HomeMy WebLinkAboutSD-23-08 - Supplemental - 1170 1180 Dorset Street (11)RIVERS EDGE BUILDING DEVELOPMENT, LLC NOTICE OF CONDITIONS OF SUBDIVISION APPROVAL
WHEREAS, the Rivers Edge Building Development, LLC (“Owner”) owns certain real property consisting of 3.645 acres, more or less, known and designated as 1170 & 1180 Dorset Street, located in the City of South Burlington ("City"); and
WHEREAS, Owner obtained approval (#SD-22-___) from the South Burlington
Development Review Board ("DRB") by Findings of Fact and Decision of the DRB approved at a meeting on ________________, for a subdivision of its lands ("Property") as shown on a plat entitled “Subdivision Plat, 1170 & 1180 Dorset Street – So. Burlington, VT, Park Road Commons (AKA Residential Parcel 4)” dated January 25, 2022, last revised ________ and
recorded in Map Slide ________of the City of South Burlington Land Records (the “Subdivision
Plat”); and WHEREAS, the DRB's approval imposes certain conditions on the Property;
NOW THEREFORE, Owner hereby gives notice that the Property is subject to the
following conditions and restrictions which shall run with and be binding upon the Property unless and until modified or removed by the DRB or its successor: 1. The Property shall be developed and used in accordance with the terms and
conditions of the approval of the DRB granted on July 22, 2020.
2. The shared driveways depicted on the Subdivision Plat shall not, at any time, be conveyed to the City, become public property or otherwise become the responsibility of the City. The shared driveways shall remain a common element
to the common interest community proposed in connection with the subdivision
of the Property and all future maintenance, repairs, and replacement of the shared driveways, and any costs associated therewith, shall solely be at the expense of the aforementioned common interest community.
3. There shall be no use of herbicides, pesticides, and/or non-organic fertilizers
within either the wetland or the associated wetland buffers as depicted on the Subdivision Plat. Furthermore, there will be no mowing within fifty (50) feet of the wetlands nor can the wetlands buffer be turned into lawn. Brush hogging within the wetlands buffer area will be allowed no more than three (3) times per year.
4. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including the Land Development Regulations, as they may be amended from time to time, shall be the Owner. The City shall act upon any application submitted by the Owner. It shall be the duty of
the Owner to notify all others having an interest in the Property that may be affected by the application proceedings of the commencement of such proceedings.
5. Any action to enforce any City ordinance or regulation, including the Land Development Regulations, as they may be amended from time to time, against the
Property, or activities or events occurring on the Property, shall be brought against the Owner. It shall be the duty of the Owner to notify all others having an interest in the Property that might be affected by the enforcement proceedings of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be
enforceable at the City's sole discretion against the Owner.
6. This Notice of Conditions shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or an interest in the Property.
7. This Notice of Conditions shall be binding upon the Owner and the Owner's successors and assigns.
Dated this _____ day of ______________, 2023.
____________________________________ Rivers Edge Building Development, LLC