvt.gov tel 802.658.7961
Memorandum
To: South Burlington City Council
From: Thomas DiPietro, Director of Public Works
Cc: Jessie Baker, City Manager
Erica Quallen, Deputy Director of Capital Projects
Date: March 14, 2022
Re: School Board Traffic Request Dated February 20, 2023
On February 20, 2023, the South Burlington City Council received a letter from Violet Nichols, Superintendent
of Schools, requesting the City’s support with a variety of school safety issues related to traffic and pedestrians
(document attached). This memo provides Council with a summary of the actions that are underway to address
these concerns and provide some possible actions to facilitate the improvements outlined in Ms. Nichols’ letter.
Item 1: Reduce the speed limit to 25 mph in and around all schools, creating school zones marked with
traffic signs.
This item, under Vermont law, includes two separate components: setting speed limits, and establishing school
zones (which can also set speed limits).
a) Reduce Speed Limits to 25 mph:
The speed limit on all roads accessing Orchard, Rick Marcotte Central, and Gertrude Chamberlin Schools is
25 mph. This includes Baldwin Ave and adjoining neighborhood streets near Orchard School; Market
Street by Central School; and White Street and Hanover Street by Chamberlin School.
The area of Dorset Street serving Frederick H. Tuttle Middle and South Burlington High Schools is a 35
mph zone.
Consideration of reducing the speed limit on Dorset Street in this area would require an engineering
analysis completed according to Vermont Statute 23 V.S.A. § 1007, which states that speed limits are to be
set “on the basis of an engineering and traffic investigation”. These studies typically involve collecting data
on vehicle speeds and volumes, crashes, geometric conditions, and nearby pedestrian, and bicycle facilities.
This will determine the 85th percentile speed (i.e., the speed at which 85% of the vehicles are travelling at or
below), which is the primary metric for setting speed limits and the Manual on Uniform Traffic Control
Devices (MUTCD) recommends setting speed limits within 5 mph of the 85th percentile speed.
b) Establishing School Zones
School Zones are a separate category of speed and traffic management from general speed limit guidelines.
A school zone analysis can take adjacent land use patterns into consideration (including schools, sidewalks,
housing, etc.) in determining the appropriate speed limit.
In response to a request from the public in 2022, the City worked with the Chittenden County Regional
Planning Commission (CCRPC) to study the area near Chamberlin School. This study collected the data
outlined above and recommended that a school zone be designated under Vermont Statute 19 V.S.A. § 921
which states “Municipalities shall erect or cause to be erected on all public highways near a school warning
2
signs conforming to the standards of the [MUTCD] as provided in 23 V.S.A. § 1025”. On October 3, 2022,
City Council updated the City’s “Resolution Establishing Speed Limits on Public Streets and Highways” to
allow school zones with signed and enforceable speed limits. There is presently one school zone established
within the South Burlington Speed Limit Resolution. It is on White Street near the Chamberlin School.
To establish school zones near the other schools, the City could work with the CCRPC or a consultant to
evaluate each location and understand if the designation of a school zone is appropriate, and what
infrastructure would be required. The school zones would need to be designed by a professional engineer
and adopted by City Council within the speed limit Resolution.
Reviewing and establishing a school zone near the middle and high schools would be more complex than
for Central School or on Baldwin Avenue by Orchard school. This is due to the volume of traffic, multiple
lanes, and other factors. Capital costs to implement a school zone on a four-lane road such as Dorset Street
are likely to be substantially more expensive than the school zone near Chamberlin School.
Item 2: Install blinking speed radar signs in these areas (i.e., in the vicinity of schools).
The newly established school zone near the Chamberlin school will include radar speed feedback signs when
funding for installation of this equipment becomes available (anticipated in late FY23). Similar radar speed
feedback signs can be purchased and installed near other schools (please note that they would indicate the
current speed limit unless a designated school zone is created). The cost of this equipment is $22,100 for each
installation. Existing budget line items can’t support a purchase of this size, so these would need to be included
in a future Capital Improvement Plan (CIP), or authorization given to exceed existing line items in the FY23 or
FY24 budget.
Item 3: Modify lighting in these school zones to be on and bright during all hours where additional light
is needed to safely ensure student crossing/transportation.
There are currently street lights installed on Dorset Street, Market Street, and White Street near the Middle/High
school, Rick Marcotte School, and Gertrude Chamberlin School, respectively. Lights along Dorset Street and
White Street are general purpose, intended to provide basic lighting for all users, while Market Street lighting is
lower and more oriented to a downtown environment which serves both on- and off-street users. All of these
lights are equipped with sensors (i.e. photocells) and automatically turn on in the evening.
Outside of Market Street, Garden Street, and San Remo Drive, the City does not currently have pedestrian scale
lighting along any of our sidewalks or shared use paths. However, a study is underway to establish design
standards for pedestrian scale lighting along the shared use path on Kennedy Drive (where no lighting of any
kind currently exists). We anticipate that this study will be complete by the end of May 2023. Once we have a
design standard, the City could investigate the installation of additional lighting in other locations (e.g., Dorset
Street near the middle and high schools). Any installation of pedestrian scale lighting along an existing street
would need to be included as a project in the City’s CIP.
Item 4: Provide additional police support monitoring traffic on Market Street
The Police Department continues to partner with the leadership of the Rick Marcotte Central School and would
welcome the opportunity to increase these efforts with District-hired crossing guards at the Market Street/School
access intersection and elsewhere as needed.
3
Item 5: Crossing guard assistance around Rick Marcotte Central School due to the increase in planned
development.
Our understanding is that funding for crossing guards is an allowable expense through the Vermont State
Education Fund. If the School were to employ crossing guards, our Police Department could provide training
and guidance to these individuals once hired.
The City is working with CCRPC staff and a consultant to complete a traffic study in the City Center area which
encompasses intersections near the elementary school. This study will collect current traffic conditions and
evaluate intersection levels of service. The study will provide information related to when warrants are likely to
be met for changes to intersection control devices (i.e., stop signs or traffic signals) and recommend additional
improvements that could be made at intersections along Market Street to improve safety for all users. This study
could, with funding partners’ approval, be expanded to include a school zone analysis. This study is currently
scheduled for completion in fall 2023.
As City Center continues to develop and we move forward with our shared goals of building a downtown and
addressing climate change, we need to rethink the culture around getting to school (and other destinations) in a
developed downtown. As a community, we need to work towards an environment where more parents and
students feel comfortable utilizing modes of transportation other than personal vehicles in order to move about
our new downtown.
Item 6: Consider the implementation of speed bumps.
Speed bumps are one of many traffic calming solutions that may be appropriate for installation when an
engineering study indicates that vehicles are not traveling at the prescribed speed limit. The effectiveness of
traffic calming features such as these is highly dependent on the context of the roadway and surrounding
network which would be assessed prior to formal design and installation through an engineering analysis.
Additionally, the City is in the process of replacing all traffic signals on Dorset Street from Williston Road to
Kennedy Drive. It is anticipated that this work will be completed in the Fall 2023. The project includes updated
pedestrian infrastructure, which will allow for greater control and programming of the signals and crosswalks
near the middle and high schools.
Next Steps: City Council may want to consider the following next steps:
• Identify a funding source for the engineering analyses necessary to establish school zones near other
South Burlington Schools. It is estimated that the cost for this analysis would be between $7,000 and
$12,000 for each location. This cost does not include installation of any recommended
equipment/infrastructure.
• Include funding in a future CIP or make a mid-year adjustment to enable the purchase of school zone
signage with radar speed feedback signs. The cost for each installation would be approximately
$22,100.
• Include funding in a future CIP for the signage and hardware necessary for improvements identified in
school zone analyses.
• Identify a funding source to evaluate the sufficiency of existing lighting in the public right of way near
the schools and make recommendations for improvement.
• Support the School District in implementing a Safe Routes to School program in partnership with Local
Motion.
1
Jessie Baker
From:Donna Leban <lightspd@comcast.net>
Sent:Friday, March 3, 2023 5:16 PM
To:Paul Conner; Helen Riehle; Jessie Baker; Jessica Louisos
Cc:Andrew Chalnick; Ethan Goldman
Subject:'EXTERNAL'Fwd: FW: Town/City support for the DOE grant
Attachments:EnergyFuturesGroup_ConceptPaper.pdf
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 Paul, Helen, Jessica and Jessie,
In the Climate Action Planning, we discussed the problems created by a lack of residential energy code enforcement in
Vermont. H332 is intended to deal with this issue, and along with support from many different organizations, town and
city officials are being asked for their are support of the application for Dept of Energy funding to develop a plan that will
work for Vermont. It also would provide the seed money over 3 yrs to get residential energy code enforcement up and
running.
Testimony is being taken soon on H332. It has the support of the House Committee on Housing and General Affairs
(Emilie Krasnow is on this committe) I've been asked by AIAVT to testify on March 15.
I'm not sure who would need to authorize and write a letter or a simple email stating support for H332 that can be
added to the application, which is due by March 25.
Can South Burlington offer this in support of the DOE Application? Sandy Vitzthum is helping to coordinate outreach,
but you can read the preliminary concept paper, which did get a go‐ahead from DOE to submit the actual grant
application. See attached.
Thank you, and do let me know if you have questions.
Donna Leban
‐‐‐‐‐‐‐‐ Forwarded Message ‐‐‐‐‐‐‐‐
Subject: FW: Town/City support for the DOE grant
Date: Fri, 3 Mar 2023 16:19:18 ‐0500
From: Sandra Vitzthum <vitzthum@sover.net>
To: Donna Leban <lightspd@comcast.net>
CC: Sarah O Donnell <sarah.odonnell@aiavt.org>
Donna, we need your help pretty quickly. You are a So Burlington resident, right?
2
The DOE grant can use municipal support. The process is simple. You just contact your town/city manager,
mayor, or council and ask them to review the attached preliminary application. The next round is due March
25.
We just need a vote of support so we can list the city/town’s name in the next document. We don’t even
need a letter.
Many councils and selectboards only meet twice a month, so this needs to be requested soon.
Can you help?
Thanks!
Sandy
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Vermont Building Energy Code & Ordinance Compliance Project –1/30/2023 Control # 2813-1519
1
Vermont Building Energy Code & Ordinance Compliance Project
Bipartisan Infrastructure Law: Resilient and Efficient Codes Implementation
Funding Opportunity Announcement (FOA) Number: DE-FOA-0002813
FOA Type: Initial
Assistance Listing Number: 81.117
Technical Point of Contact Business Point of Contact
Richard Faesy, Principal Mariana DuBrul, Administrative Manager
(Principal Investigator) Energy Futures Group
Energy Futures Group P.O. Box 587
P.O. Box 587 Hinesburg, VT 05487
Hinesburg, VT 05487 mdubrul@energyfuturesgroup.com
rfaesy@energyfuturesgroup.com 802-482-5001
802-355-9153
Energy Futures Group (EFG)1 will lead this project in partnership with the Vermont Secretary of
State, the listed Project Team Members below, and committed Project Supporters on page 6.
As a Vermont-based firm with a mission “to transform our energy system to one that is clean,
efficient, renewable, safe, affordable and equitable” and strong Vermont relationships, EFG is
uniquely positioned to lead this team and manage this project.
Project Team Members
Energy Futures Group (EFG) (Project Lead)
Vermont Secretary of State (including their Office of Professional Regulation (OPR)) (SOS)
International Code Council (ICC)
Efficiency Vermont (EVT)
Burlington Electric Department (BED)
Vermont Gas Systems (VGS)
Vermont Association of Planning and Development Agencies (VAPDA)
Project Location: State of Vermont
There are no confidential materials included in this submission.
1 https://energyfuturesgroup.com/
Vermont Building Energy Code & Ordinance Compliance Project –1/30/2023 Control # 2813-1519
2
Project Description
Vermont has long been a leading state in energy efficiency policies, programs, and energy code
adoption. However, the same cannot be said about building energy code enforcement and
compliance. There is currently no statute in Vermont designating authority to enforce its energy
codes, and no statewide system for administering its codes, tracking, reporting, or ensuring
compliance. While Vermont is small in population and financial resources, we are similar to
many other rural states. We have collective motivation to identify an authority and implement
a system, but we lack resources. If funded, Vermont can aid the nation by serving as a model
for other rural states while addressing the equitable, clean energy transitions in buildings.
Vermont’s lack of - 1) a designated Authority Having Jurisdiction (AHJ), 2) any statewide energy
code review, inspection, testing, certification, reporting, and enforcement infrastructure, and 3)
a market-based support system of energy professionals to support these efforts – will prevent
the state’s ability to achieve its compliance target of “net-zero ready construction for all newly
constructed buildings by 2030”2. Recent studies3 show only 54% compliance with Vermont’s
older 2015 Residential Building Energy Standards (RBES) and 87% compliance with the 2015
Commercial Building Energy Standards (CBES). As compliance rates drop with each subsequent
version of the code, it is unlikely that the state will be able to meet its 2030 goal.
To address energy burden, equity and emissions, Vermont cities have also recently adopted
innovative approaches to address upgrading existing buildings through building performance
standards and transparency ordinances – particularly for rental properties4. As other Vermont
cities adopt similar and new ordinances, the lack of an AHJ, infrastructure, and ordinance
support systems will debilitate their ability to achieve these goals.
Vermont’s “Building Energy Code & Ordinance Compliance Project” would address this. Energy
Futures Group (EFG)5 has assembled an impactful and diverse group of partners and
stakeholders including the Vermont Secretary of State / Office of Professional Regulation,
legislators, cities, energy efficiency utilities (EEUs), building and contractor trade associations,
planning commissions, advocates, builders, architects, and others committed to solving
Vermont’s lack of a code compliance infrastructure. If funded, the anticipated community
benefits would be new systems to ensure compliance with Vermont’s energy codes and
ordinances to aid in alleviating energy insecurity and energy burdens, including these tasks:
1. Code Compliance Development Plan - Convene a “summer study”-like process in
collaboration with all the key state agencies, state legislators, builders, architects, and
other stakeholders to design and develop an energy code compliance infrastructure for
Vermont that will examine multiple options including designating an AHJ and innovative
compliance and enforcement approaches. Work with state legislators and agencies to
implement that plan, build out the process and procedures, positions, advisory
committees, mechanisms, data systems, filing and builder registries, etc. Hire and fund
2 https://publicservice.vermont.gov/document/2022-comprehensive-energy-plan, p. 180
3 https://publicservice.vermont.gov/efficiency/evaluations-and-studies
4 https://www.burlingtonelectric.com/weatherization-ordinance/ and https://www.montpelier-
vt.org/1299/Home-Energy-Information-Ordinance are recent examples, with additional ordinances on the way.
5 https://energyfuturesgroup.com/
Vermont Building Energy Code & Ordinance Compliance Project –1/30/2023 Control # 2813-1519
3
staff and related expenses for a limited time. Develop the requisite long-term funding
mechanisms to ensure infrastructure and staffing for sustainability post-grant.
2. Energy Professionals Workforce – Investigate innovative options such as a market-based
network of certified energy professionals6 who could provide project review, offer
performance testing, and verify energy code and ordinance compliance. Assist with the
network’s growth and offer business planning guidance and support to ensure business
sustainability for the workforce if deemed a viable compliance solution. Listen to and
work with organizations and individuals embedded within disadvantaged communities
to ensure equitable recruitment and economic development opportunities.
3. Compliance Tools - Investigate innovative energy code and ordinance compliance
approaches for field-based measurements, documentation, generation of energy code
certificates, and filing. Consider providing a DOE Home Energy Score, Vermont Home
Energy Profile7 (energy label), or an ENERGY STAR Portfolio Manager score.
4. Training and Support - Develop and provide RBES and CBES trainings, materials, and
offer technical assistance to AHJ staff, energy professionals, builders, designers, and the
construction industry in support of Vermont’s energy codes, sound building practices
and code and ordinance compliance while focusing on training and recruiting a diversity
of candidates. Provide a training circuit rider to support both the energy codes and the
existing building energy ordinances to construction and real estate groups, cities and
towns, planning commissions, building suppliers, trade associations and others to
ensure increased awareness of the new 2023 energy codes, the new code compliance
infrastructure, available technical trainings and resources, and other support for
professionals and towns interested in considering energy ordinances.
5. Project Advisory Committee - Create and support an advisory committee made up of
Vermont, regional, and national experts and stakeholders to provide input and guidance
to the Project Team, making sure to represent the interests of energy, equity, and
environmental justice (EEEJ) communities and LMI households.
Developing and implementing these elements would fill in the missing gaps in Vermont’s
energy efficiency ecosystem and help ensure achievement of the state’s 2030 new construction
goals while addressing climate impacts, affordability challenges, energy insecurity, and ensuring
housing that is energy efficient, comfortable, safe, healthy, and resilient. Without this effort,
Vermont will most likely continue down a path of decreasing compliance and risks significant
opposition to adopting more stringent energy codes in the future. Some prominent Vermont
builders and their trade associations that support a level playing field through code
enforcement already oppose any further energy code advances until such an enforcement
structure is put in place.
For existing buildings, expansion of municipal energy performance ordinances will be much
slower without funding to develop the energy professionals network and provide training and
other support. However, if Vermont is funded under this FOA, cities may be more likely to
adopt building energy performance ordinances and expand the ones in place if there are
6 Home Energy Rating System (HERS) Energy Raters and Building Performance Institute (BPI) certified professionals
7 https://www.efficiencyvermont.com/services/energy-assessments/vermont-home-energy-profile
Vermont Building Energy Code & Ordinance Compliance Project –1/30/2023 Control # 2813-1519
4
available energy professionals, resources, and other assistance to support these policies. With a
focus on rental properties, these policies support an equity and low-income emphasis.
The primary effort will be to work with all Vermont stakeholders to consider code compliance
and enforcement options, map out a plan, and then put in place the infrastructure to support it.
Without this infrastructure, Vermont faces opposition to adoption of the 2023 energy codes,
which are pushing performance above IECC 2024. Builders and others have been raising the
enforcement issue for the last few code cycles. While many of Vermont’s leading builders pride
themselves in considering building science and following code, they are concerned that a lack of
enforcement results in their competition building to lower energy performance levels with a
competitive price advantage knowing that no one will ever inspect their lower cost inferior
homes. These leading builders support this project’s goals.
At the same time, the Department of Public Service (PSD) develops and updates RBES and CBES
every three years by statute, and their studies show decreasing in-field compliance rates. Public
comments submitted during the rule adoption show that some builders oppose adopting higher
efficiency codes until their competitive field is leveled through enforcement. If the “summer
study” outlined in Task 1 above identifies the best entity to become Vermont’s AHJ, and
sufficient multi-year funding and support were made available to help plan and develop a code
compliance infrastructure, then code opposition would decrease, and Vermont’s successful
model could be recognized as an approach other rural states might also take.
If funded, this FOA would enable all of the interested Vermont parties to sit down over the
course of months and hammer out the elements of a plan, budget, required legislation, and
sustainable funding system. This new energy code compliance infrastructure would then need
to be built, incorporated into any existing systems, staffed up, trained and coordinated with the
energy professionals network being developed at the same time by the EEUs. Concurrently, we
will be seeking additional state, federal, and foundation funding to continue this work.
All these efforts would need to be managed and coordinated closely. EFG staff have
successfully managed other large DOE projects and have been intimately involved in Vermont’s
energy code development process since its inception in 1995. We have strong working
relationships with all the Project Team members and Vermont stakeholders and a track record
of building consensus and driving successful results. EFG would coordinate, convene, staff, and
manage this project until Vermont develops its energy code compliance infrastructure. While
the risk would be failing to develop a workable and effective code compliance system for
Vermont, we would not be able to make measurable progress without a significant infusion of
funding, which this DOE FOA could provide.
The total impact of the Building Energy Code & Ordinance Compliance Project is estimated to
save Vermont 551,454 MMBtu and $15,304,600 through 2033.
Vermont Building Energy Code & Ordinance Compliance Project –1/30/2023 Control # 2813-1519
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Addendum
All Project Team Members listed in the table below except for ICC have physical offices located
in Vermont and virtual platforms for maximum collaboration.
Project Team
Member
Skills/Area of
Expertise
Qualifications Has worked with other
teaming partners?
Energy Futures
Group (EFG)
(Project Lead)
*Energy code
updates
*Workforce
development
*HERS and BPI
certifications
*Multiple state
energy efficiency
program consulting
*Principal Investigator Richard Faesy
has 30 years’ experience working on
VT codes
*Lead the VT energy code updates
for multiple cycles
*Co-chair of the VT Climate
Workforce Coalition
*Developing national BPI certificate
program for contractors
*Work collaboratively with
all partners
*VT energy code updates,
code collaborative and
market characterizations
with PSD, EVT and all
stakeholders
*Weatherization at Scale
initiative with BED, EVT,
state agencies, VGS, others
VT Secretary of
State (including
Office of
Professional
Regulation)
(OPR)
*Professional
regulation including
Office of
Professional
Regulation
* Business services
*Municipal support
State agency with responsibility over
Office of Professional Regulation,
including Builder Registry which is
poised for builder code training
certifications and promotion
*Secretary of State has
worked with project staff on
climate, energy, labeling and
workforce issues
*Collaborated on builder
registry
International
Code Council
(ICC)
Resilience, offsite
construction, fire
safety, and water
conservation
*Developed International Energy
Conservation Code, and 14 other
International Codes (of which
Vermont adopts four)
*Provides comprehensive energy
code implementation support
through education; training and
certification of code officials,
contractors, and other stakeholders;
consulting and technical assistance;
digital code access; custom code
publishing; checklists; protocols;
plan review; evaluation services;
accreditation; electronic permitting;
and virtual inspection resources.
Worked with the Building
Safety Association of
Vermont (BSAVT), an ICC
chapter and collaborator
with EFG and other
stakeholders
Efficiency
Vermont (EVT)
Extensive technical
knowledge of both
RBES, CBES, City of
Burlington Rental
Weatherization and
Decarbonization
ordinances.
Energy efficiency
program design and
implementation.
Energy Code technical support to the
design and builder communities and
to Burlington’s Department
Permitting and Inspections. Delivery
of joint efficiency programs with VGS
and EVT.
PSD and PUC on regulatory
issues, EVT and VGs-
numerous MF affordable
housing projects, EAN on
energy policy, PSD and EFG
on code update work.
Vermont Building Energy Code & Ordinance Compliance Project –1/30/2023 Control # 2813-1519
6
Project Team
Member
Skills/Area of
Expertise
Qualifications Has worked with other
teaming partners?
Burlington
Electric
Department
(BED)
*Extensive technical
knowledge of RBES,
CBES, City of
Burlington Rental
Weatherization
ordinance.
*Energy efficiency
program design and
implementation.
Energy Code technical support to the
design and builder communities and
to Burlington’s Department
Permitting and Inspections. Delivery
of joint efficiency programs with VGS
and EVT.
State agencies on regulatory
issues; EVT and VGS on
numerous MF affordable
housing projects; EAN on
energy policy; EFG on code
update work.
Vermont Gas
Systems
Technical
knowledge of both
RBES and CBES
through direct
engagement with
builders, architects,
designers,
developers, and
homeowners
RBES and CBES energy code
technical support for new
construction programs; builder &
HVAC community outreach; energy
efficient / ENERGY STAR product
rebates; weatherization programs
State agencies on regulatory
issues; developers, builders,
HVAC contractors &
affordable housing
providers; EVT & BED on
energy efficiency program
implementation; EFG on
code update work;
legislators, municipal
officials, CCRPC & EAN on
energy policy;
Vermont
Association of
Planning and
Development
Agencies
(VAPDA)
*Regional and
municipal enhanced
energy planning
*State and local
permitting (zoning,
building,
environmental, etc.)
*Outreach and
education to
municipalities
*Organization is composed of all
regional planning commissions (11)
that serve all VT municipalities
*Developed enhanced energy plan
for 11 regional planning
commissions and over 90
municipalities
*Routinely participate as parties in
state regulatory processes
*Regional and municipal
enhanced energy planning
with state agencies, EVT,
BED, and VGS.
The following organizations are committed Project Supporters:
American Institute of Architects (AIA) –
Vermont Chapter
Association of General Contractors of
Vermont
Burlington Department of Permitting and
Inspections
Chittenden County Regional Planning
Commission
City of South Burlington
City of Montpelier
ClearlyEnergy
Eco Houses of Vermont
Energy Action Network
Evernorth (affordable housing non-profit)
Hayward Design Build
Huntington Homes
New Buildings Institute (NBI)
Snyder Homes
Vermont Representatives Campbell,
Pouech, Stebbins, Watson
Vermont Senators Bray, Perchlik, Ram
Hinsdale, Illuzzi (former)
Vermont Business for Social Responsibility
Vermont Builders and Remodelers
Association
Vermont Housing Finance Agency
Vermont Office of Economic Opportunity,
Weatherization Assistance Program
Date: March 14, 2023 To: South Burlington Liquor Control Board
From: Donna Kinville, South Burlington City Clerk Re: New Liquor license procedures
The Vermont Department of Liquor Control has begun an on-line application for 1st, 2nd
and 3rd class liquor licenses as well as entertainment permits and outside consumption
permits. As a result, the licenses that we print off the state online system does not
contain all the information that you are used to seeing and reviewing.
The on-line process is now that a business goes online to complete the application and
the system will not allow them to submit it without all sections being complete and all
questions answered. Once it passes this first submission, it comes to the local level for
approval. In South Burlington, each application is reviewed and approved by the City’s
tax department, Fire department and Police department once the city has received their
payment for the license. Once it passes all 3 departments, it is then put on the agenda
for the local Liquor Control Board to approve. Once approved, the Clerk’s office
completes the approval for each license in the on-line system and the rest of the process
is completed by the state Department of Liquor Control.
So what do you see on the applications? The only information that you, as South
Burlington Liquor Control Board, will see is the business entity name, physical location
name (doing business as), their physical location and what license they are applying for.
The outside consumption permit may have details about where they are allowed to serve
outside of the walls of their business. There are sections for them to fill out such as who
completed the application and any violations, but those are not detailed at the local level
anymore. They are only for the DLC to review.
City of South Burlington
Attn: City Clerk’s office 180 Market St South Burlington, VT 05403
180 Market St South Burlington, VT 05403 802-846-4105
March 14, 2023
The following 2023 first, second, and third class liquor licenses, outside consumption and entertainment permits were approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments: NAME DESCRIPTION Bliss Bee First Class Restaurant/Bar and Outside consumption permit Champlain Farms (1118 Williston Rd) Second Class License Champlain Farms (1800 Williston Rd) Second Class License
Champlain Farms (801 Williston Rd) Second Class License CVS Second Class License Gonzo’s Indoor Golf First Class & Third Class Restaurant/Bar License Gracey’s Liquor Store Second Class License Gracey’s Store & Deli Second Class License
Green Mountain Suites Hotel First Class Restaurant/Bar License and Outside Consumption Permit Guild Tavern First Class & Third Class Restaurant/Bar License Hana Japanese First Class & Third Class Restaurant/Bar License Hannafords (935 Shelburne Rd) Second Class License
Hannafords (Dorset St) Second Class License Homewood Suites First Class Restaurant/Bar, Second class license and Outside Consumption Permit Interstate Shell Second Class License Jolley#146 (1110 Shelburne Rd) Second Class License
Jolley#104 (1830 Shelburne Rd) Second Class License Jolley#105 (1314 Williston Rd) Second Class License Jolley#107 (977 Shelburne Rd) Second Class License Kinney Drugs Second Class License Maplefield’s (811 Williston Rd) Second Class License
Maplefield’s at the airport (1801 Williston Rd) Second Class License Old Post, LLC (The) First Class & Third Class Restaurant/Bar License and Outside Consumption Permit(s) Olive Garden First Class & Third Class Restaurant/Bar License Pour House First Class & Third Class Restaurant/Bar License
and Outside Consumption permit Price Chopper Second Class License Pulcinella’s LLC First Class & Third Class Restaurant/Bar License Red Barn Market & Deli Second Class License Shaw’s Second Class License
Shelburne Rd Variety Second Class License Simon’s Store & Deli (Shelburne Road) Second Class License
180 Market St South Burlington, VT 05403 802-846-4105
Skinny Pancake at the Airport First Class & Third Class Restaurant/Bar License
SugarSnap First Class & Third Class Commercial Caterer Vermont Pool and Bar First Class & Third Class Restaurant/Bar License and Outside Consumption Permit Weird Window Brewing First Class Restaurant/Bar License and
Outside Consumption Permit
Windjammer First Class & Third Class Restaurant/Bar License and Outside Consumption Permit
SOUTH BURLINGTON LIQUOR CONTROL BOARD
Helen Riehle Meagan Emery
Tim Barritt Tyler Barnes
Andrew Chalnick