HomeMy WebLinkAboutAgenda - City Council - 04/17/2023AGENDA
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/citycouncil-04-17-2023 You can also dial in using your phone.: +1 (646) 749-3122 Access Code: 774-058-061
Regular Session 6:30 P.M. Monday April 17, 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’s
Report (6:45 – 6:55 PM)
6.Consent Agenda: (6:55 – 7:00 PM)
A.*** Consider and Sign DisbursementsB.*** Approve the settlement reached between the City and Paul Washburn andauthorize the City Manager to execute all documents necessary to effectuate thissettlementC.*** Approve an application for a Northern Borders Regional Commission grant tofund future water tower capacityD.*** Approve an application for a Teen Lit Mob grant to support programming at theLibrary
E.*** Approve an application for a Vermont Department of Libraries Summer GrantProgram to support the Library
7.Select the City's Top Dog and First Feline – Donna Kinville, City Clerk (7:00 – 7:15 PM)
8.*** Receive a presentation on needed water storage capacity and discuss plans for TownMeeting Day 2024 – Tom DiPietro, Public Works Director (7:15 – 7: 45 PM)
9.*** Receive Public Works' Traffic Request Evaluation Guidance and provide input to staff –Erica Quallen, Deputy Director of Public Works for Capital Projects (7:45 – 8:15 PM)
10. *** Receive an update on City Center development, the Tax Increment Financing District,
and the Form Based Code – Ilona Blanchard, Community Development Director, Paul Conner, Planning & Zoning Director (8:15 – 8:45 PM)
11. *** Discuss the remaining $2M in American Rescue Plan Act (ARPA) funding and a process for making final decisions – Jessie Baker, City Manager (8:45 – 9:15 PM) 12. *** Discuss S.100 "An act relating to housing opportunities made for everyone" and potentially take action – Paul Conner, Planning & Zoning Director (9:15 – 9:35 PM) 13. *** Received updates to amendments to the Land Development Regulations and possibly set Public Hearing for May 15, 2023 at 7:30 PM – Paul Conner, Planning & Zoning Director (9:35 – 9:55 PM) 14. *** Discuss the process to make FY24 appointments to policy and regulatory committees – Jessie Baker, City Manager (9:55 – 10:10 PM) 15. *** Convene as the South Burlington Liquor Control Commission to consider the following:
Chicken Charlie’s,First Class Restaurant/Bar License; Dave’s Cosmic Subs,First Class Restaurant/Bar License;Farmers & Foragers, First Class Commercial Caterer;Parkway Diner (contingent upon payment)First & Third Class Restaurant/Bar License & Outside
Consumption Permit,Pauline’s Café & Restaurant,First & Third Class Restaurant/Bar License (10:10 – 10:20 PM)
16. Other Business (10:20 PM – 10:30 PM) 17. Adjourn (10:30 PM) Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
04/13/2023 City of South Burlington Accounts Payable Page 1 of 6
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Unpaid Invoices For Check Acct 3(GENERAL FUND) From / / To 04/17/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
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ALLEG ALLEGIANCE TRUCKS X401024130.1 OIL PAN 160.24 0.00 --------.-- -------- --/--/--
ALLEG ALLEGIANCE TRUCKS X401024392.1 CHECK VALVE 24.08 0.00 --------.-- -------- --/--/--
ALLEG ALLEGIANCE TRUCKS X401024309.1 WASHERS 19.00 0.00 --------.-- -------- --/--/--
ALLEG ALLEGIANCE TRUCKS X401024309.2 WASHER 2.80 0.00 --------.-- -------- --/--/--
ALLEG ALLEGIANCE TRUCKS X401024130.2 OIL PAN 550.00 0.00 --------.-- -------- --/--/--
ALLEGWAL ALLEGIANCE TRUCKS X201090317.1 LADDER 1 REPAIRS 420.29 0.00 --------.-- -------- --/--/--
ALLIED ALLIED EQUIPMENT, LLC 8145 SWEEPER BROOMS 1315.00 0.00 --------.-- -------- --/--/--
ALTUS ALTUS POWER AMERICA 2303-0509A LANDFILL SOLAR CREDITS 15395.33 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1J743KWW1MTP DVD 17.96 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 11GKHHKJHQ76 DVD 14.96 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1JC7MRXGN4FN DVD 12.96 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1RTGLTWQ6XHV SUPPLIES 34.88 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1VWGGTKX39TM OFFICE SUPPLIES 9.40 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 13QLFHWG4LDH PROGRAM SUPPLIES 12.93 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 13KNFDGY7TDX DVDS 79.41 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1KK9LDKQ9JRP OFFICE SUPPLIES 77.94 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 163LJGMK69G3 USB ADAPTER 9.49 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1NRXD4Y31Q4G OFFICE SUPPLIES 52.63 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1MG674F477V7 SENIOR CTR SUPPLIES 58.60 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1DRKHLNP9GJN RECREATION EQUIPMENT 72.90 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1J3XR6MTJMTR REC PROGRAM SUPPLIES 43.98 0.00 --------.-- -------- --/--/--
AMAZONCAP AMAZON CAPITAL SERVICES 1WHJV31VFKTJ RECREATION SUPPLIES 34.95 0.00 --------.-- -------- --/--/--
AMERICAN AMERICAN NOMAD PHOTOGRAPHY 04.10.2023 REFUND - ILLUMINATE VT 96.27 0.00 --------.-- -------- --/--/--
ANGUS 1 KENNEDY DRIVE, LLC 01.22.2023 HEALTH CENTER MAINT J-AP 2077.50 0.00 --------.-- -------- --/--/--
ARONHIME ARONHIME, SHELLEY 51486730 REFUND - REC PROGRAM 230.00 0.00 --------.-- -------- --/--/--
AVENU AVENU INSIGHTS & ANALYTICS, LL INVB-043091 RECORDS MANAGEMENT 375.00 0.00 --------.-- -------- --/--/--
AVENU AVENU INSIGHTS & ANALYTICS, LL INVB-043674 RECORDS MANAGEMENT 478.50 0.00 --------.-- -------- --/--/--
AWE AWE ACQUISITION, INC. SBPLVT23001- CHILDREN'S LEARNING /PC 3672.00 0.00 --------.-- -------- --/--/--
AZURE AZURE WATER SERVICES, LLC 2023/00810 WATER TREATMENT SERVICES 350.00 0.00 --------.-- -------- --/--/--
BCN TELE BCN TELECOM INC 23508539 CH TELEPHONES 1421.43 0.00 --------.-- -------- --/--/--
BECHTELA BECHTEL, AMELIA 51240590 REFUND - REC PROGRAM 48.00 0.00 --------.-- -------- --/--/--
BELLE BELLE ROSE ORGANIC BODY 04.10.2023 REFUND - ILLUMINATE VT 96.27 0.00 --------.-- -------- --/--/--
BENS BEN'S UNIFORMS, INC. 108269 UNIFORM SHIRTS 151.00 0.00 --------.-- -------- --/--/--
BENS BEN'S UNIFORMS, INC. 108220 UNIFORM SUPPLIES 60.66 0.00 --------.-- -------- --/--/--
BERGE BERGERON PROTECTIVE CLOTHING L 236280 PPE NAME PLATE 84.59 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850741/3 FASTENERS 6.15 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850724/3 PD UPFIT COMMON AREA 6.28 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850719/3 KEY 5.18 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850743/3 DRILL BITS 14.54 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850759/3 DRILL BITS 10.58 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850467/3 PAINT 24.43 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850494/3 DRILL BIT 15.73 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850454/3 TUBE 63.25 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850718/3 PARK SUPPLIES 58.31 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850672/3 PROTRACTOR 20.91 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850643/3 PAINT SUPPLIES 82.98 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850579/3 TOOLS 49.12 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850513/3 BUS PART 21.55 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850626/3 BATTERY 5.59 0.00 --------.-- -------- --/--/--
BIBENS BIBENS ACE 850799/3 PARK SUPPLIES 17.40 0.00 --------.-- -------- --/--/--
04/13/23 City of South Burlington Accounts Payable Page 2
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Unpaid Invoices For Check Acct 3(GENERAL FUND) From / / To 04/17/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
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BOUND BOUND TREE MEDICAL, LLC 84903658 MEDICAL SUPPLIES 3311.95 0.00 --------.-- -------- --/--/--
BOUND BOUND TREE MEDICAL, LLC 84897872 MEDICAL SUPPLIES 166.07 0.00 --------.-- -------- --/--/--
BOUND BOUND TREE MEDICAL, LLC 84894701 MEDICAL SUPPLIES 61.70 0.00 --------.-- -------- --/--/--
BURLTEL BURLINGTON TELECOM 04.01.2023 INTERNET BACKUP: 10326A 264.00 0.00 --------.-- -------- --/--/--
ACCT #0196034768
CALVES CALVES, STEPHANIE 1434 REFUND - PET LICENSE 18.00 0.00 --------.-- -------- --/--/--
CATAM CATAMOUNT CONSULTING ENGINEERS 1950 LEGAL CONSULTING 437.50 0.00 --------.-- -------- --/--/--
CENTPUB CENTER FOR PUBLIC SAFETY EXCEL 05-18010 STRATEGIC PLANNING CONSU 5800.00 0.00 --------.-- -------- --/--/--
CHAMPHOUS CHAMPLAIN HOUSING TRUST 04.05.2023 APRA AWARD-HO HUM MOTEL 300000.00 0.00 --------.-- -------- --/--/--
CHARLE CHARLEBOIS INC IE33334 TRUCK PARTS 61.89 0.00 --------.-- -------- --/--/--
CLIFF CLIFFORD LUMBER, LLP 03.29.2023 LUMBER 504.00 0.00 --------.-- -------- --/--/--
COMCAST COMCAST 0408-0507F23 EMERGENCY CTR @ LANDFILL 80.80 0.00 --------.-- -------- --/--/--
ACCT #8773 50 023 0130731
COMCAST COMCAST 0401-0430H23 3 HOLMES RD -FIRE STATIO 121.15 0.00 --------.-- -------- --/--/--
ACCT #8773 50 023 0094853
COMCAST COMCAST 0401-0430D23 575 DORSET ST -STATION # 177.74 0.00 --------.-- -------- --/--/--
ACCT #8773 50 023 0013572
CONSOLIDA CONSOLIDATED COMMUNICATIONS IN 5-7177APR23 EPAK II DORSET ST- POTTS 128.70 0.00 --------.-- -------- --/--/--
CONSOLIDA CONSOLIDATED COMMUNICATIONS IN 3-2825APR23 ELEVATOR PHONE 37.64 0.00 --------.-- -------- --/--/--
COTA COTA TRUCKING COMPANY 23924 TRASH DUMPSTER DISPOSAL 1404.25 0.00 --------.-- -------- --/--/--
CRYSTAL CRYSTAL ROCK LLC 03.28.23 FD BOTTLED WATER 95.96 0.00 --------.-- -------- --/--/--
ACCT #771968617713675
CS ONE CSONE BENEFIT SOLUTIONS 33198-851761 ADMIN. FEES -MARCH '23 253.75 0.00 --------.-- -------- --/--/--
DE LAGE DE LAGE LANDEN FINANCIAL SERVI 79435369 LIBRARY COPIER 85.92 0.00 --------.-- -------- --/--/--
CONTRACT #25438481
DUNLOPJ DUNLOP, JOHN 03.22.2023 LIBRARY PERFORMANCE 50.00 0.00 --------.-- -------- --/--/--
EARLS EARL'S CYCLERY and FITNESS LAYAWAY LIBRARY PROGRAM SUPPLIES 67.76 0.00 --------.-- -------- --/--/--
EDEN EDEN SPECIALTY CIDERS 4.10.2023 REFUND - ILLUMINATE VT 200.00 0.00 --------.-- -------- --/--/--
ELECTR ELECTRONIC BUSINESS PRODUCTS I INV177413 LIBRARY COPIES 231.41 0.00 --------.-- -------- --/--/--
CONTRACT #16262-01
ELECTR ELECTRONIC BUSINESS PRODUCTS I INV177414 LIBRARY COPIES 19.84 0.00 --------.-- -------- --/--/--
CONTRACT #16282-01
EMERGENTR EMERGENT RESPIRATORY 35007792 MEDICAL SUPPLIES 150.00 0.00 --------.-- -------- --/--/--
EMSAR EMSAR SM-114722 STRETCHER REPAIR 1050.00 0.00 --------.-- -------- --/--/--
ENVISION ENVISIONWARE, INC INV-US-63158 ANNUAL SUBSCRIPTION 2004.90 0.00 --------.-- -------- --/--/--
ENVPRO ENVIRONMENTAL PRODUCTS & ACCES 263411 TRUCK HOSE 174.49 0.00 --------.-- -------- --/--/--
EQUATURE EQUATURE 26425 PD RECORDERS PROGRAM 1971.00 0.00 --------.-- -------- --/--/--
FASTEN FASTENAL COMPANY VTBUR318450 NUTS & BOLTS 67.26 0.00 --------.-- -------- --/--/--
FINNIGANB FINNIGAN, BARBARA 03.26.2023 REFUND - PET LICENSE 25.00 0.00 --------.-- -------- --/--/--
FIREMAT FIREMATIC SUPPLY CO INC. 405216 HAND GUARD 302.20 0.00 --------.-- -------- --/--/--
GALLS GALLS, LLC 023990587 UNIFORMS 250.28 0.00 --------.-- -------- --/--/--
GALLS GALLS, LLC 024035209 UNIFORMS 51.15 0.00 --------.-- -------- --/--/--
GALLS GALLS, LLC 024021505 UNIFORMS 51.15 0.00 --------.-- -------- --/--/--
GIROUX GIROUX BODY SHOP INC. 127147 WELDING SUPPLIES 40.50 0.00 --------.-- -------- --/--/--
GIROUX GIROUX BODY SHOP INC. 127146 STEEL 179.41 0.00 --------.-- -------- --/--/--
GLOBALM GLOBAL MONTELLO GROUP 298494 PD GASOLINE 5788.33 0.00 --------.-- -------- --/--/--
GRAYS GRAY, SARAH 0016 REFUND - PET LICENSE 25.00 0.00 --------.-- -------- --/--/--
GREENLIGH GREEN LIGHTS ENERGY, INC. 13516 REPAIR ELECTRICAL LIGHTS 200.00 0.00 --------.-- -------- --/--/--
GREEPW GREEN MOUNTAIN POWER CORPORATI 885961MAR23 PUMP STATIONS GROUP 8222.15 0.00 --------.-- -------- --/--/--
ACCT #88596100003
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Unpaid Invoices For Check Acct 3(GENERAL FUND) From / / To 04/17/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
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GREEPW GREEN MOUNTAIN POWER CORPORATI 106961MAR23 REC DEPARTMENT 325.60 0.00 --------.-- -------- --/--/--
ACCT #10696100006
GREEPW GREEN MOUNTAIN POWER CORPORATI 785961MAR23 STREETLIGHTS 11332.99 0.00 --------.-- -------- --/--/--
ACCT #78596100004
GREEPW GREEN MOUNTAIN POWER CORPORATI 006961MAR23 TRAFFIC LIGHTS GROUP BIL 1669.21 0.00 --------.-- -------- --/--/--
ACCT #00696100007
GREEPW GREEN MOUNTAIN POWER CORPORATI 51995APR23 HOLMES ROAD 471.88 0.00 --------.-- -------- --/--/--
ACCT #51995000000
GREEPW GREEN MOUNTAIN POWER CORPORATI 958777MAR23 MARKET ST PUMP STA 150.34 0.00 --------.-- -------- --/--/--
ACCT #95877720128
GREEPW GREEN MOUNTAIN POWER CORPORATI 350046MAR23 180 MARKET ST 6729.76 0.00 --------.-- -------- --/--/--
ACCT #35004602740
GREEPW GREEN MOUNTAIN POWER CORPORATI 649713APR23 1630 DORSET STREETLIGHTS 29.75 0.00 --------.-- -------- --/--/--
ACCT #64971393943
GREEPW GREEN MOUNTAIN POWER CORPORATI 22917APR23 1 KENNEDY DR 352.12 0.00 --------.-- -------- --/--/--
ACCT #22917616488
GREEPW GREEN MOUNTAIN POWER CORPORATI 07961APR23 WINDSWEPT LANE PUMP 72.46 0.00 --------.-- -------- --/--/--
ACCT #07961000002
GREEPW GREEN MOUNTAIN POWER CORPORATI 08310MAR23 WINDSWEPT LIGHTS 32.69 0.00 --------.-- -------- --/--/--
ACCT #08310000008
GREEPW GREEN MOUNTAIN POWER CORPORATI 27931APR23 1100 DORSET ST. 452.40 0.00 --------.-- -------- --/--/--
ACCT #27931000007
GREEPW GREEN MOUNTAIN POWER CORPORATI 074913APR23 222 DORSET STREET 76.22 0.00 --------.-- -------- --/--/--
HARDWIR HARD WIRED AUTO ELECTRONICS LL 2434 VEHICLE EQUIPMENT 1039.09 0.00 --------.-- -------- --/--/--
HAUN HAUN SPECIALTY GASES, INC X238276 OXYGEN 151.00 0.00 --------.-- -------- --/--/--
HAUN HAUN SPECIALTY GASES, INC 8826912 OXYGEN 70.16 0.00 --------.-- -------- --/--/--
HAUN HAUN SPECIALTY GASES, INC 8855258 OXYGEN 56.56 0.00 --------.-- -------- --/--/--
HICKOK HICKOK & BOARDMAN INC 27333 HEALTH ADVISORY SERVICES 4080.00 0.00 --------.-- -------- --/--/--
HOMEDEPO HOME DEPOT CREDIT SERVICES 6014386 HANDRAIL 522.76 0.00 --------.-- -------- --/--/--
HOMEDEPO HOME DEPOT CREDIT SERVICES 3026165 DRYWALL 39.26 0.00 --------.-- -------- --/--/--
HOYLE HOYLE, TANNER & ASSOCIATES INC 0068706 SPEAR ST BIKE & PED 953.50 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 74719974 CREDIT -13.62 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60204756 BOOKS 90.87 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60206788 BOOKS 17.07 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60208576 BOOKS 46.37 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 67581906 BOOKS 29.25 0.00 --------.-- -------- --/--/--
INGRAM INGRAM LIBRARY SERVICES 60212971 BOOKS 29.99 0.00 --------.-- -------- --/--/--
IROQUOIS IROQUOIS MANUFACTURING COMPANY 166307 CYLINDER 195.25 0.00 --------.-- -------- --/--/--
JOANN JOANN'S UNIFORMS H 20598 UNIFORMS 100.00 0.00 --------.-- -------- --/--/--
KAMCO KAMCO SUPPLY CORP OF BOSTON SI502826 REPAIR PATROL DOOR 559.20 0.00 --------.-- -------- --/--/--
KEVINSPO KEVIN SMITH SPORTS 282150 LACROSSE SUPPLIES 695.00 0.00 --------.-- -------- --/--/--
KIMBALL KIMBALL MIDWEST 100846116 SHOP SUPPLIES 85.55 0.00 --------.-- -------- --/--/--
KONICA KONICA MINOLTA PREMIER FINANCE 42041068 LIBRARY- COPIER 524.94 0.00 --------.-- -------- --/--/--
CONTRACT #900-0321706-000
KONICA KONICA MINOLTA PREMIER FINANCE 42041070 PW COPIER 149.89 0.00 --------.-- -------- --/--/--
CONTRACT #900-0343178-000
LACEYS LACEY'S INC 135255 CARPET INSTALL-19 GREGOR 8800.00 0.00 --------.-- -------- --/--/--
LUCKY LUCKY'S TRAILER SALES, INC PC79312 VEHICLE PARTS 312.87 0.00 --------.-- -------- --/--/--
LUCKY LUCKY'S TRAILER SALES, INC PC79626 HEADLIGHT 605.62 0.00 --------.-- -------- --/--/--
LUCKY LUCKY'S TRAILER SALES, INC PC79553 VEHICLE PART 102.40 0.00 --------.-- -------- --/--/--
04/13/23 City of South Burlington Accounts Payable Page 4
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Unpaid Invoices For Check Acct 3(GENERAL FUND) From / / To 04/17/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
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MARATHON MARATHON HEALTH, LLC 19485 APRIL - HEALTH CENTER 43977.63 0.00 --------.-- -------- --/--/--
MARKOW MARKOWITZ, LAURA 03.22.2023 LIBRARY PERFORMANCE 50.00 0.00 --------.-- -------- --/--/--
MEDICALBU MEDICAL BUSINESS SERVICES, LLC 03.23.2023 AMBULANCE BILLING #2465 3545.11 0.00 --------.-- -------- --/--/--
MES MUNICIPAL EMERGENCY SERVICES IN1851346 PULLEY'S 540.00 0.00 --------.-- -------- --/--/--
MES MUNICIPAL EMERGENCY SERVICES IN1851366 UNIFORMS 245.27 0.00 --------.-- -------- --/--/--
MES MUNICIPAL EMERGENCY SERVICES IN1852241 UNIFORMS 236.00 0.00 --------.-- -------- --/--/--
MILLERBR MILLER, BRIAN 03.24.2023 SAFE DRIVER COORDINATOR 200.00 0.00 --------.-- -------- --/--/--
NEA NEW ENGLAND AIR SYSTEMS 189156 SERVICE CONTRACT 3 OF 4 1062.19 0.00 --------.-- -------- --/--/--
NEMUNI NEW ENGLAND MUNICIPAL RESOURCE 52471 CONSULTING SERVICE 362.50 0.00 --------.-- -------- --/--/--
NETRUCK NEW ENGLAND TRUCK TIRE CENTERS 140648-09 TIRES 1557.60 0.00 --------.-- -------- --/--/--
NWN NWN CORPORATION DEP-IR-2562 PD CALL RECORDING SOLUTI 28516.34 0.00 --------.-- -------- --/--/--
NY CLEAN NEW YORK CLEANERS 04.02.2023 MARCH DRY CLEANING 951.55 0.00 --------.-- -------- --/--/--
OCC OCCUPATIONAL HEALTH CENTERS 1207638732 PRE-EMPLOYMENT PHYSICAL 751.00 0.00 --------.-- -------- --/--/--
OFFESS OFFICE ESSENTIALS OF VERMONT 39340 OFFICE SUPPLIES 119.96 0.00 --------.-- -------- --/--/--
OFFESS OFFICE ESSENTIALS OF VERMONT 39350 OFFICE SUPPLIES 51.98 0.00 --------.-- -------- --/--/--
OUT OF OUT OF THE WOOD LLC INV-000130 RADIO ROOM REPAIR 2650.00 0.00 --------.-- -------- --/--/--
OVERDR OVERDRIVE, INC. 145923100477 EBOOKS - ID: 1459-1011 1000.00 0.00 --------.-- -------- --/--/--
PAPER PAPER CRANCE THEORY 4.10.2023 REFUND - ILLUMINATE VT 96.27 0.00 --------.-- -------- --/--/--
PARKJ PARK, JORDAN 1388 REFUND - PET LICENSE 18.00 0.00 --------.-- -------- --/--/--
PARROS PARRO'S GUN SHOP & POLICE SUPP 61603 PD SUPPLIES 1028.00 0.00 --------.-- -------- --/--/--
PATCH THE PATCH PLACE 4.10.2023 REFUND - ILLUMINATE VT 100.00 0.00 --------.-- -------- --/--/--
PAULF PAUL FRANK + COLLINS P.C. 202906 CONSULTING-HANDBK REVIEW 800.00 0.00 --------.-- -------- --/--/--
PAWPRINT PAW PRINT & MAIL 70581 OFFICE SUPPLIES 72.00 0.00 --------.-- -------- --/--/--
PIKE PIKE INDUSTRIES, INC. 1221349 COLD PATCH 220.16 0.00 --------.-- -------- --/--/--
PITNEYG PITNEY BOWES GLOBAL FINANCIAL 3317072251 POSTAGE METER LEASE 178.80 0.00 --------.-- -------- --/--/--
ACCT #0016807916
PROTECT PROTECTOR CAPITAL, LLC 2837 PD EQUIPMENT 8947.00 0.00 --------.-- -------- --/--/--
PROVOSTAU PROVOST, AUDREY 1479 REFUND - PET LICENSE 18.00 0.00 --------.-- -------- --/--/--
RADION RADIO NORTH GROUP INC 24145037 RADIO SERVICE 70.00 0.00 --------.-- -------- --/--/--
RADION RADIO NORTH GROUP INC 24145038 RADIO SERVICE 125.00 0.00 --------.-- -------- --/--/--
REPRO REPROGRAPHICS OF NEW ENGLAND I 125815 POSTERS 235.18 0.00 --------.-- -------- --/--/--
REYNOL REYNOLDS AND SON INC 3421981 CALIBRATION GAS 595.00 0.00 --------.-- -------- --/--/--
REYNOL REYNOLDS AND SON INC 3421922 PPE SUPPLIES 105.72 0.00 --------.-- -------- --/--/--
REYNOL REYNOLDS AND SON INC 3422424 PPE SUPPLIES 195.99 0.00 --------.-- -------- --/--/--
RIINA RIINA, JESSICA 51527419 REFUND - REC PROGRAM 45.00 0.00 --------.-- -------- --/--/--
ROGUE ROGUE FITNESS 11236395 FD FITNESS EQUIPMENT 9999.54 0.00 --------.-- -------- --/--/--
ROK ROK TECHNOLOGIES, LLC 8741 GIS MANAGED SERVICES 2989.00 0.00 --------.-- -------- --/--/--
RUESINK RUESINK, ADRIANA 03.22.2023 LIBRARY PERFORMANCE 50.00 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 223746 VEHICLE PARTS 7.96 0.00 --------.-- -------- --/--/--
SANEL SANEL AUTO PARTS INC 221208 ADAPTER 4.05 0.00 --------.-- -------- --/--/--
SBCOLLINS S.B. COLLINS, INC 385646 DIESEL FUEL 12516.00 0.00 --------.-- -------- --/--/--
SECU SECURSHRED 421407 575 DORSET ST 30.00 0.00 --------.-- -------- --/--/--
SECU SECURSHRED 421828 19 GREGORY DR SHREDDING 22.00 0.00 --------.-- -------- --/--/--
SEVEN SEVEN DAYS 228891 EMPLOYMENT AD 280.50 0.00 --------.-- -------- --/--/--
SMALL SMALL ENGINE CO. INC. 097121 TRIMMERS 567.52 0.00 --------.-- -------- --/--/--
SOUTHW SOUTHWORTH-MILTON INC INV2853031 HINESBURG RD PUMP RENTAL 3500.00 0.00 --------.-- -------- --/--/--
SOUTHW SOUTHWORTH-MILTON INC SCR0453718 CREDIT -525.00 0.00 --------.-- -------- --/--/--
SOUTHW SOUTHWORTH-MILTON INC SCR0453720 CREDIT -525.00 0.00 --------.-- -------- --/--/--
SOUTHW SOUTHWORTH-MILTON INC SCR0453721 CREDIT -525.00 0.00 --------.-- -------- --/--/--
SPORTS THE EDGE 04.03.2023 LEARN TO SWIM PROGRAM 780.00 0.00 --------.-- -------- --/--/--
04/13/23 City of South Burlington Accounts Payable Page 5
02:46 pm Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 3(GENERAL FUND) From / / To 04/17/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
------------------------------------------------------------------------------------------------------------------------------------
STAPL STAPLES BUSINESS ADVANTAGE 8069780893 OFFICE SUPPLIES-PAPER 107.72 0.00 --------.-- -------- --/--/--
STAULA STAULA, JENNA 03.30.2023 CJC VICTIM FUND 150.20 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275253 VOLUNTEER AD 298.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 274999 VOLUNTEERS PC & DRB 298.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275002 VOTER EDUCTION AD 934.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275255 AD - PET LICENSES 176.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275747 AD - PET LICENSES 176.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275001 AD - BUDGET INFO 934.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275003 AD - CITY PLAN 2024 298.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275256 AD - CITY PLAN 2024 298.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275000 AD - HEARING WARNING 485.00 0.00 --------.-- -------- --/--/--
STOWE STOWE REPORTER LLC 275254 CAMP AD 298.00 0.00 --------.-- -------- --/--/--
SUDAR SUDARSKY, DORA 03.26.2023 REFUND - PET LICENSE 25.00 0.00 --------.-- -------- --/--/--
SUMFIRE SUMMIT FIRE AND SECURITY LLC 16434 ALARM TESTING 730.00 0.00 --------.-- -------- --/--/--
SYMBOL SYMBOLARTS, LLC 0457591 UNIFORM BADGES 280.00 0.00 --------.-- -------- --/--/--
SYMQUEST SYMQUEST GROUP INC 1774847 EXCHANGE UPGRADE 2500.00 0.00 --------.-- -------- --/--/--
SYMQUEST SYMQUEST GROUP INC 1774846 EXCHANGE UPGRADE 1000.00 0.00 --------.-- -------- --/--/--
TECHGROUP TECH GROUP, INC. 102217 MANAGED SERVICES CONTRAC 875.00 0.00 --------.-- -------- --/--/--
TELEFLEX TELEFLEX LLC 9506769729 MEDICAL SUPPLIES 1165.50 0.00 --------.-- -------- --/--/--
TRAFFIC TRAFFIC PARTS 543297 TRAFFIC LIGHT PARTS 425.09 0.00 --------.-- -------- --/--/--
UNIFIRST UNIFIRST CORPORATION 1080138255 PW - CLEANING & SUPPLIES 60.42 0.00 --------.-- -------- --/--/--
UNUM UNUM LIFE INSURANCE CO OF AMER MARCH 2023 HEALTH INS. 0660147-001 12062.87 0.00 --------.-- -------- --/--/--
UVMSUP UNIVERSITY OF VERMONT MEDICAL 41699 MEDICAL SUPPLIES 522.64 0.00 --------.-- -------- --/--/--
UVMSUP UNIVERSITY OF VERMONT MEDICAL 41698 MEDICAL SUPPLIES 760.35 0.00 --------.-- -------- --/--/--
VERGAS VERMONT GAS SYSTEMS INC 276695MAR23 1270 WILLISTON RD 186.20 0.00 --------.-- -------- --/--/--
ACCT #276695-4
VERSDP VERMONT DEPARTMENT OF PUBLIC S 87366 FINGER PRINTING 13.25 0.00 --------.-- -------- --/--/--
VERTRO VERMONT AWARDS & ENGRAVING INC 87107 NAME PLATES- DRB & PC 97.00 0.00 --------.-- -------- --/--/--
VHB VANAS VANASSE HANGEN BRUSTLIN INC 0403969 CITY CENTER PARK PHASE 2 844.77 0.00 --------.-- -------- --/--/--
VIKING VIKING-CIVES USA 4523899 EQUIPMENT PART 275.13 0.00 --------.-- -------- --/--/--
VIKING VIKING-CIVES USA 4523887 VEHICLE PARTS 2775.00 0.00 --------.-- -------- --/--/--
VON VON TURKOVICH, MICHELE 03.30.2023 REFUND - OVERPAID TAXES 3209.10 0.00 --------.-- -------- --/--/--
W B MASON W. B. MASON CO., INC. 237021003 TONER 58.49 0.00 --------.-- -------- --/--/--
WILCKE WILCKE, REBECCA 51502780 REFUND - REC PROGRAM 65.00 0.00 --------.-- -------- --/--/--
WOLFC WOLF, CHADDE 04072023 FLAG FOOTBALL-APRIL'23 440.00 0.00 --------.-- -------- --/--/--
WOOD'S WOOD'S VT SYRUP COMPANY 4.10.2023 REFUND - ILLUMINATE VT 200.00 0.00 --------.-- -------- --/--/--
04/13/2023 City of South Burlington Accounts Payable Page 6 of 6
02:46 pm Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 3(GENERAL FUND) From / / To 04/17/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
------------------------------------------------------------------------------------------------------------------------------------
----------- ----------- -----------
Report Total 563,896.75 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 $ ***563,896.75 __________________________________
Let this be your order for the payments of these amounts. Meaghan Emery
__________________________________
Tim Barritt
__________________________________
Helen Riehle
__________________________________
Andrew Chalnick
__________________________________
Tyler Barnes
04/13/2023 City of South Burlington Accounts Payable Page 1 of 1
02:44 pm Check Warrant Report # Current Prior Next FY Invoices mmachar
Unpaid Invoices For Check Acct 1(GENERAL FUND) From / / To 04/17/2023
Purchase Discount Amount Check Check
Vendor Invoice Invoice Description Amount Amount Paid Number Date
------------------------------------------------------------------------------------------------------------------------------------
AGE AGE WELL, INC. AW-MAR-23 SENIOR CTR MEALS 1010.00 0.00 --------.-- -------- --/--/--
AGE AGE WELL, INC. AW-FEB-23 SENIOR CTR MEALS 557.00 0.00 --------.-- -------- --/--/--
CBA CBA BLUE 04.06.2023 HEALTH INS. #5243410222 22938.71 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330404002 VEHICLE REPAIR 60.00 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330324001 VEHICLE REPAIR 216.62 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330329001 VEHICLE MAINTENANCE 95.22 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330323005 VEHICLE REPAIR 883.76 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330324004 VEHICLE MAINTENANCE 30.71 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330330004 VEHICLE MAINTENANCE 94.20 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330403002 VEHICLE MAINTENANCE 138.08 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330404001 VEHICLE MAINTENANCE 92.84 0.00 --------.-- -------- --/--/--
GSM GSM ENTERPRISES, INC. 330406001 VEHICLE REPAIR 2558.22 0.00 --------.-- -------- --/--/--
MERCH1 COMMUNITY BANK, N.A 04.03.2023 RESTITUTION 100.00 0.00 --------.-- -------- --/--/--
PRICE PRICE, LOIS 04.27.2023 LECTURE SERIES 4 100.00 0.00 --------.-- -------- --/--/--
SEI SEI PRIVATE TRUST COMPANY FY23 PENSION PYMT 2023 -ID 36 1175950.00 0.00 --------.-- -------- --/--/--
TD BANK TD BANK CC MARCH 23 MARCH 2023 CREDIT CARD 10509.62 0.00 --------.-- -------- --/--/--
UNITPS UNITED STATES POSTAL SERVICE MAIL/2023 PERMIT 104-MARKETING MAI 290.00 0.00 --------.-- -------- --/--/--
US BANK U.S. BANK BOND 2023 VMBBSOU219-Debra Rucker 427947.77 0.00 --------.-- -------- --/--/--
VERST VERMONT STATE TREASURER 0101-0331.23 MARRIAGE LIC. JAN -MAR.2 650.00 0.00 --------.-- -------- --/--/--
VMERS VMERS DB 2023-Q3 CONTRIBUTION Q3 215486.29 0.00 --------.-- -------- --/--/--
----------- ----------- -----------
Report Total 1,859,709.04 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 $ *1,859,709.04 __________________________________
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 4/18/2023 Through 4/18/2023
Check Date Check Number Vendor Name Invoice Description Check Amount Invoice Number
4/18/2023
4554 Aldrich & Elliott, PC Project 22025.001 - SB Water and Sewer
Rates
732.10 81221
4/18/2023 4555 Champlain Water District - Retail Month End Retail to SBWD 60,581.98 SBWD-396
4/18/2023 4556 Champlain Water District Wholesale to SBWD March Invoice 848.41 SBWD-389
4/18/2023 Champlain Water District SBWD Water Consumption - March 2023 156,793.38 SBWTRCONSUM-033123
4/18/2023 4557 E.J. Prescott Mud Plugs 45.79 6149564
4/18/2023 E.J. Prescott Valve Repair 138.60 6150308
4/18/2023 E.J. Prescott Replacement Cover for Hinesburg Vault 1,078.56 6151861
4/18/2023 4558 F.W. Webb Company Meter Valve Angles 580.36 78587882-2
4/18/2023 4559 South Burlington Sewer Department SB Sewer Billings - March 2023 377,195.88 SBSEWER-033123
4/18/2023 4560 South Burlington Stormwater Department SB Stormwater Fees - March 2023 246,111.32 SBSTORM-033123
4/18/2023 4561 Ti-Sales, Inc.Meters 1,516.66 INV0155786
4/18/2023 4562 State of VT Treasurer Office Account 3543 - Sarah Beckman -
Unclaimed Property Annual Filing
100.05 UNCLAIMED-040623
Total 70 - South Burlington Water
Department
845,723.09
Report Total 845,723.09
70 - South Burlington Water Department
SOUTH BURLINGTON CITY COUNCIL
Page: 1
MEMORANDUM
TO: South Burlington City Council
FROM: City Attorney’s Office
RE: Settlement – 30 Myers Court – Environmental Court Docket No. 21-ENV-00038
FOR: April 17, 2023 City Council Meeting
OVERVIEW AND BACKGROUND
On March 22, 2018, the South Burlington DRB approved the construction of a new accessory
dwelling unit (“ADU”) at 30 Myers Court that, among other characteristics, was to be 12.75 feet
tall and seven feet from the rear property line. The ADU that was built had a measured height of
17-18 feet and, due to a utility box on the rear of the structure, is five (5) feet from the rear
property line.
A conditional use application to approve the structure as built was denied by the DRB. This
decision was appealed to the Vermont Environmental Court and has been pending since 2019.
PROPOSED SETTLEMENT
A tentative settlement of the appeal has been reached that is contingent on your approval.
Pursuant to the settlement, Owner will reduce the peak height of the ADU’s roof by one foot and
pay to the City a fine of $15,000. The City would, in exchange, approve the building as
modified. The parties will submit to the Court a stipulation that incorporates these terms as well
as other relevant findings and conclusions of the DRB.
RECOMMENDATION
City Administration recommends that you approve this settlement. If you do, we recommend the
following motion:
“I move that the City Council approve the settlement reached between the City and Paul
Washburn as described in the Memorandum considered by the Council on this date, and that the
City Council authorizes City Manager Jessie Baker to execute all documents necessary to
effectuate this settlement on its behalf.”
City of South BurlingtonEast Storage TankApril 17, 2023[1]
Who We Are[2]
Objectives[3]Update the Council/Public on the project’s history and current status Discuss ongoing project actionsAnswer any questions to help the Council/Public understand the projectLay the framework for future project steps including proposed bond vote
[4]About Your Water SystemSourceWater TreatmentDistribution NetworkStorage TankBackground
Background[5]What do Water Tanks Do?Storage Water Pressure
Project Need[6]Allocated Capacity499,100 Gallons Per Day24% of Storage CapacityAverage Daily Demand1,435,600 Gallons Per Day68% of Storage CapacityExcess Storage42,300 Gallons2% of Storage CapacityShelburne Allocation81,000 Gallons4% of Storage CapacityFire Flow Demand42,000 Gallons2% of Storage CapacityCurrently Using or Allocated 98% of Existing 2.1 Million Gallon CapacityUsage: Based on metered dataAllocations: Anticipated usage based on structure type and size that must be availableFire Flow: Storage for sustained water usage during a fire
[7]High Service AreaMain Service AreaBetaOn LogicCity CenterO’Brien EstatesShelburne RdCorridorWilliston Rd CorridorU-Mall Site
[8]1971 - Original Construction2001 - Feasibility Study2004 - Capacity Increased2017 - Master Plan Update –Evaluated Multiple Tank Sites2019 - 2ndTank Construction Feasibility Memo2023 - Preliminary Engineering Report Tank SitingXXXXXXX
Tank Types Evaluated[9]StandpipeElevated Spheroid
What Size? [10]Considerations:1) High Zone pressure requirements2)Long-Term usage requirements2070 Usage Estimated to be 2,250,000 gallons per dayThe minimum required storage is estimated to be 2.9 million gallons Two sizes have been evaluated: 2.1 Million Gallon Tank1 Million Gallon TankRequired storage accounts for 69%Required storage accounts for 93%$4,320,000 Tank Construction Cost$3,340,000 Tank Construction Cost$2.06 per gallon of storage$3.34 per gallon of storage
Project Details[11]New ‘Twin’ Standpipe Tank53 ft diameter127 ft height2,100,000 gallon capacityFollowing Project, High Service Area would have 4.2 million gallons of storage capacity, sufficient for foreseeable long-term needs.
[12]Impact on Landscape
Project Cost[13]Total Estimated CostItem Description$4,320,000Construction of Tank$648,000Construction Contingency (15%)$23,200Preliminary Engineering$259,000Final Design and Permitting$450,000Construction Phase Services$24,000Other Costs$5,724,200Total Project Cost:$5,750,000Recommended Bond Amount:
Impact on Rates[14]The City is actively pursuing potential grant/subsidy funding to help finance the project. Recommended Bond Amount: $5,750,000Anticipated Loan: 30-year loan at 2% interest rate through VT SRF Program. Annual Repayment: $257,720The Average user will see a rate increase of approximately $19.38 per year. $32.40 per 1,000 ft3 of water $35.72 per 1,000 ft3 of waterCurrent Rate Proposed Rate (No Grant/Subsidy)
Project Timeline[15]TaskProjected DateFinalize PERJanuary2023Select Step II EngineerAprilStart Final DesignMayFinal Design 90%DecemberPermit to Construct (PTC) ApplicationPTC Issued / Complete Final DesignMarch2024Conduct Bond VoteAdvertise for BidsAprilBegin ConstructionMaySubstantial CompletionDecemberEnd of 1 Year Warranty PeriodDecember2025First Loan Payment Due
Questions[16]
Traffic Request Evaluation
Guidance
City Council Presentation
April 17, 2023
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SHELBURNE
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CITY CENTER UPDATE Spring 2023
City Center
TIF DISTRICT
City Center
FORM BASED CODE DISTRICT
(FBC)
City Center
PARK/NATURAL AREA
RESOURCES
City Parks
Public Lands
Private Lands
When Redeveloped
Downtown
Transportation
•Trees for shade
•Sidewalks and bike
facilities for walkers,
bikers, strollers,
wheelchairs & bus access
TIF Investment
New Streets
FBC
Buildings
Occupied
Under Construction
Includes Commercial
Approved
2016 -2026
All New
Buildings
Occupied
Under Construction
Includes Commercial
Approved
2008-2016
City TIF Investments
TIF PROJECTS Transportation Placemaking Gathering Space
City Center Park Phase I & II
Market Street
Library
City Hall
Senior Center
Garden Street Phase I & II
Williston Road Streetscape
Walk Bike Bridge –East West Crossing over I-89
City Investments
Public Investments Transportation Placemaking Affordable Environmental
Dorset Street Signals
Potash Watershed pond & box culvert
Allard Square Housing
Garden Street Apartments
Bike Share
Illuminate Vermont
Traffic Study
Private Investments
Development 2016 –2025 TIF District City Center outside TIF Total by 2026
New Housing 504 homes 200 homes 704 homes
Affordable Housing 128 homes 23 homes 151 homes
Commercial SF (net)29,475 square feet 58,482 square feet 87,957 SF
FBC
Buildings
Occupied
Under Construction
Includes Commercial
Approved
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Martha Machar, Finance Director
Date: April 14, 2023
Re: American Rescue Plan Act (ARPA) Next Steps
In order to support the Council’s discussion of the award of the remaining $2,006,853 in ARPA funds,
information is provided below on the status of the ARPA award, the timelines, and the data collected from the
community. As a reminder, the City of South Burlington received a total allocation of $5,654,533.00. Under
the Act, these funds must be allocated by December 31, 2024 and expended by December 31, 2026. As we
took these funds as “lost revenue” they can be used for any municipal purpose.
ARPA Allocations to Date
Additional Discussions to Date: Since FY22, the Council has had the following discussions:
•On June 6, 2022 the Council approved a community engagement process to collect feedback on the
use of the remaining ARPA funds.
•On September 6, 2022 the Council allocated $1M of ARPA funds to three affordable housing projects
recommended by the Affordable Housing Committee.
•Also at the September 6, 2022 meeting, the Council received the community survey data and discussed
the findings. At that meeting, the Council requested to hear from the Committees on their
recommendations.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
•At a Special Meeting of the City Council on November 30, 2022, Committees were invited to present
their recommendations for using ARPA funds to the Council.
•At the January 3, 2023 Council meeting, the decision was made to hold on future decisions of the use
of the remaining ARPA funds until the new Council was seated after Town Meeting Day.
Attachments Provided
•Community Survey Results from September 2022
•Committee Recommendations from November 2022
Emerging Request: You heard a request from the Bicycle & Pedestrian Committee to fund the design and
replace the 5 ft shared use path with a 10 ft shared used path along Hinesburg Road/Rt 116 between Kennedy
Drive and Williston Road. At your November 30th meeting, you asked that the Committees and staff think
about ways to leverage ARPA funds with other funds to maximize the investment. On April 6, 2023, the
VTrans Bike/Ped grant was released with a due date of Jun 9, 2023. The total cost for this project is $1.6M.
The Committee and DPW would like to request $320K of ARPA funds be allocated as matching funds for this
grant.
Questions for Consideration
•Are there transformational areas of focus you’d like staff or the Committees to further explore?
•What additional information do you need from staff to make decisions?
•Are you interested in making decisions in FY23 or hold until FY24 and FY25?
Council Action: Provide direction to staff on areas for further investigation, financial modeling, or timing.
American Rescue Plan Act (ARPA) Survey
Results
Andrew Bolduc, Deputy City Manager
South Burlington City Council Regular Meeting
September 6, 2022
Background
•Final Council Survey Approval: June 6
•Survey Live: June 16
•Survey Closed: August 26
•351 Responses
o City News
o City Website
o Other Paper
o WCAX story
o Event pamphlets
Who did we hear from?
•Affiliation Ethnicity
o Residents –95% (327)
o Property Owners –62% (211)
o Work in South Burlington –21% (71)
o Business Owners –8% (29)
•Gender
o Female –56.3% (192)
o Male –36% (123)
o Non-binary –2% (7)
o Prefer not to say –5.6% (19)
•Age
o 15-30 –6% (21)
o 31-45 –30% (103)
o 46-60 –22.5% (77)
o 61-75 –31.3% (107)
o 76+ -6% (21)
Responses
Caucasian 81.82%279
Black/African-
American 0.29%1
Latino or Hispanic 1.47%5
Asian 0.59%2
Native American 1.17%4
Pacific Islander 0.00%0
Two or more 0.59%2
Other/Unknown 0.59%2
Prefer not to say 13.49%46
Respondent Location
South East Quadrant
33%
Kennedy Drive / City
Center / Quarry Hill
24%
Chamberlin /
Mayfair Park / Lime
Kiln 18%
Shelburne Road /
Lakeshore / Orchard
24%
Outside South
Burlington 1%
Education Level
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
High school/GED Bachelor's degree Graduate degree or higherRESPONSES
EDUCATION
Survey 2020 Census
Who did we not hear from?
•2020 SB Census Over 65:18.5%
•Survey Over 61:37.3%
•Ethnicity
Responses 2020 Census
Caucasian 81.82%83.0%
Black/African-American 0.29%3.1%
Latino or Hispanic 1.47%
Asian 0.59%6.7%
Native American 1.17%0.1%
Pacific Islander 0.00%0.0%
Two or more 0.59%5.8%
Other/Unknown 0.59%1.2%
Prefer not to say 13.49%
Q1: COVID-19 has impacted our daily lives in many ways. In which of the following ways you have been most impacted by the pandemic?
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
Financially Socially / Loss of
Social Connection
Personal Health Access to Services Other (please
specify)
Q1: Selected Responses -Other
•“Housing vulnerability”
•“Challenges scheduling mental health services or
appointments with doctors”
•“Engagement with professional community”
•“Access to entertainment, shopping, local
businesses”
•“Able to more safely bike with less roadway traffic”
•“Spent more time recreating outdoors”
•“Inability to travel”
Q2: In a few words, describe how the pandemic has most affected you and your family
Q3: COVID forced a number of changes in the way we live, work, and play. What, if any, of these changes would you like to see continue into the future?
Q4: ARPA identified six key purposes for use of this federal funding. How would you prioritize the importance of these purposes for South Burlington? “1” most important “5” is least
Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community?
Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community?
Q5: The City has identified a number of projects eligible for these once-in-a-generation federal funds. How important do you consider each of these to be for our community?
Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community?
Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community?
•Selected unique responses:
o “Noise mitigation along I-189 & I-89”
o “Noise mitigation along BTV”
o “Arboretum/botanical garden at Wheeler Homestead”
o “State-of-the-art playground in City Center”
o “Reparations”
o “More benches along high-use stretches of City rec paths”
o “Mountain bike trail”
o “Skate park”
o “Transform abandoned Pier One retail space into “SAVVY AIR” virus-
scrubbed arboretum with air filtration and light therapy”
o “Solar pavilion workspace amenity in a city park.”
o “Improve sidewalk at White Street bus stop”
o “Housing Trust Fund to develop a land bank for affordable housing”
Q6: Do you have any other ideas on how YOU would like to see this once in-a-generation funding spent to support the community?
Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority?
Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority?
Q7: Rank the following options for spending the City’s ARPA funds, 1 (highest) to 13 (lowest) priority?
Summary Trends
•COVID impacts: Dire need for increased access to
childcare services
•COVID impacts: Isolation & increased use of green
& recreational spaces
•Broad range of responses
•While it did not rank highly overall in prioritization,
overwhelming individual feedback on the desire for
improvement and development of community
recreation spaces
•Concerns with aging school district infrastructure
Next Steps
•Council value statements 3/21:
o Transformational “one-time” investments
o Biggest “bang for our buck”
o Community engagement in decision making process
•What ideas haven’t we thought of?
•Question 1 –Any additional outreach?
•Question 2 –Based on data, any changes in value
statements?
•Question 3 –What transformational projects do you see in this
data? Are there investment areas or categories you would like
staff to provide additional information and
recommendations?
•Question 4 –Timeline. Part of FY24 budget process? Hold any
portion of funds for future decision making?
South Burlington Recreation and Parks
Committee
180 Market Street
South Burlington, VT 05403
www.SouthBurlingtonVT.gov
MEMORANDUM
TO: Helen Riehle, Chair of South Burlington City Council
FROM: Mike Simoneau, Acting Chair of South Burlington Recreation and Parks Committee
Oliver Pierson, Recreation and Parks Committee Member
CC: Jessie Baker, South Burlington City Manager
Holly Rees, Recreation Director
DATE: November 1, 2022
RE: Recreation and Parks Committee Recommendations for Use of ARPA Funding
The purpose of this memo is to request that the City Council approve use of $1.565M of ARPA Funding
for a transformational investment in South Burlington’s Recreation and Parks Services and Infrastructure
that will significantly improve the overall quality of the user experience, address challenges created by
the pandemic (including increased use and social isolation), resolve longstanding deferred maintenance,
bring South Burlington’s infrastructure onto a level of quality commensurate with neighboring towns,
and increase access to our parks in an equitable manner.
The City of South Burlington has received about $5.6 million in federal economic relief funding through
the American Rescue Plan Act (ARPA) of 2021. The funding provided under ARPA provides a unique
opportunity for state and local governments to make strategic investments in long‐lived assets and build
a stronger, more equitable economy as the country recovers. According to the US Department of the
Treasury, ARPA funds can be used to address negative economic impacts caused by the pandemic, and
cities have broad flexibility to decide how to use this funding to meet the needs of their communities,
providing South Burlington with a unique opportunity to improve services in key eligible sectors.
To provide City Leadership with guidance on how best to use the ARPA Funds, a survey was conducted
and over 350 responses were received. Many respondents clearly highlighted the importance of outdoor
recreational opportunities as both an important coping strategy during the pandemic and a priority for
the use of these ARPA funds. For example:
In response to question #1 on how they have been most impacted by the pandemic, 80% of
respondents cited Socially / Loss of Social Connection, an issue that our committee believes can
be partially addressed via transformational investments that improve access to and equitable
use of parks and recreational infrastructure and services.
In response to question #5 asking respondents to rate eligible projects, investments in
Recreation and Parks infrastructure we listed as the fifth and eight “very important” priorities.
In response to question #6 asking respondents how they would like to see this once in‐a‐
generation funding spent to support the community, the top response from 40 people was
Recreation Spaces and the second response from 22 people was Bike / Ped Infrastructure.
Also, in response to question #6, the top three project specific responses were Park
Improvements, a Community Pool, and a Recreation Center respectively
A key summary trend identified in the survey was that COVID lead to increased use of green and
recreational spaces
Collectively, these results show broad support for use of ARPA funds to support investments in
improving Recreation and Parks infrastructure and services in South Burlington, preferably in a manner
that addresses the social isolation and loss of connection challenges identified in the memo and
increases access to parks in an equitable manner.
The mission of the Recreation and Parks Department is to create and support dynamic public spaces and
programs which grow, inspire, and create inclusive social interactions through land and people. This
mission has been hampered by inadequate investment in maintenance of existing park facilities over the
last twenty years, and the increased use of these facilities during the pandemic has exacerbated issues
created by many years of maintenance deferrals and under investment. The lack of a “regular funding
resource” or specific funding allocation to the Recreation and Parks Department has further limited the
Department’s ability to proactively address these challenges and respond to needs and opportunities
created by the pandemic.
The Recreation and Parks Committee is therefore proposing a strategic investment in improving the
accessibility, quality, and safety of the City’s Recreation and Parks Infrastructure, as well as improving
the diversity and range of the programs they support. We believe that that the ARPA funds provide an
important opportunity for the City to correct deficiencies and bring conditions up to par in places that
people have sought refuge in during the pandemic and continue to utilize for their personal well‐being.
The Committee believes that if the City doesn’t take this opportunity to address longstanding deferred
maintenance challenges with these once‐in‐a‐generation ARPA funds, it will be extremely difficult to find
funding for this work in the future, and the suboptimal conditions in our parks and recreational facilities
will persist or worsen at a time when the community is increasing use of these facilities.
Specifically, the Committee proposes the following investments:
1.Parks Master Plan: The SB Parks System needs to inventory and assess our current assets,
identify maintenance needs, and plan for additional facility growth identified via an existing gap
analysis and meet our goal of a park with ¼ mile of every residence. In addition, it is essential
that we prepare for the future, highlighting additional desired parks, lands, and amenities to
provide for our growing community and ensure that diversity and equity considerations are fully
integrated into our planning efforts.
a.Estimated Cost is $150,000.
2.Transformative Package of Deferred Maintenance on SB Parks: To improve access, safety,
usability, and quality of our existing Recreation and Parks facilities, the Committee strongly
recommends a significant investment in deferred maintenance at two sites, Veterans Memorial
Park and Red Rocks Park. The package, estimated at $1.415 million, includes:
a.Veterans Memorial Park Projects (Total Requested Amount is $815,000):
Regrowing each of the Soccer Fields, $150,000
Creation of additional soccer field $100,000
Bandshell ceiling beam replacement and lighting installation, $45,000
Basketball Court Renovation, $50,000
Replacing/Upgrading Irrigation to all sport fields, $100,000
Paving‐ South Parking Area from Bathrooms to Entry way, $100,000
Creation of Onsite Storage Facilities, $120,000
Electric Mower, $20,000
Baseball field backstop replacements, $25,000
Full replacement of Baseball Dug Out Sets, $105,000
b.Red Rocks Park Projects:
Creation/Renovation of New Bathhouse Facility, $600,000
The Recreation and Parks Committee is mindful of existing ARPA guidance to avoid using these funds in
a manner that will create new staffing burdens and/or an ongoing financial commitment for the city,
such as for support to the construction of an indoor recreational facility. Rather, this proposal envisions
a set of ARPA‐funded activities to improve recreational offerings in South Burlington that can be handled
via existing staff and contracts without creating any unsustainable or overly demanding staff burdens.
Additionally, the Recreation and Parks Committee is aware that staff capacity to implement these
projects is finite, and we therefore propose taking advantage of the entire allowable use period for
APRA funds by spreading out the proposed construction and maintenance over three fiscal years, as
described in the table below.
Timeline of Proposed Investments with ARPA Funds in SB Parks Facilities
Funding Item FY24 FY25 FY26
Parks Master Plan $150,000
Regrowing each of the soccer fields $50,000 $50,000 $50,000
Creation of additional soccer field $100,000
Bandshell ceiling beam and lighting $45,000
Basketball court renovation $50,000
Replacing/upgrading irrigation for sport
fields $30,000 $70,000
Paving in south parking $100,000
Creation of Onsite Storage Facilities $120,000
Electric Mower $20,000
Baseball field backstop replacements $25,000
Full replacement of Baseball Dugout Sets $35,000 $35,000 $35,000
New bath house facility at Red Rocks $400,000 $200,000
TOTAL $525,000 $755,000 $285,000
Note: Grand Total cost across all three years is $1,565,000.
South Burlington Cultural Plan – ARPA Recommendation from the Public Art Committee
Approved unanimously by the Public Art Committee August 30, 2022
During Covid, arts organizations were often the first to close and last to reopen and they are still
not back to delivering many pre-pandemic programs. Artists lost all opportunities for public
engagement with their work and are still struggling while juggling multiple jobs to continue
living in our city. A South Burlington Cultural Plan will identify our cultural assets, articulate a
vision and action plan for strengthening our creative economy, and position it to grow.
A plan is essential to understand how we can support the needs and aspirations of our creative
and cultural sector. An RFP will be developed to engage consultants to work with the Public Art
Committee (PAC) to define a cultural plan that includes working with artists, organizations,
libraries, schools, parks, and the community. The plan will encourage the creation, appreciation,
and understanding of the arts to nurture a vibrant inclusive community, foster artistic excellence,
and bring people together for powerful shared experiences that inspire a creative exchange of
ideas. The arts touch people’s lives in profound ways, providing enrichment for everyone –
children to seniors, stimulating creativity and innovation, and enhancing and strengthening our
overall community.
A plan can also be integrated into all facets of local government to advance broader objectives in
the areas of economic prosperity, social equity, the environment, and cultural vitality. As the
Vermont Art Council’s Action Plan for Vermont’s Creative Sector states:
●Creativity is essential to the cultural and economic vitality of Vermont.
●Arts, culture, and creativity are just as essential to Vermont’s future as roads, bridges, and
broadband.
●Theaters, museums, libraries, parks, and community centers are essential for creative
activity.
The consultants and PAC will convene stakeholder artists and arts organizations in focus groups,
take public testimony, and research how other cities support cultural engagement. Lessons will
be drawn from The Creative City Network of Canada and plans from Bennington (VT), Chicago
(IL), Chattanooga (TN), Portland (ME), and other municipalities. Surveys and asset mapping
will identify South Burlington creative sector enterprises and compare them to state numbers. In
2018, data indicated that 41,000 Vermonters were employed in the creative sector, representing
9.3% of all Vermont jobs in 2018. (Source: Mt. Auburn Associates Report, Assessing Vermont’s
Creative Sector, December 2019)
Timeline for completion of a proposed plan to present to the City Council is projected to be one
year from the approval of the use of the funds and hiring of consultant(s) to work with the PAC,
with an estimated cost of $50,000.
In the development of this cultural plan, mission, values, operational and financial possibilities,
and strategies will be developed and refined with the community as to how South Burlington
can:
●Provide the widest variety of opportunities for artists and arts organizations in all
disciplines to thrive and build capacity.
●Provide quality, diverse arts and cultural opportunities in all South Burlington
neighborhoods for shared artistic expression, inspiring participation in the creation,
understanding, and appreciation of the arts.
●Collaborate across artists and arts organizations, community partners, schools, libraries,
recreation departments, and businesses in pursuit of richer cultural experiences.
●Explore opportunities to access tax credits and other permit or funding benefits available
in the City’s two State Designated areas (New Town Center and Neighborhood
Development Area) to support infrastructure rehabilitation, accessibility upgrades as well
as new cultural facilities.
●Explore grant programs to directly support local artists and arts organizations.
●Identify and prioritize locations, areas, and other opportunities for new and temporary
public art.
NOTE: The Vermont League of Cities and Towns reports creative industries often kickstart
local economies. Strengthening this sector will help make our city more resilient and a place that
more people will want to visit and live. Its suggestions for the use of ARPA funds includes:
●Investment in community-driven creative projects.
●Revitalize downtown areas and created artful spaces.
●Improve and/or increase digital capacity.
●Direct assistance.
●Improvement for disaster recovery and resilience.
The outline for the development of a South Burlington Cultural Plan is congruent with these
suggestions and align with quality-of-life objectives and strategies outlined in South Burlington’s
Comprehensive Plan.
November 16, 2022
TO: South Burlington City Council, City Manager Baker
From: Natural Resources and Conservation Committee
RE: recommendations for additional ARPA funding for 2 Conservation
related topics: Treescape maintenance and preparing the Open Space
Plan
1)While there are different opinions as to the treatment or removal of ash
trees, the Committee recommends that City Council allocate $50,000
of ARPA funds in order to maintain the City Treescape. The city’s CIP
will fund the removal and replacement of street trees, ash trees in
parks and forests are still vulnerable. With funding from ARPA, the city
could offset the loss of these trees by planting additional trees or could
hire a contractor to treat select ash trees in forests with an insecticide,
with the goal of keeping the trees alive long enough for a new method
using parasitoid wasps currently under study to become available.
The Committee has met several times with DPW Director Tom DiPietro
and City arborist Craig Lambert to discuss the City’s plans to remove
ash trees from select neighborhoods in anticipation of the emerald ash
borer infestation. We recommend ARPA funds be added to the yearly
City budget for treescape maintenance and be used at the discretion of
the City arborist whether for purchasing new trees as replacements or
for selectively treating Ash trees of note.
2)The NRCC is in the early stages of creating an Open Space Plan, as
directed by our charge from Council. No one on the committee feels
that they have the skills to facilitate the development of a significant
document like this. We request that $25,000 of ARPA funds to hire a
contractor/facilitator to help the committee organize ideas and hold at
least 2 public input meetings. The committee would like to gather
public input early in the process to help shape the plan’s vision and
goals. We feel that this is important so that the plan will reflect the
community’s values about land conservation. We then hope the
facilitator will help us incorporate the input we receive into the final
Open Space Plan. The NRCC anticipates doing this work in 2023 and
2024. We anticipate that the funds could be used for a consultant to do
outreach and advertising for public participation, convening meetings
with the technical requirements for hybrid meetings, and follow up
drafting of relevant input into the plan.
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South Burlington Public Library with
South Burlington Recreation and Parks
ARPA Bookvan Proposal
November 30, 2022
ARPA Project Request
The Library Board of Trustees requests consideration for a $160,000.00 grant to
purchase and fit up an electric panel van to best transport reading and recreation
around the community. We will fundraise to pay for limited new books once the bookvan
is on the road, and work with the Friends of the Library to add donated books to the
collection. This project will require a part time staff person in FY 24 to handle the library
collections and programs, plus volunteers. The Recreation piece will use existing staff.
Overview
Many residents of South Burlington are unable to get to 180 Market Street for library
services. Fragile older adults may not leave their homes. Young children may be in
childcare from 8:00 am to 6:00 pm. Some individuals and families may only have one
vehicle that is used by someone else in the family to get to work. Others have
transportation but need us to go to them to invite them to 180 Market Street. In order to
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share books and a love of reading with these members of our community,
the South Burlington Public Library will hire a part time employee and use
volunteers to institute a bookvan program which will visit child care centers, senior
residences and neighborhoods in South Burlington. We will share the van with the
Recreation Department, which will use existing and seasonal summer staff to schedule
weekly activites at various locations to support impromptu recreation play.
Goals
➢Bring high quality books to homes, child care centers and senior residences
➢Help people overcome transportation barriers to getting to the library
➢Schedule and publicize stops that will include engagement options for multiple
age ranges
➢Serve as an outreach tool to provide services to underserved populations
➢Spark enthusiasm and interest in reading for childcare providers
➢Provide outreach programming such as storytimes, storytelling, and book
discussion groups
➢Disburse information about City of South Burlington services and programs,
including those presented by the Library and Recreation and Parks
Sites Served & Services Offered
Based on our values of diversity, inclusion and equity, the bookvan is designed to go to
locations we have identified as places where people may not or cannot get to the library
and may not take advantage of recreational programs.
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1.Catching kids in childcare
Monthly visits from October to May to South Burlington’s child care
centers and home daycares, on a rotating basis, from 10:00am-12:00pm. Carts are
brought into each classroom, where each child picks one book, and a bag of books is
left for class use. Books are checked out for the month and returned on the next visit,
at which point carts are rotated and another cart is brought. Depending on the site’s
interest, storytime or storytelling can be incorporated.
2.Bringing the library to our older adults
Monthly visits from October to May to the four senior living establishments in South
Burlington, one residence per week between 1:00-3:00pm. Carts are brought into the
lobby/living area for residents to browse. Books are checked out for the month and
returned on the next visit, at which point carts are rotated and another cart is
brought. If residents have specific requests, holds can be placed and brought at the
next visit. Library cards can be given if needed. Users will learn about library services
and about programs offered at the Senior Center.
3.Making Community Connections
Currently the Recreation and Parks Department coordinates with CHT (Chittenden
Housing Trust) to do a summer visit to each of their properties; meeting the residents
where they are. We would continue to do these as well as broaden the outreach to
other congregate housing communities. The Library will join us, giving children and
adults the opportunity to choose books from book carts that will be placed outside
the bookvan, as well as sign up for a library cards.
4.Rec On The Go!
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Through the use of current full time and seasonal summer staff, the
Recreation and Parks Department would utilize this resource to
schedule weekly activities at various locations to support impromptu recreation play.
A full calendar of these opportunities would be published and available in advance to
the community and would include engagement options for multiple age ranges and
varied locations.
5.Pop-Ups in the Parks
We would utilize current staff to support evening and weekend pop up events for
residents throughout the year in all of our parks and open spaces. We would utilize
full time staff as the primary resource for this, but also supplement with interns from
UVM who are interested in community healthy, wellness, physical education,
recreation and tourism etc.
Collection Development Policy
The Bookvan’s collection development policy aligns with that of the South Burlington
Public Library’s overall goal in collection development: to meet the informational,
educational, and recreational needs of the community. This policy is intended to provide
guidance for the evaluation, selection and deselection of materials and define the scope
and standards of the collection. The end result will be a well-balanced collection that
reflects factors including, but not limited to our community’s varying economic, racial,
ethnic, and educational backgrounds, within the limits of our budget. This policy will be
reviewed annually and will reflect changes in our community.
The Bookvan will carry popular fiction and nonfiction materials. Juvenile fiction, early
readers and picture books will be purchased new and used. Adult best sellers and new
releases will be kept current through the use of a leasing program. Other adult fiction
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and nonfiction will be borrowed from the library’s main collection or
donated by the Friends of the Library.
MEMORANDUM
TO: Helen Riehle, Chair of South Burlington City Council
FROM: Tim Perrin, Chair of South Burlington Energy Committee
CC: Jessie Baker, South Burlington City Manager
DATE: September 1, 2022
SUBJECT: Energy Committee Recommendations for ARPA Funding
The City has received about $5.6 million in federal economic relief funding through the American Rescue
Plan Act (ARPA) of 2021. These funds were awarded to:
●Fight the pandemic and support families and businesses struggling with the impacts
●Maintain public services
●Build a strong, resilient, and equitable recovery
This funding presents a unique opportunity to transform aspects of South Burlington’s infrastructure and
services to align with the City’s climate goals, drive the transition to a more equitable and sustainable
energy economy, and improve the resilience of our community. The Energy Committee would like to
submit these recommendations and examples for how ARPA funding can be utilized in the most impactful
ways for our energy systems and climate utilizing current technologies in high-visibility projects.
Support the electrification of heating systems and vehicles
⮚ We recommend ARPA funding be used to hire a partner organization to develop educational
materials, conduct outreach and community engagement activities, and accelerate heat pump
deployment across South Burlington. ICLEI Local Governments for Sustainability has determined
that 10% of South Burlington’s housing stock needs to be transitioned off fossil fuels each year to
hit our greenhouse gas reduction targets. Estimated cost = $100K.
⮚ The City should consider purchasing at least one electric ride-on lawnmower for Public Works to
use and promote as a technology demonstration. All types of lawn equipment now have
electrified options and the City can help validate performance and stimulate adoption by
households and businesses across the community. Estimated cost = $35K.
⮚ To help promote the transition to electrified lawn equipment, funding could be applied to buy
back existing gas-fired equipment from income-qualified households as an incentive for early
retirement of legacy lawn mowers, weed wackers, and leaf blowers. Estimated cost = $250K.
⮚ To help promote the transition to electric vehicles across the city, offering grants to businesses,
affordable housing, and institutions to invest in electric vehicle charging infrastructure on their
property. Estimated cost = $500K.
Reduce barriers to utilizing mass transit
⮚ Vermont’s weather can serve as a major deterrent to the utilization of mass transit, as most bus
stops do not provide adequate protection from the rain, snow, and wind. We encourage the City
to buy and install small shelters or simple covered areas for all the bus stops in South Burlington.
Offering this refuge from the elements can help increase bus ridership with a nominal investment
by the community. This project has been discussed with Green Mountain Transit leadership and
they are supportive of the concept and open to a partnership. Details of the partnership would
need to be finalized once this project receives approval from the City Council. Estimated cost =
$200K for (5) shelters.
⮚ While mass transit can be an attractive option for individuals who live close to a bus route, many
have to travel inconvenient distances to access a bus stop. ARPA funding could be utilized to bring
on a consultant to assess pathways for increasing access to public transit. Many communities are
exploring micro-transit using smaller vehicles like vans to help accommodate more customized
service for individuals who do not live near a bus stop. The City can invest in a pilot to better
understand the role that micro-transit services can play as a more sustainable transportation
option for community members. Estimated cost = $500K.
Create more pedestrian and bike-friendly transportation options
⮚ Accelerate the timeline of the "Penny for Paths" project plan to build more bike & pedestrian
paths and sidewalks. This will give people more options for how to get around South Burlington
safely and conveniently without a car. The result will be reduced traffic, reduced emissions,
reduced noise, improved health, and better personal connections between people as they see
each other on the path and sidewalk system. Estimated cost would be determined in coordination
with the Bicycle & Pedestrian Committee.
⮚ Add sidewalk or multi-use paths in targeted areas across the city to better accommodate
pedestrians & cyclists and provide faster and safer bike travel to locations across the community.
Connecting the separated sidewalks on Hinesburg Road between Tilley Drive and Rye Meadows
and extending the multi-use path on Williston Road to Kennedy Drive are two examples.
Estimated cost would be determined in coordination with the Bicycle & Pedestrian Committee.
⮚ Partner with appropriate organization(s) and subsidize the purchase of electric bikes and any
necessary charging equipment income-qualified households to accommodate local
transportation needs. Estimated cost = $35K.
Support formulation of the budgeted implementation program plan for the South Burlington Climate
Action Plan
⮚ Hire a consulting firm to follow up on the Climate Action Plan and subsequent implementation
plan to create a fully-fledged budgeted program. This would include identifying funding sources,
methods, and timelines to obtain funding. This plan would be to the level of detail of
administrative and overhead cost budget for the city and the salaries of the program management
unit. Estimated cost = $100K.
Energy Committee Recommendations for ARPA FundingNovember 30, 2022
11/30/2022 South Burlington Energy Committee RecommendationSupport the beneficial electrification of heating systems & vehiclesRecommendation Estimated Cost Alignment with SB PrioritiesCommunity engagement to accelerate heat pump deployment$100K Affordable & Community StrongGreen & CleanPurchase an electric ride‐on lawnmower for DPW $35K Green & CleanBuyback program for existing gas‐fired lawn equipment $250K Affordable & Community StrongGreen & CleanGrants for electric vehicle charging infrastructure $500K Affordable & Community StrongGreen & CleanOpportunity Oriented
11/30/2022 South Burlington Energy Committee RecommendationReduce barriers to utilizing mass transitRecommendation Estimated Cost Alignment with SB PrioritiesInstall small shelters for bus stops $200K Affordable & Community StrongWalkableGreen & CleanDevelop micro‐transit services $500K Affordable & Community StrongGreen & CleanOpportunity Oriented
11/30/2022 South Burlington Energy Committee RecommendationCreate more pedestrian & bike‐friendly transportation optionsRecommendation Estimated Cost Alignment with SB PrioritiesAccelerate “Penny for Paths” project plan Bike/Ped Committee ConsultationAffordable & Community StrongWalkableGreen & CleanAdd sidewalk or multi‐use paths in targeted areas across communityBike/Ped Committee ConsultationAffordable & Community StrongWalkableGreen & CleanSubsidize the purchase of electric bikes & charging equipment$35K Affordable & Community StrongWalkableGreen & Clean
11/30/2022 South Burlington Energy Committee RecommendationSupport development of implementation program plan for Climate Action PlanRecommendation Estimated Cost Alignment with SB PrioritiesHire outside firm to create a fully‐fledged budgeted program$100K Affordable & Community StrongWalkableGreen & CleanOpportunity Oriented
From:Michael Biama
To:Jessie Baker
Cc:jrbipad@gmail.com
Subject:"EXTERNAL"Updated & Revised Recommendations for ARPA Funds
Date:Tuesday, November 22, 2022 10:38:30 AM
This message has originated from an External Source. Please use proper judgment and
caution when opening attachments, clicking links, or responding to this email.
Dear City Council Members,
During its most recent public meeting, The Economic Development Committee spent some
additional time discussing the most effective use of the City’s remaining ARPA funds. The result of
this discussion was that the Economic Development Committee would like to revise its top three
recommendations for areas of support, as well as propose some specific ways in which the money
could be used to impact these areas. These recommendations are included below for your
consideration.
Ranked in Order of Priority:
1.Child Care
a.Establishing a grant program that existing operators could use to expand program
capacity.
b.Establishing a grant program that existing operators could use to provide bonuses to
educators working in regulated childcare programs, assisting in employee retention.
2.Support Local Businesses
a.Establishment of a Revolving Loan Fund. Revolving loan funds exist in other
municipalities around the State and have been highly successful in assisting local
businesses in times of need. With interest rates rising quite rapidly, this could be an
effective use of ARPA funds that would allow struggling businesses to access low-cost
capital. Assuming this is a feasible use for the ARPA funds, it would be a great way to
establish a program that could benefit the City for many years to come.
3.Water, Sewer, Stormwater Infrastructure
a.Supporting the stormwater division as they continue to help address the
implementation of the new general stormwater permit (9050) would be an excellent
use of ARPA funds. The city has already taken a leadership role in helping non-
conforming property owners design systems that will meet the new state
requirements. However, the implementation of the systems that are currently being
designed, and the cost associated with their construction, is still a big unknown.
Establishment of a general stormwater fund to address the new 9050 permits
requirements would be a great use of ARPA funds as well.
Please reach out to the Chair or any of the members of the Economic Development Committee
should you have any questions regarding these recommendations.
Thank you for your time and consideration.
Sincerely,
Economic Development Committee
Committee Common Area For Dogs
180 Market Street
South Burlington, VT 05403
www.SouthBurlingtonVT.gov
MEMORANDUM
TO: Helen Riehle, Chair of So Burlington City Council
FROM: Betty Milizia, Chair of So Burlington Committee on Common Areas for Dogs.
CC: Jessie Baker, South Burlington City Manager
Holly Rees, South Burlington Recreation & Park Director
Matt Cota, South Burlington City Council Liaison to the CCAD
Members, Committee on Common Areas for Dogs
DATE: November 21, 2022
RE: Committee on Common Areas for Dogs Requests for Use of ARPA funding
South Burlington is in an exciting time of transformation. If anything, positive came out of
COVID, it was the time we spent examining what is most important in our lives. The South
Burlington COVID survey asked: “HOW HAS COVID‐19 IMPACTED ON YOU?” It is striking that
80% of people reported the loss of connection and physical isolation from others as having had
the most profound impact on them, even though, people adjusted to working, attending
classes, worshiping, celebrating birthdays, socializing and even receiving healthcare, remotely.
We shopped online and ordered over the phone.
Other studies also showed that people living alone, experienced more isolation, depression,
anxiety or ability to cope. But, for those living with pet companions, the impact was lessened
by the ability to have physical contact with another living being. Pet adoptions rose by 30%. The
Human Society of Chittenden County reported a 50% increase in adoptions in 1 year.
Pet companions gave people purpose, routine and a way to have a physical connection. People
with dogs, had a reason to be outdoors for fresh air, exercise and socialize “in‐person”. If there
was a dog park nearby, they walked and their dogs could exercise. Everyone could socialize.
Those without a park, sought them out and drove.
All community members deserve to participate and enjoy community life safely and with
minimal interference from others, both people and dogs. Meeting the needs of dogs, reduces
the negative perceptions and challenges of their presence. Presently, their public lives are
governed by restrictive leash laws that prohibit them from being off‐leash to get essential
“play” or exercise, except in a dog park, if they can find one.
There are approximately, 3500 dogs living in South Burlington. Many more visit, daily. The
newly opened 1 acre, Wheeler Dog Park, is already becoming a “destination” dog park, drawing
people and dogs from all over the county. Our other small “neighborhood” dog park on Farrell
St is in disrepair, it can’t serve the needs of the hundreds of dogs living nearby. The lack of
space and sanitation infrastructure in the city, relegates dogs to being seen as interlopers and
nuisances and their guardians as irresponsible and law breakers.
South Burlington’s pursuit to be transformative and meet the needs of our community and the
region are exciting. The type and location of housing and planned public space will dictate the
type of infrastructure needed, not necessarily the number of dogs here. Will we need
destination or neighborhood dog parks? Will neighborhoods and public spaces have common
areas? Will concentrated housing have pet relief areas?
The following is the list of projects, timeframes and costs for use of ARPA funds.
Current needs:
•Complete Wheeler Dog Park (FY ’24)
•Refurbish Farrell Dog Park (FY ’24)
• Identify and install sanitation resources, as soon as possible. (FY ’24)
•Develop master plan for 3 new dog parks/runs (FY ’25)
o City Ctr “neighborhood” (walk <15 min) (FY ’25)
o SW district “neighborhood” (walk<15min) (FY ’26)
o NE district “destination” (walk< 35 min, short drive +/‐ 1 mile) (FY ’26)
•Comprehensive Plan needs to be more supportive of a growing pet population.
o Guidelines for new developments and redevelopment, should provide more
livable spaces and support the wellbeing of all users.
Require large compact multi‐unit housing to have sanitation amenities.
Require all large single/condo developments to include a “neighborhood”
dog park or contribute to a dog park fund for city to develop.
Install sanitation amenities on city owned open space/ entrances to parks
and trailheads.
Proposed ARPA Funds request to develop SB Dog Parks & Common Areas
Infrastructure
Funding Item FY24 FY25 FY26
Determine possible options to expand
area and improve accessibility in Wheeler
Dog Park 16,000
Purchase/ install 16 dog waste bag
dispensers (citywide) $300=tax/ dispenser 15,000
Add amenities to Wheeler Dog Park:
water, shade, seating 10,000 10,000
Complete refurbishment of Farrell Dog
Park 60,000
Add amenities to Farrell Dog Park: water,
seating, play structures 10,000
Dog Parks Master plan to select new
locations for additional dog parks/runs 60,000
Construct new dog park/run (NE district) 100,000
Construct new dog park/run (SW district) 60,000
Construct new dog park (City Ctr district) 100,000
TOTAL 101,000 180,000 160,000
Note: Grand Total cost across all three years is. $441,000
The Committee on Common Areas for Dogs is aware that project timeframes may interfere with
staff priorities. However, we emphasize the reality that addressing a number of these projects
have been delayed for years and will only create more challenges and issues, if they are delayed
further. We hope you will take this fact into consideration. And again, are grateful for the
opportunity to participate in this process.
Memorandum
To: South Burlington City Council
Cc: Jessie Baker, City Manager
Erica Quallen, Bicycle/Pedestrian Committee Staff Liaison
From: South Burlington Bicycle and Pedestrian Committee (SBPC)
Date: November 22,2022
Re: Bicycle and Pedestrian Committee ARPA funding request
Dear Council Members,
I’m writing on behalf of the SBPC to submit our request for project to be paid for with ARPA
funding.
Proposed Project: Scope, design and replace 5 ‘ shared use path into 10’ shard use path along
Hinesburg Road/Rt 116 between Kennedy Drive and Williston Road. The current paving is in
serious disrepair, and is too narrow for two-way use. Please see attached map.
Cost: Total cost is 1.3 million, with about half of this anticipated to be covered by grants. Any
portion of this would be welcome, and we could potentially start the project sooner than the FY
24-26 noted on our current CIP. Please see attached CIP plan for further details.
Rationale: This project addresses negative economic impacts on families and small businesses,
by allowing residents better access to shops and services of Market Street and Dorset Street,
and the plaza at the end of Hinesburg road- without need for a car or expensive gasoline. It
would also connect students to Central School, Tuttle Middle School and the High School. The
latter two schools via Greenway between Willison Road, Mayfair park and Prouty Parkway. This
would serve community members living in the neighborhoods immediately adjacent to
Hinesburg Road, as well as those living along Kennedy Drive, in the O’Brien Development, and
along the Greenway from Mayfair Park and Williston Road.
Summary: We think this project would serve many households and businesses in City Center
along with enhancing recreation opportunities and fostering a more pedestrian friendly culture.
Respectfully submitted on behalf of the BPC,
Havaleh Gagne
Chair, Bicycle and Pedestrian Committee
PROJECT:Hinesburg Road Shared Use PathJUSTIFICATION: Operational Impacts:DEPARTMENT: Bicycle/PedestrianCONTACT: Erica QuallenFINANCIALS (in $1,000)FY24 FY25 FY26 FY27 FY28 FY29 FY30 FY31 FY32 FY33Total:Estimated Costs:Studies, Design, Eng, Inspection, GC, Legal75 10 85 Land/ROW/Easement Acquisition10 10 Construction500 750 1,250 ‐ ‐ ‐ ‐ ‐ ‐ ‐ Total Estimated Costs:‐ ‐ 75 520 750 ‐ ‐ ‐ ‐ ‐ 1,345 Funding Sources:General Fund‐ Secured Grants‐ Anticipated Grants400 500 900 Penny for Path Debt Proceeds75 100 150 325 Recreation Impact Fee‐ Highway Impact Fee20 100 120 Developer Contributions‐ ‐ ‐ ‐ Total Estimated Funding:‐ ‐ 75 520 750 ‐ ‐ ‐ ‐ ‐ 1,345 DESCRIPTION: Scope, design, and replace existing 5' sidewalk with 10' shared use path on Hinesburg Rd between Williston Rd and Kennedy DrImprove pedestrian and bicyle safety on Hinesburg Rd and make connection between future shared use path on Williston Rd and existing shared use path on Kennedy DrEstimated Annual Operating Cost:FINANCIALS COMMENT:Estimated Revenue Per Year:STATUS: Not started.Winter snow removal, periodic repavingChange to workload by requiring large plow for path, rather than sidewalk but in the vicinity of currently paved pathsN/A
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ARPA PROPOSAL
Affordable Housing Committee
November 22, 2022
Committee Members
Janet Bellavance
Leslie Black-Plumeau
Vince Bolduc
Sandra Dooley – Vice-chair
Tom Getz
Emily Holt-Gosselin
Ariel Jensen-Vargas
Darriyln Peters
John Simson
Chris Trombly - Chair
Executive Summary
The Affordable Housing Committee was tasked to provide recommendations on the spend down
of the remaining ARPA funds and give consideration of the community ARPA survey as well as
the city council’s desire for recommendations that would deliver transformational change and the
biggest bang for its buck.
The Affordable Housing Committee requests that the City Council fund one-time expenses for
two of our FY2023 priorities by using a portion of the remaining ARPA funds. The use of the
funds is consistent with the program's intent by providing an equitable recovery and saving the
general fund in FY2024.
1/ Housing Needs Assessment & Opportunities Up to $100,000
2/ RFP for Child Care Grant City Council Discretion
3/ ADU Grant Program $225,000
The motion for the proposal was passed unanimously.
Thank you for your consideration.
Christopher Trombly
Chair, Affordable Housing Committee
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Housing Needs Assessment and Opportunities
Background
A housing needs assessment is a critical planning tool for identifying local policy solutions for a
community’s most urgent needs. It involves using data and local voices to identify gaps between
a community's existing housing stock and the current and future needs of residents.
It is ideal to update a town's housing needs assessment every 5-10 years, due to ongoing changes
that affect the demand for and supply of housing, such as population demographics, impacts on
housing quality, changing state and federal resources and housing market fluctuations.
The last South Burlington housing needs assessment was conducted almost 10 years ago
The housing section of the municipal plan should provide current information and guidance
regarding local housing needs, including how much housing is needed in the community and
regulations proposed to meet local needs. The Housing Needs Assessment will provide the
needed data for the City to set sustainable targets, types, locations and goals for housing growth
in South Burlington.
South Burlington has experienced unprecedented changes in the last five years, including the
groundbreaking of the City Center, the COVID-19 pandemic, and efforts to establish federal
state and local goals regarding climate change.
Action recommended
We recommend that the South Burlington City Council task the Affordable Housing Committee
with developing a scope of work and an RFP for hiring a consultant to conduct this assessment.
We recommend that the South Burlington City Council budget up to $100,000 to pay an external
consultant to conduct and prepare a report about the housing needs assessment and highlight
opportunities to increase housing affordability.
Data obtained through City, state, and Census Bureau sources, including on the Vermont
Housing Data Website, by the consultant, will be used to analyze the current conditions of South
Burlington housing market and assess future housing needs. The types of data analysis to be
conducted by the consultant will include, but will not be limited to, availability, affordability,
and future needs for owner homes, rental housing, and perpetually affordable housing.
Both raw data and the results of the data analysis will be provided to the South Burlington
Affordable Housing Committee in a written report or similar format. The consultant will review
this document with the Affordable Housing Committee at a regular Affordable Housing
Committee meeting.
This document will include data, data analysis, and recommended implementation measures to
address identified housing challenges in the city of South Burlington.
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Housing Needs Assessment and Opportunities (continued)
Model scope of work outline
Demographic, geographic and economic data review
The consultant will gather and analyze information through city, state and Census Bureau data
sets regarding population, households, housing and employment including, but not limited to,
historical and population growth trends, demographic data, household data, and employment
data.
Housing Stock, Trends and Projections
This will include information about new residential units, types of building permits issued, trends
across the City and estimated rental and owner home vacancy rates.
Market Analysis
The Consultant will study residential real estate trends of all types of housing, including an
analysis of past residential sales prices, length of time on the market, and other relevant real
estate metrics. As part of the market analysis, a survey of community stakeholders and residents,
particularly of underserved communities, would be preferred to hear their voices in the final
report.
City housing levers
Review of land development regulations and other city requirements that affect housing
affordability and availability. Areas of specific interest are:
•Planning and Zoning Regulations Analysis
•Density
•Impact Fees
•Parking Requirements
•Landscaping Requirements
•Energy Efficiency Requirements
•Inclusionary Requirements
•State and City Designations (Downtowns, NDAs, Transit Overlay Districts, etc.)
•Planning and Zoning Process Analysis
•Staffing
•Average Time To Review and Approve Applications
•Staff and DRB Discretion / Waiver Regulations
•Intangibles (attitude, availability, collaborative vs. adversarial)
Implementation Strategies and Recommendations
The Consultant will develop recommendations for specific types, rates, and other housing needs
based on the data review, projections, market analysis, and regulation review.
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RFP for Childcare Proposal
The Affordable Housing Committee recognizes the overwhelming support in the Community
APRA survey identifying Childcare as the highest priority to spend the remaining ARPA funds.
We recommend that the City Council earmark some of the remaining ARPA funds to initiate an
RFP process, similar to the affordable housing program, to seek requests from the Child Care
community, who can most effectively deliver this assistance to the community with the highest
impact.
While childcare is not within the scope of the Affordable Housing Committee, members have
expressed an interest in participating in helping accomplish this objective. Childcare also
indirectly supports other high priorities reflected in the survey: addressing income disparities,
local business support, and racial disparities.
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Accessory Dwelling Unit Incentive Program
The Affordable Housing Committee proposes that the City Council provide $225,000 from the
ARPA allocation to launch a grant program to incentivize the construction of 15 Accessory
Dwelling Units (ADUs) in the City. Grants could be used for detailed design and construction.
It would serve as a demonstration program to add rental units to the housing stock and create
publicity and interest for City homeowners going forward. Grants could be up to $15,000 each.
ADUs approved under the program would involve interior renovations and small additions to an
existing house footprint. It is anticipated that ADUs developed would average 500 to 750 square
feet and would cost $60,000 to $125,000. Homeowners would be invited to submit an
application including preliminary design, a budget and financing plans.
Prior to launching the program, the City will develop educational materials, including how to be
a landlord, sourcing designs, financing and finding a contractor. Programs of this kind already
exist in Montpelier and elsewhere in the US and model educational materials would be available
for adaptation.
The program would require that the City’s grant be for “early money” such as detailed design,
material purchase, and foundation work to ensure that it is spent within the parameters of the
ARPA timing requirements. Proof of firm financing would be required before a grant is made
and guarantees confirmed that the resulting housing unit would be a long-term rental with a one-
year or more lease and a long-term commitment by the owner.
Although the program is only likely to deliver 15 affordable rental housing units, it could be
easily and quickly implemented compared to alternatives. Under inclusionary zoning, it would
require 100 units of multi-family housing to equal the number of affordable units we expect this
program to complete. Such development in our City would take many months before
construction and months to complete. All ADU development contemplated would be within
existing neighborhoods and comply with our Land Development Regulations by right.
Another significant benefit to homeowners is the opportunity to receive additional income from
rent. We know that there are many homeowners in the City who are struggling financially. If
they can afford to access this program with financing plus a City grant, the added income will
help long term.
It has been suggested that grants be restricted to homeowners at or below median income.
Although desirable, such a requirement might stifle the program because few lower-income
households would want the burden of debt or be unable to obtain a home equity loan large
enough to complete an ADU. We believe most applicants will choose to remain in their current
house and rent the ADU. By definition, a 500 to 750 sq ft home will be affordable to households
in need of housing.
The Affordable Housing Committee is prepared to research and develop the information packet
for prospective applicants. Champlain Housing Trust can be approached about helping with
administration.
MEMORANDUM
TO: Jessie Baker, City Manager;
South Burlington City Council
FROM: Paul Conner, Director of Planning and Zoning
SUBJECT: H 68 / Senate Omnibus Housing Bill
DATE: February 21, 2023 City Council meeting
Earlier this month the City Council provide a letter to the Senate Economic Development, Housing, and
General Affairs Committee on the draft Omnibus Housing Bill (and companion H 68 in the House). Chair
Riehle and I were invited to present this letter to the Committee on February 8th and engage in a dialogue
with the Committee. Staff was asked to follow up on a handful of items, which was provided to the
Committee in the form of an email on February 15th. That email is enclosed.
Since that time, at least one revised version of the draft bill have been published, and a public input session
was held by the Committee on February 16th. This evening the Council is holding further discussions
regarding the bill, its possible implications to South Burlington, and any supplemental feedback the
Council may wish to provide the Legislature on the draft bill.
To assist with this discussion, staff has identified some key implications of the bill focused on the policy
areas the Council (and Planning Commission) discussed and took action on earlier this month. The
Council’s letter highlighted four areas of concern in the bill as introduced:
1.Proposed 24 VSA 4412(12)
In any district served by municipal sewer and water infrastructure that allows residential development,
bylaws shall establish lot and building dimensional standards that allow five or more dwelling units per
acre for allowed residential uses, and no dimensional or density standard for multiunit dwellings shall be
more restrictive than those required for single-family dwellings.
Status: the updated draft of the bill alters the language above slightly for clarity and provides an
extended definition of “served by municipal water and sewer” that provide for condition-specific
exclusions.
Staff analysis:
•This law would require that areas served by water & sewer that allow for construction of
housing allow housing to be built at a density of at least five (5) dwelling units per acre.
•A municipality retains the authority to prohibit residential development in certain areas.
•A municipality presumably likely retains the authority to define planned water sewer service
areas, but this could be clarified (see discussion below).
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•Impacts to South Burlington Land Development Regulations:
o West side of Spear Street, south of Swift. Currently R1/R2 zoning. Much of this area is
served by water & sewer. Zoning would likely have to be updated to allow 5 units per
acre (though of course it would remain the property owners’ choice what to do with
their own land).
o West Side of Spear, immediately north of Swift Street. Currently R1-PRD zoning. Partially
served by water/sewer. Zoning may have to be updated to allow 5 units per acre on
with less than 4 acres of buildable land. Larger lots may already be TNDs, which would
meet the bill’s requirements.
o Parcels under 4 acres in size in SEQ NR, NRT, and VR Districts under 4 acres in size would
likely need to have zoning updated to allow 5 units per acre. These parcels were shifted
from 4 to 1.8 units per acre; re-evaluation of this subject is on the City’s 2022-23 work
plan.
o SEQ-NRP: Current regulations allow for extremely limited residential development on
parcels entirely (or effectively entirely) within the SEQ-NRP. There are a small handful of
parcels meeting this criteria in areas broadly served by water/sewer. The may need to
either explicitly prohibit new residential development in these areas, designate a
specific portion of the parcels for residential uses at 5+ units per acre where, or
designate the areas as being explicitly outside the water/sewer service areas.
o Habitat Blocks: New housing is prohibited in Habitat Blocks, with the exception of a
circumstance where more than 70% of the parcel is covered by habitat blocks or other
Hazards/Level 1 resources. There are some circumstances where these Habitat Blocks
are adjacent to water/sewer service areas. In most cases, these would become
Conservation PUDs, which appear to meet the requirements of the bill be designating
areas allowed and prohibited from development. The City may need to allow 5 units per
acre on the 30% of land it allows to be built in the rare instances where a Conservation
PUD is not available.
o On parcels under 4 acres in size in other areas zoned R1-PRD, R2, Lakeview, and
Lakeshore (which allow for 1-4 dwelling units per acre), the City may be required to
allow 5 units per acre. Note that parcels over 4 acres in size are required to be a TND,
which appears to meet the requirements of the bill.
•Additional actions the City may elect to do if the bill is adopted
o Within the water & Sewer ordinance, define the City’s planned sewer & water service
areas. The current Ordinance defines sewer service areas as land within 200’ of an
existing sewer line, but the City does not map allowed expansion of such systems. The
City could (likely) define water/sewer service areas to exclude those areas prioritized for
conservation, including the SEQ-NRP district, Habitat Blocks except as allowed, and the
portions of Conservation PUDs that are to be conserved. Areas that prohibit residential
development are exempt from the regulation.
For Council consideration as supplemental feedback on H 68 / Omnibus Housing Bill:
1.Recommend that the bill explicitly state that municipalities retain the authority to define current
and planned water & sewer service areas. This could be an explicit statement with 4412 15(A).
2.Recommend that the bill allow pre-existing homes in areas that do not otherwise allow new
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development to connect to water/sewer
3.Recommend that the bill clarify that a program that redistributes development within a parcel
or within the community be allowed to exist, so long as conservation / sending land prohibit
future residential development
4.Recommend that the minimum 5 units per minimum can be achieved through TDR or other
redistribution system.
2.Proposed 24 VSA § 4412(13) provides as follows:
In any district served by municipal sewer and water infrastructure that allows residential development,
any mixed use developments and affordable housing developments, as defined in section 4303(2)of this
title, may exceed building height limitations by one additional habitable floor beyond the maximum
height and using that additional floor may exceed density limitations for residential developments by an
additional 40 percent, provided that the structure complies with the Vermont Fire and Building Safety
Code.
Status: This provision has been replaced with a minimum allowance for a 20% density bonus for
affordable housing developments.
Staff analysis: The City’s regulations already meet (and exceed) this allowance.
3.Proposed 24 VSA § 3101(a) (contained only in H.86) provides as follows:
Any energy codes and regulations adopted after July 1, 2023 shall not be more restrictive than the
Residential Building Energy Standards or the stretch code adopted under 30 V.S.A. § 51 or the
Commercial Building Energy Standards adopted under 30 V.S.A. § 53, except where enabled by a
municipal charter.
Status: This provision has been updated to provide more specificity and to allow municipalities to
regulate energy standards for building exceeding 1,800 s.f. in size.
Staff analysis: The Council initial concern was that the bill could preclude municipalities from
establishing “companion” regulations, for example to regulate fuel types and/or require the installation
of solar PV within areas designated as “solar ready zones” in the CBES and RBES. This remains unclear in
the draft.
For Council consideration as supplemental feedback on H 68 / Omnibus Housing Bill:
5.Recommend that the bill be clarified to allow municipalities to establish ordinances and
regulations that are not specifically regulated by the CBES or RBES.
4.Proposed 24 VSA § 4471(e) provides as follows:
Notwithstanding subsection (a) of this section, a determination by an appropriate municipal panel
that a residential development will not result in an undue adverse effect on the character of the area
affected shall not be subject to appeal if the proposed residential development seeking conditional
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use approval under subdivision 4414(3) of this title is within a designated downtown development
district, designated growth center, or designated neighborhood development area.
Status: This section has been re-written slightly to add greater clarity regarding applicability, specifically
that this applies to conditional use review.
Staff analysis: The City does not require conditional use review for housing in or adjacent to the
Neighborhood Development Area. Therefore, with the added clarity of the revised version of the bill,
staff finds this section to be not applicable.
Big Picture Items:
As this bill (and other similar bills in the past) have been considered, staff has engaged with legislators,
professional & representative organizations, and neighboring municipalities to discuss and support
complementary tools supporting the goals of facilitating smart growth and compact development where
infrastructure exists. These include:
•Expanding authority for municipalities to have more than one New Town Center / Downtown, and
by extension, Neighborhood Development Area. Staff shared this idea with Senate Economic
Development on February 8th.
•Create a designation program that targets and supports infill in underdeveloped “strips” of paved,
largely commercial land (eg: Shelburne Road, Barre-Montpelier Road, Newport-Derby, etc.). Staff
shared this idea with Senate Economic Development on February 8th.
•Authorize municipal delegation of Act 250 where municipality can demonstrate functional
equivalency (akin to shoreland standards). Staff co-signed a memo in response to a request from
Senator Harrison on February 21st.
For Council consideration as supplemental feedback on H 68 / Omnibus Housing Bill:
6.The Council may elect to include recommendations along these lines if it wishes.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
MEMORANDUM
TO: Jessie Baker, City Manager; South Burlington City Council
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: LDR Amendment #LDR-22-09 post-hearing changes; Planning Commission feedback
DATE: April 17, 2023 City Council Meeting
The Council at its April 3, 2023 meeting discussed feedback on the draft amendments to the Land Development
Regulations’ Environmental Protection Standards and, subsequently, requested that the Planning Commission
review and provide input on the changes being considered. Specifically, the Commission was tasked with
reviewing a proposed changes prepared by staff modifying the standards under which previously-impacted
wetland buffers and other resources could be altered.
The Commission examined two changes prepared by staff (one provided to the Council on 4/3 providing clarity
on changes to previously-impacted wetland buffer areas, and a second, simplified process allowing for
stabilization of previously existing, previously-approved structures and site conditions).
The Commission passed a motion 5-0 recommending these changes, with an additional modification to the
former change, requiring that any such project result in no net loss of impervious surface within a wetland
buffer.
The recommended language (with minor edits following Commission-authorized city attorney review) is
included in the attached full amendment package. These post-March 20 changes are shown in yellow highlight.
Council Possible Action:
If Council is comfortable with the amendments as modified, it can warn a new public hearing on the revised
draft regulations. The amendments will be provided to the City Clerk for public access and to the Planning
Commission, formally, for the Commission to consider any revisions to its Report assessing the amendment’s
consistency with the City’s Comprehensive Plan.
Following the Council’s public hearing, it can take the action to adopt the amendments as warned.
Possible motion: “I move to warn a public hearing on amendment to the Land Development Regulations
#LDR-22-09, with modifications as presented in this meeting’s packet, for May 15, 2023 at 7:30 pm.”
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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
2
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. Under the following circumstances
(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.
(1) For applications not otherwise subject to Site Plan Review, Subdivision Review, or PUD Review, 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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
3
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) Administrative Review. When
alteration of Steep Slopes and/or Very Steep Slopes (regulated under Section 12.03), or alteration in
association with association with stabilization of pre-existing conditions (subsection 5) areis the only
encroachment 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).
(5) Stabilization of pre-existing conditions. Encroachments into Class II Wetland Buffers located more than
50’ from the edge of the wetland, Class III Wetland or their buffers, Habitat Blocks, Habitat Connectors, Steep
Slopes, and Very Steep Slopes, for the sole purpose of stabilizing a previously approved, pre-existing structure,
driveway, walkway, or land feature shall be subject to administrative Site Plan review, unless the application is
exempt from site plan review under Section 14.03. Applications exempted from site plan review shall be
subject to zoning permit review by the Administrative Officer and, except as required by the Administrative
Officer, shall not be subject to the submission requirements for a Site Plan in Appendix E. The applicant shall
demonstrate that 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). Nothing in this
subsection alleviates the obligation to comply with all applicable standards of the River Corridor Overlay
District and the Floodplain Overlay District.
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).
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
4
(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.
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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
5
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
D. Review Process. Per Section 12.01(D), applications involving development on when alteration of Steep
Slopes or Very Steep Slopes or Steep Slopes is the only encroachment on an Article 12 natural resource, the
application shall be reviewed viasubject to administrative Site Plan Review (Section 14.049), 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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
6
(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.
12.04 Habitat Block Overlay District
A. Purpose. With the main goals of identifying habitat resources that meet the needs of a wide variety
of wildlife species and provide opportunities for some species to access several habitat areas, the City engaged
a consultant to conduct a City-wide habitat assessment. The “City of South Burlington Habitat Block
Assessment & Ranking 2020” prepared by Arrowwood Environmental, LLC, locates and ranks certain
contiguous forested areas and adjacent unmanaged shrubby areas of old field, young forest and unmanaged
wetlands. Based on the information in that report, the City has designated certain areas permanently as
Habitat Blocks. It is the purpose of the Habitat Block Overlay District standards to avoid undue adverse effects
from development on these resources, promote the natural succession of vegetated areas of native vegetation
in order to support wildlife habitat and movement, promote carbon sequestration, filter air, and increase
infiltration and base flows in the City’s streams and Lake Champlain.
B. Applicability. The requirements of this Section apply to all areas indicated as “Habitat Blocks” on the
Habitat Block and Habitat Connector Overlay Districts Map, except as follows:
(1) On lots less than one (1) acre in size existing as of 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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
7
the Habitat Block. In no case shall the Development Review Board approve a net reduction of the area of
a Habitat Block.
(2) Small On-Site Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block
not to exceed two (2) acres or ten (10) percent of the application’s total land area, whichever is less, for
an equal amount of land within the same Planned Unit Development or Site Plan upon written request,
without requiring a Habitat and Disturbance Assessment. Such land exchange must not include Core
Habitat Block Areas and shall not eliminate existing Habitat Connectors. The land to be protected through
the exchange may be located separate from the Habitat Block. To approve a small on-site habitat block
exchange, the Development Review Board shall require the applicant to:
(a) Retain a similar or greater quality and maturity of vegetation within the proposed areas for
exchange; and
(b) Prioritize the retention of forest stands that include trees measuring 9 inches diameter at breast
height (dbh) within the exchange area.
(3) Larger Area Habitat Block Exchange. An applicant may apply to exchange a portion of a Habitat Block for
the addition of an equal amount of contiguous land within the same Habitat Block upon written request,
and pursuant to the standards of this Section. The exchange of land within the same Habitat Block may
occur within one parcel or on separate parcels.
(a) Supplemental submittal requirements.
(i) Indicate, on the Master Plan and all subsequent plans, all proposed alterations to the Habitat
Block.
(ii) Submit, as part of the preliminary plat application, a Habitat and Disturbance Assessment
(HDA) pursuant to Section 12.04(J) and a written assessment of compliance with the standards
contained within this subsection.
(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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
8
E. Substantially-Habitat Block-covered lots. A lot containing a combination of Hazards and Level I
Resources exceeding seventy (70) percent of the total lot area is eligible for relief from Habitat Block standards
in the following manners:
(1) As a Conservation Planned Unit Development, subject to the standards of Section 15.C.05; and,
(2) The applicant is entitled to re-designate a portion of the Habitat Block, to allow for thirty (30) percent
of the total parcel area as Buildable Area. The applicant shall provide a proposed redesignation to the
Development Review Board with land designated as, and added to, the parcel’s Buildable Area in the
following order:
• First: Land not a Hazard or Level I Resource;
• Second: Land that is not characterized by a preponderance of mature trees;
• Third: Land within Habitat Blocks, excluding Core Habitat Block Areas or areas which
would sever a Habitat Connector.
• Fourth: Land within Habitat Blocks, avoiding Core Habitat Block Areas to the greatest
extent possible;
(a) Calculation: Land shall be selected from first to fourth. If all applicable land on the lot from one
category is designated as Buildable Area, and the allotment of thirty (30) percent of the total
parcel area has not been reached, then land from the next category shall be selected.
(b) Special Circumstances: Where the DRB finds that designation of land as Buildable Area pursuant
to the priority order above is in conflict with the purposes of this section, or where it finds that
strict adherence to the priority order does not allow for a unified PUD consistent with the
purposes or intent of these regulations, it may approve modifications to the land selected. Any
such modifications shall be minimized in terms of land area and changes to, or reordering, the
priority order.
(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:
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
9
(1) Establishment and maintenance of unpaved, non-motorized trails not to exceed ten (10) feet in width, or
their width prior to adoption of these regulations, whichever is greater;
(2) Removal of invasive species, removal of diseased vegetation, and removal of dead or dying trees posing
an imminent threat to buildings or infrastructure; and,
(3) Uses and activities enumerated in Section 12.01(C).
Nothing in this subsection shall be construed to modify the boundary of a Habitat Block as shown on the
Habitat Block and Habitat Connector Overlay Districts Map.
H. Development within Habitat Blocks. The encroachment of new development activities into, and
the clearing of vegetation, establishment of lawn, or other similar activities in Habitat Blocks is prohibited.
However, the DRB may allow the following types of development within a Habitat Block pursuant to the
standards contained herein:
(1) Restricted Infrastructure Encroachment, pursuant to Section 12.02 and the following supplemental
standards:
a) The facility shall be strictly limited to the minimum width necessary to function for its intended
purposes;
b) The clearing of vegetation adjacent to the facility shall be strictly limited to the minimum width
necessary for the facility to function for its intended purposes (street tree requirements shall not
apply in these areas). Street lighting shall be prohibited in these areas except as necessary to meet
State or Federal law; and,
c) Appropriate measures shall be taken to promote safe wildlife passage, including the reduction or
elimination of curbs, reduced speed limits, and/or signage altering users, and underpasses or culverts.
(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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
10
(2) HDA Content Requirements. Where an HDA is required by these regulations, the applicant shall contract
with a qualified wildlife biologist or ecologist to prepare the HDA. The HDA prepared for the Development
Review Board shall include the following information:
(a) Site Conditions Map including all Habitat Blocks and Habitat Connectors on or within 200 feet of
the project site.
(b) An inventory of existing (pre-development) wildlife habitat found on the site, including the
presence of rare, threatened, and/or endangered species and significant wildlife habitat, and an
inventory of the specific habitat types found on the parcel and their relative importance to the
various wildlife species that rely on that habitat for one or more life-cycle function;
(c) An assessment of the relationship of the habitat found on the site relative to other significant
wildlife habitat present in the City (e.g., does habitat found on the parcel provide for connectivity
between mapped habitat blocks; is the parcel located contiguous to other significant wildlife
habitat, or part of a habitat block);
(d) Identification of the distance of all proposed development activities (as permitted), including
clearing, driveways and infrastructure, and areas of disturbance, from the significant wildlife
habitat and, if significant wildlife habitat is proposed to be disturbed, the total area of disturbance
and the total area of the remaining (undisturbed) habitat;
(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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
11
C. Standards for Protection of Habitat Connectors.
(1) In the locations where a Habitat Connector is indicated on the Habitat Block and Habitat Connector
Overlay Districts Map, all lands within a 150-foot-wide area shall be left in an undisturbed, naturally
vegetated condition.
(2) Hazards or other protected natural resources regulated in Article 12 contiguous to a Habitat Connector
may be used to count towards the required 150-foot width of the Habitat Connector.
(3) Habitat Connectors shall be subject to the provisions of 12.04(F) Habitat Blocks Standards.
(4) Relocation of Mapped Habitat Connector. An applicant may apply to relocate a Habitat Connector from
its mapped location on the Habitat Block and Habitat Connector Overlay Districts Map but must
connect to Habitat Connectors or Habitat Blocks on adjacent parcels. Any relocated portion shall be
accompanied by a restoration plan, prepared by a qualified consultant (e.g., landscape architect,
professional wildlife biologist or equivalent). The restoration plan must include a robust planting plan
of native tree and shrub species, specific actions to minimize disturbance to any existing vegetation
supporting a habitat function, and a maintenance plan to ensure its growth. The restoration plan must
design the relocated Habitat Connector to support the movement of mammal species such as fisher,
bobcat, river otter, mink and coyote within a period of ten (10) years.
(5) Restoration of Habitat Connector. The DRB shall require restoration of a Habitat Connector on parcels
where development is proposed and pre-existing conditions consist of Habitat Connectors that are less
than 150 feet in width along 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)
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
12
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
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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
13
impacted Class III wetland buffers shall be returned to their pre-impact state prior to completion of the
project.
(c) Underground Utilities. Temporary impacts to a Class III wetland (meeting the 5,000 s.f. threshold)
or its buffer for the purpose of installing underground utilities are not required to meet the standards
in this Section but must be shown on the applicant’s plans. Temporarily impacted Class III wetland and
their related buffers shall be returned to their pre-impact state prior to completion of the project.
(3) Landscaping and Fencing. Landscaping and/or fencing shall be installed along the outside perimeter of
the wetlands buffer to clearly identify and protect wetlands buffer. The DRB may waive this
requirement, if petitioned by the applicant, if there is existing forest and/or landscaping along the
border of wetland buffer or other clear, existing demarcation. The design and installation of any such
landscaping or fencing must accommodate wildlife passage.
(4) Pre-existing gardens, landscaped areas/lawns, structures and impervious surfaces.
(a) Gardens, landscaped areas/lawns, structures, and impervious surfaces located within a wetlands
buffer that were legally in existence as of the effective date of these regulations shall be considered
non-conforming development. Non-conforming development within a wetlands buffer, may not be
expanded.
(5) Restricted Infrastructure Encroachment. Restricted Infrastructure Encroachment may be allowed
within Class I, Class II, or Class III wetlands, and their associated buffers, without a waiver or
modification provided that the applicant demonstrates the project’s compliance with Section 12.02
and the following supplemental standards:
(a) Roadway paved surfaces shall be no wider than necessary for the intended functional road
classification for the roadway and in no case shall the roadway paved surfaces be wider than 24
feet; and,
(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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
14
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 gardens, landscaped areas/lawns, public infrastructure,
structures, and impervious surfaces within a Class II wetland buffer in any zoning district if,
i. The resulting total area of lands within the wetland buffer that will be in a naturally vegetated
condition is increased; provided the relocated area is of equal or smaller size.
ii. The applicant submits an evidence-based professional opinion by a wetland scientist that the
re-development will have a net positive effect on the health and functioning of the wetland;
and,.
iii. The project results in no increase in total impervious surface within the Class II wetland buffer.
(b)(c) Installation of low-impact development stormwater practices consistent with wetland
functions and plantings with a Class II or Class III wetland buffer.
(c) 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:
(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:
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
15
(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
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
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
16
Brook where a mapped River Corridor has not been developed by the Vermont Agency of Natural
Resources.
(c) All land within fifty (50) feet horizontal distance from the top of bank or top of slope,
whichever is applicable given the stream’s fluvial geomorphology, of all other perennial rivers and
streams.
(d) All land within ten (10) feet horizontal distance from the top of the bank or top of slope of a
natural intermittent stream, whichever is applicable given the stream’s fluvial geomorphology.
(e) Requests to update a River Corridor map shall be in accordance with the procedure laid out
in the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) RCO District – Classification. River Corridors shall be classified in the following manner per Section
12.01:
a. River Corridors on Intermittent Streams. River Corridors on intermittent streams are Level II
Resources.
b. All Other River Corridors. River Corridors on all other streams are Hazards.
(4) Jurisdictional Determination and Interpretation. The information presented on any maps, or
contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with
respect to the boundaries of the RCO the location of the boundary on the property shall be
determined by the Administrative Officer (AO). If the applicant disagrees with the determination
made by the AO or the river corridor as mapped, the applicant has the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District. The following types of development are prohibited in
the RCO District:
(a) All development, including new structures, structure additions, fill, accessory dwelling units,
and any other development that is not expressly listed as at least one of the Exempted Activities or
Permitted Development as described below;
(b) Creation of new lawn or landscaped areas; and
(c) Snow storage areas.
(2) Exempted Activities. The following activities do not require a permit under this section of the bylaw:
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
17
(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.
(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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
18
(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.
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.
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19
(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
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,
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
20
ii.Down River Shadow. Development shall be located in the shadow area directly behind and
further from the channel than the existing structure, or within 50 feet of the downstream side
of the existing habitable structure and no closer to the top of bank or slope, as applicable.
Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
iii.River Corridor Performance Standard. The proposed development shall:
(a) not be placed on land with a history of fluvial erosion damage or that is imminently
threatened by fluvial erosion; and,
(b) not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium
conditions; and,
(c) not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(d) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including a
description of why the criteria for infill development above cannot be met, data and analysis
Figure 1: In-fill Development Standard
Figure 2: Shadow Area Development Standard
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
21
from a consultant qualified in the evaluation of river dynamics and erosion hazards, and
comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 12.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 12.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(3) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
12.07 of this bylaw.
K. Permit Conditions
(1) Permits for public water accesses and unimproved paths that provide access to the water for the general
public and promote the public trust uses of the water shall include a condition prohibiting the permittee
from actively managing the applicable section of river solely to protect the public water access from lateral
river channel adjustment.
(2) The DRB may require mitigation, such as reduction or elimination of curbing to promote wildlife passage
for any Restricted Infrastructure Encroachment projects approved within the River Corridor.
12.08 Floodplain Overlay District (FP)
A. Purpose. It is the purpose of the Floodplain Overlay District to:
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the impairment of the tax
base, and the extraordinary public expenditures and demands on public services that result from flooding;
(2) Ensure that the selection, design, creation, and use of development is reasonably safe and accomplished
in a manner that is consistent with public wellbeing, does not impair flood plain services or the stream
corridor;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
22
(3) Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the municipal hazard
mitigation plan; and make the City of South Burlington, its citizens, and businesses eligible for federal flood
insurance, federal disaster recovery funds, and hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, and 24 V.S.A. Chapter 117 §4424, §4411 and
§4414, there is hereby established a bylaw for areas at risk of flood damage in the City of South Burlington
Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified
as within the Floodplain Overlay District designated in Section 3.01(B).
C. [reserved]
D. Administration
(1) Floodplain Review. All development in the City of South Burlington located within the Floodplain Overlay
District shall be subject to Floodplain Review. The Floodplain Overlay District overlays other existing zoning
districts. All other requirements of the underlying district shall apply in addition to the provisions herein,
unless otherwise indicated. The Floodplain Overlay District is composed of two areas:
(a) Floodplain Overlay District Zones A, AE, and A1-30. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program and mapped as Zones A, AE, or A1-
30.
(b) Floodplain Overlay District Zones 0.2% B1 and B2. The boundaries of these Zones include
those areas of special flood hazard designated in and on the most current flood insurance
studies and maps published by the Department of Homeland Security, Federal Emergency
Management Agency, National Flood Insurance Program, and as depicted on the Natural
Resources Map as Zone 0.2% B1 and Zone 0.2% B2. Floodplain Overlay District Zone 0.2% B1
is composed of areas of the 500-year floodplain that are already substantially developed and
where additional opportunities for infill development is appropriate. Floodplain Overlay
District Zone 0.2% B2 is composed of areas of the 500-year floodplain that are not developed
and where future development is not appropriate.
(2) Interpretation. The information presented on any maps, or contained in any studies, adopted by
reference, is presumed accurate. However, if uncertainty exists regarding the Floodplain Overlay
District boundary, the following procedure shall be followed:
a. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones A,
AE, and A1-30 the location of the boundary shall be determined by the Administrative Officer.
If the applicant disagrees with the determination made by the Administrative Officer, a Letter
of Map Amendment from FEMA shall constitute proof that the property is not located within
the Special Flood Hazard Area.
b. If uncertainty exists with respect to the boundaries of the Floodplain Overlay District Zones
0.2% B1 and B2 the location of the boundary shall be determined by the Administrative
Officer. If the applicant disagrees with the determination made by the Administrative Officer,
the applicant may appeal the determination in accordance with Article 17.
(3) Base Flood Elevations and Floodway Limits.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
23
a. Where available (i.e. zones A1-A30, AE, AH, and 0.2% B1 within the floodplain of the Winooski
River), the base flood elevations and floodway limits (or data from which a community can
designate regulatory floodway limits) provided by the National Flood Insurance Program in
the Flood Insurance Study and accompanying maps shall be used to administer and enforce
the provisions of these regulations.
b. In Zone A of the Floodplain Overlay District where base flood elevations and floodway limits
have not been provided by the National Flood Insurance Program in the Flood Insurance Study
and accompanying maps, it shall be the responsibility of the applicant to develop the base
flood elevation at the site using data available from state or federal agencies or other sources.
(4) Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from flood damages. These regulations shall not create liability on
the part of the City of South Burlington, or any municipal official or employee thereof, for any flood
damages that result from reliance on these regulations, or any administrative decision lawfully made
hereunder.
(5) Precedence of Bylaw. The provisions of this Floodplain Overlay District shall not in any way impair or
remove the necessity of compliance with any other local, state, or federal laws or regulations. Where
these regulations imposes a greater restriction the provisions here shall take precedence.
(6) Exempted Development. The following types of development are exempt from Floodplain Review.
The following types of development may also still be subject to other standards in the South Burlington
Land Development Regulations including Section 12.07:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged. Please be aware
that for damaged structures where FEMA mitigation funds may be used, the damaged
structure may be required to remain in place until funds are granted.
(b) Routine maintenance of existing buildings in the usual course of business required or
undertaken to conserve the original condition, while compensating for normal wear and tear.
(c) Routine maintenance includes actions necessary for retaining or restoring a piece of
equipment, machine, or system to the specified operable condition to achieve its maximum
useful life and does not include expansions or improvements to development.
(d) Interior improvements to existing buildings that cost less than five-hundred (500) dollars.
(e) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does
not include expansions.
(f) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(g) Streambank armoring and stabilization, retaining walls, and abutment work that do not
reduce the cross-sectional flow area of the river or stream channel and have coverage under
a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted
thereunder.
(h) The following activities are exempt from Floodplain Review, but may require a permit under
the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection
Rule, Chapter 29):
i. State-owned and operated institutions and facilities.
ii. Forestry operations and silvicultural (forestry) activities conducted in accordance with
the Vermont Department of Forests and Parks Acceptable Management Practices for
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
24
Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural
practices, as defined by the Commissioner of Forests, Parks and Recreation.
iii. Agricultural activities conducted in accordance with the Vermont Agency of Agriculture
Food and Market’s Required Agricultural Practices (RAPs).
iv. Public utility power generating plants and transmission facilities regulated under 30
V.S.A. § 248.
(i) Telecommunications facilities regulated under 30 V.S.A. § 248a. Planting projects which do not
include any construction or grading activities in accordance with 24 V.S.A. § 4424(c).
E. Floodplain Review Application Requirements
(1) Application Submission Requirements. All applications for Floodplain Review shall include:
(a) Floodplain Development Plan. A Floodplain Development Plan that depicts the proposed
development, property boundaries, all water bodies, all boundaries (Floodplain Overlay
District boundaries – all zones), the shortest horizontal distance from the proposed
development to the top of bank of any river, any existing and proposed drainage, any proposed
fill, pre- and post-development grades, and the elevation of the proposed lowest floor as
referenced to the same vertical datum as the elevation on the current Flood Insurance Rate
Maps; and
(b) Project Review Sheet. A completed Vermont Agency of Natural Resources Project Review
Sheet. The Project Review Sheet shall identify all State and Federal agencies from which
permit approval is required for the proposal, and shall be filed as a required attachment to
the municipal permit application. The identified permits, or letters indicating that such
permits are not required, shall be submitted to the Administrative Officer and attached to the
permit before work can begin.
(2) Supplemental Application Requirements. Some applications may require additional information
based on the location and type of the development. The following information shall be developed and
provided with an application, as required below:
(a) Base Flood Elevation (BFE). BFE information is required for applications that include the
following development located in Zones A, A1-A30, AE, AH, and 0.2% B1 within the floodplain
of the Winooski River:
i. New, substantially improved, or substantially damaged structures;
ii. Projects requiring elevation or dry-floodproofing above BFE;
iii. Additions to existing historic structures; and
iv. Any accessory structure proposed to have building utility systems that will need to be
protected from flood waters through elevation above the BFE.
(b) Floodway Data. The following information is required for development proposed to be located
in the floodway. All floodway data shall be certified by a registered professional engineer. All
submitted proposals shall include electronic input/output files mapping showing cross-section
locations and the following information:
i. Hydraulic calculations demonstrating no rise in BFE or velocity for proposed new or
expanded encroachments within the floodway.
ii. In accordance with 44 C.F.R. § 60.3(c)(10), where BFE data has been provided by
FEMA, but no floodway areas have been designated, the applicant shall provide a
floodway delineation that demonstrates that the proposed development, when
combined with all existing and anticipated future development, will not increase the
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
25
water surface elevation of the base flood by more than one foot at any point within
the community.
(c) Average Grade Level. Information about average grade level is required for development
involving all structures proposed to be located in Zone 0.2% B1 and Zone 0.2% B2.
(d) Erosion Control Projects. For projects involving erosion control measures within the floodplain
on Lake Champlain, the applicant shall submit:
i. Renderings or other additional information relevant and necessary to evaluating the
aesthetic or visual impact of the proposed improvement.
ii. A landscaping plan.
(3) Waivers. Upon written request from the applicant, the Development Review Board may waive specific
application requirements when the data or information is not needed to comply with these
regulations.
F. Floodplain Review - Development Review Process. All applications for development in the Floodplain
Overlay District shall be reviewed according to the following procedures:
(1) Referrals.
(a) NFIP Coordinator. Upon receipt of a complete Floodplain Review application for a substantial
improvement or new construction the Administrative Officer shall forward a copy of the
application and supporting information to the State National Flood Insurance Program
Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. 4424.
A permit may be issued only following receipt of comments from the Agency, or the expiration
of 30 days from the date the application was mailed to the Agency, whichever is sooner. The
Administrative Officer, and/or Development Review Board shall consider all comments from
ANR.
(b) Stream Alteration Engineer. If the applicant is seeking a permit for the alteration or relocation
of a watercourse, copies of the application shall also be submitted to the adjacent
communities, the Stream Alteration Engineer at the Vermont Agency of Natural Resources,
and the Army Corps of Engineers. Copies of such notice shall be provided to the State National
Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources,
Department of Environmental Conservation. A permit may be issued only following receipt of
comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from
the date the application was mailed to the Vermont Agency of Natural Resources, whichever
is sooner.
(2) Review Process.
(a) Administrative Review. Floodplain Review may be completed administratively by the
Administrative Officer for the following types of development in the Floodplain Overlay
District provided that the application is complete and the proposed development can be
approved administratively under all other sections of the South Burlington Land
Development Regulations:
i. Changes from a permitted land use to another permitted land use provided that any
other changes to the site may also be administratively reviewed.
ii. Above grade development, which has not been elevated by the placement of fill, that is
two feet above base flood elevation and documented with field-surveyed topographic
information certified by a registered professional engineer or licensed land surveyor
(Elevation Certificate).
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
26
iii. Open fencing and signs elevated on poles or posts that create minimal resistance to the
movement of floodwater.
iv. Municipal transportation infrastructure improvements designed and constructed by the
Vermont Agency of Transportation that have written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
v. River and floodplain restoration projects, including dam removal, that restore natural
and beneficial floodplain functions and include written confirmation from the ANR
Regional Floodplain Manager that the project is designed to meet or exceed the
applicable standards in these regulations.
vi. Improvements or repairs of damage to structures that do not expand the existing
footprint and do not meet the definition of “substantial improvement” or “substantial
damage.”
vii. Accessory structures less than 500 square feet in size in the Floodplain Overlay District
Zones 0.2% B1.
viii. Building utilities.
ix. Recreational vehicles. See Section 3.08 Temporary Structures and Uses for additional
applicable standards.
(b) Development Review. All development in the Floodplain Overlay District that cannot be
approved through administrative Floodplain Review shall require Floodplain Review by the
Development Review Board.
(3) Permits. A permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain Definitions), in the Floodplain Overlay District. A permit shall only be issued
for development meeting the standards in Section 12.08(G) and the following the review process
outlined in Section 12.08(F) and Article 17.
(a) Within 30 days of receipt of a complete application per Section 12.08(E), including all
application materials and fees, the Administrative Officer shall act to either issue or deny a
permit in writing, or to refer the application to the Development Review Board. If the
Administrative Officer fails to act with regard to a complete application for a permit within
the 30-day period, a permit shall be deemed issued on the 31st day, unless the permit is for
new construction or substantial improvement, in which case a permit shall not be issued until
the Administrative Officer has complied with the requirements of Section 12.08(F)(1)).
(b) No zoning permit shall be issued by the Administrative Officer for any use or structure which
requires the approval of the Development Review Board until such approval has been
obtained. For permit applications that must be referred to a state agency for review, no
permit shall be issued until a response has been received from the State, or the expiration of
30 days following the submission of the application to the State, whichever is sooner.
G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed to
ensure that it complies with the following standards:
(1) Prohibited Development. In addition to any uses not specifically listed in this section, the following
types of development are specifically prohibited in the Floodplain Overlay District:
(a) New principal structures, both residential or non-residential (including the placement of
manufactured homes), except within Zone 0.2% B1 of the Floodway Overlay District;
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
27
(b)New accessory structures except within the Zone 0.2% B1 of the Floodplain Overlay District.
(c)New critical facilities;
(d)Excavation of earth products shall be prohibited in such cases where it is anticipated that such
excavation will lower the level of the water table, interfere with natural flow patterns, or reduce
flood storage capacity;
(e)Storage or junk yards;
(f)New fill except as necessary to elevate structures above the base flood elevation.
(g)Within the floodway: new encroachments, except for minor improvements to existing structures
or relating to bridges, culverts, roads, stabilization projects, public utilities, river and/or
floodplain restoration projects, or health and safety measures. Minor improvements are those
that would not affect base flood elevations, consistent with the provisions of FEMA P-480; Desk
Reference for Local Officials.
(2)Development in the Floodway. Within the floodway, the following standards apply to all
development:
(a)New encroachments are prohibited within the floodway, except for the following, which also
shall comply with subsection (b) below:
i.New encroachments relating to bridges, culverts, roads, stabilization projects, public utilities,
functionally dependent uses, and river or floodplain restoration projects; and
ii.New encroachments relating to health and safety measures, such as replacement of
preexisting on-site septic and water supply systems, if no other practicable alternative is
available.
(b)For all proposed new encroachments and above-grade development, a hydraulic analysis is
required to be provided for review. The analysis should be performed in accordance with standard
engineering practice, by a registered professional engineer, and shall certify that the proposed
development will:
i.Not result in any increase in flood levels during the occurrence of the base flood;
ii.Not increase base flood velocities; and
iii.Not increase any risk to surrounding properties, facilities, or structures from erosion or
flooding.
(c)For development that is either below grade or will not result in any change in grade, the
hydrologic & hydraulic analyses may be waived, where the applicant will provide pre and post-
development elevations demonstrating that there will be no change in grade, and that the
development will be adequately protected from scour.
(d)For any new encroachment that is proposed within the Floodway where a hydraulic analysis is
required, the applicant may provide a FEMA Conditional Letter of Map Revision (CLOMR) in lieu
of a hydraulic analysis, to demonstrate that the proposed activity will not have an adverse impact.
(3)Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
(a)All development shall be reasonably safe from flooding, as determined by compliance with the
specific standards of this subsection.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
28
(b)All development shall be designed (I) to minimize flood damage to the proposed development
and to public facilities and utilities, and (II) to provide adequate drainage to reduce exposure to
flood hazards.
(c)All development shall be (I) designed (or modified) and adequately anchored to prevent flotation,
collapse, or lateral movement of the structure during the occurrence of the base flood, (II) be
constructed with materials resistant to flood damage, (III) be constructed by methods and
practices that minimize flood damage, and (IV) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
(d)Water Supply and Wastewater. New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. On site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(e)Stream Alteration. The flood carrying capacity within any portion of an altered or relocated
watercourse shall be maintained.
(f)Manufactured Homes. Replacement manufactured homes shall be elevated on properly
compacted fill such that the top of the fill (pad) under the entire manufactured home is above
the base flood elevation.
(g)Structures.
i.Residential Structures
a)Residential structures to be substantially improved in Floodplain Overlay District Zones
A, A1-30, AE, and AH shall be located such that the lowest floor is at least two (2) feet
above base flood elevation; this must be documented, in the proposed and as-built
condition, with a FEMA Elevation Certificate.
b)Residential structures to be substantially improved in Floodplain Overlay District 0.2%
Zones B1 & B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall
be located such that the lowest floor is at least two (2) feet above the average grade
level on-site; this must be documented, in the proposed and as-built condition, with a
FEMA Elevation Certificate. Average grade level means the average of the natural or
exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii.Non-residential Structures. Non-residential structures to be substantially improved, and
new non-residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet
the following standards:
a)Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
b)Have the lowest floor, including basement, together with attendant utility and sanitary
facilities be designed so that two (2) feet above the base flood elevation (for structures
in Zones A, A1-30, AE, and AH), or two (2) feet above the average grade level on-site
(for structures in Zones 0.2% B1 and B2), the structure is watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A permit for flood proofing shall not be issued until a licensed professional
engineer or architect has reviewed the structural design, specifications and plans, and
has certified that the design and proposed methods of construction are in accordance
with accepted standards of practice for meeting the provisions of this subsection. An
occupancy permit for the structure shall not be issued until an "as-built" plan has been
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
29
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,
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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
30
(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;
(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.
ARTICLE 12 ENVIRONMENTAL PROTECTION STANDARDS
31
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.
14-1
South Burlington Land Development Regulations
14 SITE PLAN and CONDITIONAL USE REVIEW
…
14.04 Authority for Review of Site Plans
…
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
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.
14-2
South Burlington Land Development Regulations
(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
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.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Date: April 12, 2023
Re: 2023 Appointments to Boards and Committees
The City Council, under its Charter authority in § 13-307, shall convene bodies seen as “in the
best interests of the city” and appoint members to such public bodies. It goes on to say, “(b) In
making any appointment under this section, notice of the position or positions to be filled shall
be published in a newspaper of general circulation within the City, or by electronic means, at
least 15 days prior to the appointment.”
This spring, we have, at a minimum, 37 positions to appoint which means the Council could
have many more people to interview. This will pose a challenge during regular Council
meetings. Historically, the full Council has interviewed all candidates which, at times, can take
up most of the regular meeting capacity in June. Below I outline five options (in no particular
order) for the Council to consider as we enter this appointment period. Please note that
regardless of which option is selected, ultimately the full Council would receive all the
applications and would have to make the specific appointments in open session.
Planning Commission and Development Review Board: Please note, these options relate only
to policy committees. Given the policy and regulatory nature of the Planning Commission and
Development Review Board, I’d recommend the full Council consider interviewing all
candidates for these two bodies. This year this would include interviewing for five open
positions. I estimate that interviews for these positions may take two hours at a June Council
Meeting.
City Council Policy Committees
Option #1: The Committee Chair (assuming they are not up for reappointment or, in that
case, the vice chair or another committee designee), the Council Liaison, and the Staff
Liaison interview all applicants and recommend a slate of candidates to the Council for their
consideration. This could be scheduled as needed between the parties and would not be at
a warned public meeting.
Option #2: The Council set two or more special Council Meetings for Saturdays or evenings
in late May or early June to interview all applicants for positions. With 32 open positions
(not including PC and DRB), averaging 2.5 candidates per position, and 10 minutes per
interview, this is likely to take 13.3 hours of Council time not including deliberation.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
Option #3: Create a 3-person committee (or two committees) of the Council to interview
the candidates for specific committees and make a recommendation of a slate to the full
Council. With two committees of three members each, one Councilor would need to
overlap. The meetings of these three-member committees could either be warned as a
special full Council meeting or as a committee meeting.
•If warned as a full Council meeting, all Councilors could attend but only a quorum (3
Councilors) would have to, and all decisions would require a unanimous vote.
•If warned as a committee meeting, only the three Councilors selected to participate
would attend and two out of the three Councilors would constitute a quorum of the
committee. If warned as a committee meeting, as three Councilors/a quorum of the
Council will likely be in attendance, the committee must take extra precaution to only
discuss those topics before the committee and not any other topics that are or may be
before the Council to avoid open meeting law violations.
The relevant Staff Liaison and Committee Chairs/Vice Chairs would be invited to participate.
Option #4: Create a committee of two Councilors (or multiple Committees of two
Councilors) for the purpose of interviewing candidates for specific committees and
recommending a slate of candidates to the full Council. Meetings of this committee would
be warned as a committee meeting and the interviews would take place in public session.
The relevant Staff Liaison and Committee Chairs/Vice Chairs would be invited to participate.
Option #5: Task two Councilors with interviewing candidates for specific committees and
recommending a slate of candidates to the full Council with all the candidates being
presented to the Council for consideration. With no quorum, these interviews would not be
warned public meetings. The relevant Staff Liaison and Committee Chairs/Vice Chairs
would be invited to participate.
Process: I recommend that each candidate be asked scripted questions with time to ask follow-
up questions. This is a human resources best practice and ensures that all candidates are being
treated equitably. Questions could include:
•Please explain your interest in this specific appointment.
•What do you hope to accomplish with this service?
•Tell us about how you work as part of a group. What skills to do bring to the table?
I also recommend that the Committee Chairs be invited to provide feedback on the needs of
the Committees as Councilors consider applicants.
Finally, I recommend we include on the application form the four draft values/goals from the
Comprehensive Plan development to date. Staff will develop a “scoring matrix” that could
assist the Councilors in making appointments. This could include an alignment of the
candidates’ interests to the draft values in the Comprehensive Plan. This is also an
improvement we would hold on until the 2024 process once the plan is adopted.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
Proposed Timeline
Date Outcome
Late April Advertise vacancies
April – May Collect applications
End of May – mid June Interview candidates and make recommendations
June 19th Council to make all appointments
Week of June 19th Staff to send out welcome and ‘thanks for application’ letters
July Orientation to Committee service – Jessie and Colin
During the year Offer training to Council and all appointees on our goal of being an
equitable and inclusive city
Bylaws
Just as a reminder, the Council adopted “Bylaws for Committees Established by the South
Burlington City Council” are available here.
Note on Planning Commission Appointments
The Planning Commission’s staggering of terms is off kilter and has been for a many years. In
each four-year cycle, there are 2 years with just 1 position open and 2 years (in a row) with 3
positions open. It should be 2 members every year, as with the DRB and Council.
If there is interested in resolving this this year, we could. 2023 and 2024 are years with 3
members up each. The system could be corrected by having 1 of the 2 4-year positions that are
open in 2023 and 2024 be assigned for just 2 years (one time) and then return to their normal 4
year cycles. That would put the PC on track to have one 3-yr and one 4-year position open
every year going forward.
Planning Commission Current and Proposed Appointment Matrix
CURRENT 2023 2024 2025 2026 2027 2028 2029
4 years - 2023 2 years 4 years 4 years
4 years - 2023 4 years 4 years
4 years - 2024 2 years 4 years
3 years - 2025 3 years 3 years
4 years - 2024 4 years 4 years
3 years - 2024 3 years 3 years
3 years - 2023 3 years 3 years 3 years
The yellow highlights would be the (one-time) 2-year appointments to correct the structure so
that going forward there would be one 3-year and one 4-year position open every year.
180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov
Current known open seats
Committee # of Seats Term to Expire
Affordable Housing Committee
3 3 - Year - 2026
1 1 Year Remaining - 2024
Bicycle & Pedestrian Committee
3 3 - Year - 2026
City Charter
1 3 - Year - 2026
Common Area for Dogs
2 3 - Year - 2026
1 1 Year Remaining - 2024
Development Review Board
1 4 - Year - 2027
1 3 - Year - 2026
Economic Development
Committee
1 - 3 Year Seat 1 Year Remain - 2024
Energy Committee
3 3 - Year - 2026
Housing Trust Fund Com.
1 3 - Year - 2026
Library Board:
3 3 - Year - 2026
Natural Resource Committee
3 3 - Year - 2026
1 - 3 Year Seat 1 Year Remaining - 2024
Pension Advisory Committee
1 1 - Year - 2024
Planning Commission
2 4 - Year - 2027
1 3 - Year - 2026
Public Art Committee
2 3 - Year - 2026
1 - 3 Year Seat 1 Year Remaining - 2024
Recreation & Park Committee
3 3 - Year - 2026
Sextons Committee
2 3 - Year - 2026
180 Market St South Burlington, VT 05403 802-846-4105
April 17, 2023
The following 2023 first and third class liquor licenses, outside consumption and caterer permits were approved by the South Burlington Liquor Control Board on April 17, 2023 after review by the City tax, fire and police departments:
NAME DESCRIPTION
Chicken Charlie’s First Class Restaurant/Bar License Dave’s Cosmic Subs First Class Restaurant/Bar License Farmers & Foragers First Class Commercial Caterer
Parkway Diner (contingent upon payment) First & Third Class Restaurant/Bar License & Outside Consumption Permit Pauline’s Café & Restaurant First & Third Class Restaurant/Bar License
SOUTH BURLINGTON LIQUOR CONTROL BOARD
Helen Riehle Meagan Emery
Tim Barritt Tyler Barnes
Andrew Chalnick