HomeMy WebLinkAboutAgenda - City Council - 06/17/2024CITY COUNCIL MEETING AGENDA
JUNE 17, 2024
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Regular Session 6:30 p.m.
1.Pledge of Allegiance (6:30 p.m.)
2.Instructions on exiting building in case of emergency and review of technology options – Jessie
Baker, City Manager (6:31–6:32 p.m.)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33–6:34 p.m.)
4.Comments and questions from the public not related to the agenda (6:35–6:45 p.m.)
5.Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report
(6:45–6:55 p.m.)
6.Consent Agenda: (6:55–7:00 p.m.)
A.*** Consider and Sign Disbursements
B.*** Approve Minutes from the May 6, 2024 City Council Meeting
C.*** Receive the May Financial Statements
D.*** Approve the FY25 Rental Registry Budget
E.*** Approve Resolution 2024-15 expanding the Sexton’s Committee
F.*** Approve Appointments to the Planning Commission, Charter Committee,
Development Review Board, Library Board of Trustees, Sextons Committee, and Pension
Advisory Committee as presented
G.*** Authorize the City Manager to execute a contract with Krebs & Lansing for design
and construction services related to improvements at Veteran's Memorial Park
7.*** First Reading of an Ordinance: Hold a First Reading of an update to the Sewer and
Stormwater Ordinance and possibly set a Public Hearing for August 5, 2024 at 7:00 PM – David
Wheeler, Water Resources Engineer (7:00–7:45 p.m.)
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
8. *** Discussion: Council discussion of the next steps related to Hubbard Recreation and Natural
Area permanent conservation easement and provide direction or request additional information
from staff – Erica Quallen, Deputy Director of Public Works for Capital Projects, Jared Pellerin,
Deputy City Attorney, Adam Matth, Recreation and Parks Director (7:45–8:15 p.m.)
9. *** Discussion: Continue to review the use of American Rescue Plan Act (ARPA) funds
allocated to date and discuss future possible allocations. Provide direction to staff – Jessie Baker,
City Manager, and Martha Machar, Finance Director (8:15–8:45 p.m.)
10. *** Convene as Liquor Control Commission to consider the following application for approval:
Double Tree by Hilton, Outside Consumption Limited Permit; Delta Hotels by Marriott, Outside
Consumption Permit (8:45–8:50 p.m.)
11. Other Business (8:50–9:00 p.m.)
12. Adjourn (9:00 p.m.)
Respectfully submitted:
Jessie Baker
City Manager
***Attachments included
Note: All times are estimates
PAGE 1
MINUTES
CITY COUNCIL
6 MAY 2024
The South Burlington City Council held a regular meeting on Monday, 6 May
2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting
remote participation.
MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald
ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; P.
Conner, Director of Planning & Zoning; C. McNeil, City Attorney; B. Sirvis, J.
Buechler, C. Wachtabel, R. Doyle, M. Ostby, M. Murray
1. Instructions on exiting building in case of emergency and review of
technology option:
Ms. Baker provided instructions on emergency exit from the building and
reviewed technology options.
2. Additions, deletions or changes in the order of Agenda items:
Members agreed to postpone Agenda Item #9 until the full Council is present.
3. Comments and questions from the public not related to the agenda:
Ms. Wachtabel said that her son was hit by a hit-and-run driver in the crosswalk
by the Middle School. The woman driver stopped briefly, said she was in a hurry,
then took off. Ms. Wachtabel cited the need for a crossing guard at that location.
Mr. Barritt noted that a task force is working on this now as a priority for all 4
schools. Ms. Baker noted this is an ongoing Police investigation.
CITY COUNCIL 6 MAY 2024 PAGE 2
Two member of the public spoke regarding the noise at the pickleball courts,
describing it as “torture” for nearby residents. It is 15 hours a day, 7 days a week.
Neighbors cited studies that the noise, which exceeds international standards for
community noise, is a health issue, creating anxiety and panic attacks. The safe
decibel level is 55, and pickleball has a 70-85 decibel count. The noise can be
heard more than 100 feet away. Residents asked that the courts be converted to
badminton or returned to tennis courts. They also suggested the gates be locked
at 5 p.m. and on Sundays.
Ms. Ostby said if the school budget does not pass on this vote, she will go to the
School Board and ask them not to do another “bandaid.” She is disappointed at
what is happening in the state regarding education funding and questioned what
will happen in the short and long runs. She also asked why no local option tax
money goes to the schools.
Mr. Doyle expressed concern with the procedure for making appointments. He
said a final vote can’t happen in executive session but must be in public with a
reason given for the appointments. He was concerned that people who contribute
to election campaign are being given appointments when there are better
qualified candidates. He said that the most recent Planning Commission
appointments all went to such donors, even though the Commission Chair asked
for younger people with specific professional qualifications. He was also
concerned with the locations where meeting notices are being posted as none of
them are in marginal neighborhoods.
Ms. Baker stated that no vote on appointments was taken in the executive session.
4. Announcements, councilors reports from committee assignments and
City Manager’s Report:
Council members reported on meetings and events they had attended in recent
weeks.
Ms. Baker: At the next Council meeting, there will be a discussion on the use of
data to make policy decisions.
Today was the first day for the new Rental Registry Manager.
Two new Firefighters have replaced two retirees. 15% of the city’s
Firefighters are now women; the national average is 5%.
A full-time Police dispatcher is now on board and that team is full.
CITY COUNCIL 6 MAY 2024 PAGE 3
Three Police candidates will be heading to the Police Academy for
training in August.
Ms. Baker thanked the public for Green-Up Day.
5. Consent Agenda:
a. Approve and Sign Disbursements
b. Approve Minutes from 18 March 2024
c. Approve the following appointments:
i. Helen Riehle appointed to the Planning Commission for a term
to end June 2026
ii. Christopher Carrigan appointed to the Economic Development
Committee for a term to end June 2025
iii. Rebecca Kilian appointed to the Economic Development
Committee for a term to end June 2027
iv. Bettie Barnes appointed to the Public Art Committee for a
term to end June 2027
Mr. Chalnick moved to approve the Consent Agenda. Ms. Fitzgerald seconded.
Ms. Fitzgerald asked about the vehicle purchases in the Disbursements. Chief
Locke said there were 6 vehicles purchased, 3 for public works and 3 patrol cars (2
of which were in the budget and one replaced the vehicle that was destroyed in a
collision). These were age replacements ordered months ago.
Ms. Fitzgerald asked about the tax sale. Ms. Baker explained that the property
owner will have a year to true up and prevent the sale. She explained the process
for a tax sale and noted this property has been in a tax sale situation once before.
Ms. Fitzgerald also asked about the money for the bike/ped bridge and the Airport
Parkway loan. Ms. Baker explained that the majority of funding for the bridge is
from the grant, but there are still other funds involved. The Airport Parkway loan
is the annual 2014 bond payment for the Airport Parkway Wastewater Treatment
Plant.
Ms. Fitzgerald reflected that the committee appointments process was very late.
She suggested that they could have come out of executive session and made the
appointments that night in public session to allow for the new members to fully
participate in committee meetings which were scheduled prior to the next council
meeting. Mr. Barritt said that in the past, there have been twice as many
CITY COUNCIL 6 MAY 2024 PAGE 4
applicants, and they occurred much later. He suggested a separate meeting for
appointments in the summertime process.
In the vote that followed, the motion passed 3-0.
6. Hold the Second Reading and first Public Hearing on an update to the
Sign Ordinance. Take action to approve the Sign Ordinance as
presented or set a second Public Hearing for 3 June 2024 at 7:00 p.m.:
Mr. Chalnick moved to open the public hearing. Ms. Fitzgerald seconded. Motion
passed 3-0.
Mr. Conner advised that staff did not receive any public comments. All public
notices were sent as required.
Mr. Barritt asked for public comment. There was no public comment.
Mr. Chalnick moved to close the public hearing. Ms. Fitzgerald seconded. Motion
passed 3-0.
Mr. Barritt asked about “perpendicular signs.” Mr. Conner explained that these
are signs which stick out from a building. Each building can have one 21 sq. ft.
perpendicular sign. Individual uses within a building can have smaller signs.
Ms. Fitzgerald asked if there is a special sign ordinance for City Center. Mr.
Conner said there is a section of the Sign Ordinance for City Center. He added
that most of the changes to the Ordinance relate to City Center. Ms. Fitzgerald
asked who the Code Officer is. Mr. Conner said Marla Keene is the Code Officer,
and there are 3 Assistant Code Officers.
Ms. Fitzgerald asked about the process for modifying the Ordinance. Mr. Conner
said they consider how the community is changing and also what has been tried
in other communities. He noted there is a period of time allowed during which
the value of a sign can be amortized before it has to become conforming. He also
noted that the time for compliance has been reduced from 7 to 5 years.
Ms. Fitzgerald asked for clarification as to whether the Ordinance affects rec paths,
etc. Mr. Conner said the City is generally exempt from all Ordinances. The City
must have a sign package adopted, which South Burlington has.
CITY COUNCIL 6 MAY 2024 PAGE 5
Mr. Conner noted that animated signs are prohibited, but an educational facility
can have changing messages as long as they don’t change frequently. Ms.
Fitzgerald asked about an electric changing sign near a school. Mr. Conner
suggested a pro-active discussion as there are other parties who have a similar
interest. Mr. Barritt noted that inflatables are also banned. Mr. Conner said the
Ordinance now says that anything that is inflatable is a sign and is prohibited.
Ms. Fitzgerald asked about the penalty fee waiver. Mr. McNeil explained that all
ordinances must have a penalty provision and a “waiver of penalty” provision.
Mr. Chalnick moved to adopt the amended Sign Ordinance as warned pursuant to
24 V.S.A., Chapter 13, Section 107. Ms. Fitzgerald seconded. Motion passed 3-0.
7. Discuss the FY24 annual allocations to Social Services partners and
provide direction to staff on process:
Ms. Baker reviewed the history and asked members if they wanted to go in a
different direction. She also noted that in August, the Council gave an additional
$2000 to each of the agencies as a one-time gift. Mr. Barritt recalled that in 2016
the Council had a dozen applicants and shortened that list but kept the amount of
money the same. Ms. Baker also noted that the money given to Trinity was seed
money for a new organization, money that came from surplus funds. No future
commitment has been made to Trinity Educational though the FY25 budget does
have funding for Trinity.
Ms. Fitzgerald suggested that recipient organization report to the city every few
years on their services to South Burlington residents to give the City.
Mr. Chalnick questioned the “randomness” of funding. Mr. Barritt said it was not
random; the Council asked all applicants what specific services they provide to
South Burlington residents.
Ms. Baker said it is hard to ask partner agencies to put in a lot of administrative
time for very small grants. She recommended that it is close to the end of the
fiscal year to keep the allocation of $15,000 as is or to make small changes. Then
next year discuss allocations from the future larger budget in a five year context
with a reporting requirement for the recipients.
8. Convene as Liquor Control Board to consider the following applications
for approve: Always Full Asian Market, 2nd Class License; Charlie’s on
CITY COUNCIL 6 MAY 2024 PAGE 6
Fire, LLC, 1st Class Restaurant/Bar License; Farmers and Foragers, 1st
Class Commercial Caterer; Hudson CAN, Tobacco license; Trader Joe’s
East, 2nd Class License; Waffle Chalet, 1st Class Restaurant/Bar License:
Mr. Chalnick moved to convene as Liquor Control Board. Ms. Fitzgerald
seconded. Motion passed 3-0.
Mr. Chalnick moved to approve the liquor and tobacco licenses as presented. Ms.
Fitzgerald seconded. Motion passed 3-0.
Mr. Chalnick moved to reconvene as City Council. Ms. Fitzgerald seconded.
Motion passed 3-0.
9. Other Business:
Ms. Fitzgerald noted that H-886 is moving to the State Senate which may change
the city’s proposed Charter change to increase the School Board from 5 to 7
members.
10. Consider Entering Executive Session for the purposes of discussing a
Labor relations agreement between the City and Library Employees, 1
V.S.A. 313(a)(1)(b):
Ms. Fitzgerald moved that the Council make a specific finding that premature
general public knowledge of the Council’s discussion of Labor Relations
Agreements with Employees would clearly place the public body at a substantial
disadvantage. Mr. Chalnick seconded. The motion passed 3-0.
Ms. Fitzgerald then moved that the Council enter Executive Session under 1 V.S.A.
Section 313(a)(1)(B) for the purpose of discussing Labor Relations Agreements
with Employees, inviting into the session Ms. Baker, Chief Locke and Mr. McNeil.
Mr. Chalnick seconded. Motion passed 3-0.
The Council entered Executive Session at 8:00 p.m. and returned to open session
at 8:20 p.m.
Mr. Chalnick moved to approve the negotiated tentative agreement between the
City and the American Federation of State, County, and Municipal Employees on
behalf of the non-supervisory Library Employees as presented and to authorize
CITY COUNCIL 6 MAY 2024 PAGE 7
the City Manager to execute the final agreement. Ms. Fitzgerald seconded. The
motion passed 3-0.
11. Consider entering executive session for the purposes of discussing:
a. 835 Hinesburg Road v. City of South Burlington, 1 V.S.A.313(a)(1)(e)
b. Burton/Higher Ground Vermont Supreme Court Appeal, 1 V.S.A.
313(a)(1)(e):
Ms. Fitzgerald moved that premature general public knowledge of Pending Civil
Litigation to which the City is a party would clearly place this public body at a
substantial disadvantage. Mr. Chalnick seconded. The motion passed 3-0.
Ms. Fitzgerald then moved that the Council enter Executive Session for the
purpose of discussing Pending Civil Litigation to which the City is a Party, inviting
into the session Ms. Baker, Chief Locke and Mr. McNeill. Mr. Chalnick seconded.
The motion passed 3-0.
The Council entered Executive Session at 8:26 p.m. and resumed open session at
8:44 p.m.
As there was no further business to come before the Council Mr. Chalnick
moved to adjourn. Ms. Fitzgerald seconded. Motion passed unanimously. The
meeting was adjourned at 8:45 p.m.
_________________________________
Clerk
City of South Burlington General Ledger
Expenditure Report - GENERAL FUND
Current Year Period 11 May
% Budget Unencumbered FY-23/24 MTD
Account Budget Expenditures Expended Balance Pd 11 May
GENERAL GOVERNMENT EXP.
CITY COUNCIL 63,750.00$ 65,409.48$ 102.60%(1,659.48)$ 345.32$
HR & BENFITS ADMINISTRATI 896,056.52$ 566,759.04$ 63.25%329,297.48$ 75,028.22$
GF INSURANCE 682,365.73$ 778,840.97$ 114.14%(96,475.24)$ -$
CITY MANAGER 523,229.45$ 357,813.77$ 68.39%165,415.68$ 46,304.98$
Total LEGAL 366,115.31$ 342,893.80$ 93.66%23,221.51$ 36,758.88$
ADMINISTRATIVE SERVICES 1,242,115.17$ 978,130.71$ 78.75%263,984.46$ 173,616.42$
INFORMATION TECHNOLOGY 584,994.68$ 611,319.24$ 104.50%(26,324.56)$ 177,166.04$
CITY CLERK 464,169.43$ 440,020.91$ 94.80%24,148.52$ 38,798.93$
PHYSICAL PLANT 875,044.04$ 759,777.75$ 86.83%115,266.29$ 79,060.79$
ASSESSING/TAX/FINANCE 723,874.07$ 1,682,225.47$ 232.39%(958,351.40)$ 110,112.83$
PLANNING/DESIGN REVIEW 918,730.97$ 657,563.37$ 71.57%261,167.60$ 85,311.00$
TO CAPITAL/RESERVE FUNDS 933,200.00$ 933,200.00$ 100.00%-$ -$
Total GENERAL GOVERNMENT EXP.8,273,645.37$ 8,173,954.51$ 98.80%99,690.86$ 822,503.41$
PUBLIC SAFETY
FIRE DEPARTMENT 5,994,396.69$ 4,845,962.10$ 80.84%1,148,434.59$ 521,367.83$
POLICE DEPARTMENT 7,255,230.46$ 6,039,775.47$ 83.25%1,215,454.99$ 771,090.33$
Total PUBLIC SAFETY 13,249,627.15$ 10,884,341.82$ 82.15%2,365,285.33$ 1,292,178.16$
STREETS & HIGHWAYS
HIGHWAY DEPARTMENT 4,575,586.04$ 4,606,433.66$ 100.67%(30,847.62)$ 571,247.75$
Total STREETS & HIGHWAYS 4,575,586.04$ 4,606,433.66$ 100.67%(30,847.62)$ 571,247.75$
CULTURE AND RECREATION
% Budget Unencumbered FY-23/24 MTD
Account Budget Expenditures Expended Balance Pd 11 May
RECREATION ADMINISTRATION 527,613.70$ 393,007.25$ 74.49%134,606.45$ 60,389.91$
RECREATION PROGRAMS 146,000.00$ 138,355.98$ 94.76%7,644.02$ 20,197.47$
RECREATION FACILITIES 175,056.25$ 55,650.87$ 31.79%119,405.38$ 24,058.45$
REC SENIOR PROGRAMS 38,500.00$ 21,183.97$ 55.02%17,316.03$ 5,134.10$
PUBLIC LIBRARY 1,045,028.63$ 905,126.41$ 86.61%139,902.22$ 113,860.41$
PARKS MAINTENANCE 726,434.93$ 515,882.98$ 71.02%210,551.95$ 76,292.46$
Total CULTURE AND RECREATION 2,658,633.51$ 2,029,403.54$ 76.33%629,229.97$ 299,997.39$
OTHER ENTITIES
OTHER OPERATING ENTITIES 937,809.97$ 931,282.02$ 99.30%6,527.95$ 2,000.00$
Total OTHER ENTITIES 937,809.97$ 931,282.02$ 99.30%6,527.95$ 2,000.00$
CURRENT PRINCIPAL BONDS 1,211,203.30$ 1,211,244.59$ 100.00%(41.29)$ -$
CURRENT INTEREST BONDS 233,813.00$ 226,622.29$ 96.92%7,190.71$ -$
Total GENERAL FUND 31,140,318.34$ 28,063,282.43$ 90.12%3,077,035.91$ 2,987,926.71$
City of South Burlington General Ledger
Expenditure Report - ENTERPRISE FUND/W.P.C.
Current Year Period 11 May
% Budget Unencumbered FY-23/24 MTD
Account Budget Expenditures Expended Balance Pd 11 May
W/POLLUTION CONTROL EXPS.
Salaries-Permanent 700,693.02$ 637,493.45$ 90.98%63,199.57$ 75,717.62$
Payment to Highway-wages 278,354.89$ 244,193.89$ 87.73%34,161.00$ -$
Leave Time Turn-In 7,000.00$ -$ 0.00%7,000.00$ -$
Salaries-Overtime 75,000.00$ 78,830.39$ 105.11%(3,830.39)$ 9,146.29$
Payment to Sick Bank Fund 6,677.02$ 6,677.02$ 100.00%-$ -$
Payroll Service 1,692.27$ 1,692.27$ 100.00%-$ -$
PAFO Certification 9,000.00$ 10,165.76$ 112.95%(1,165.76)$ 1,315.32$
Sick Bank Payouts 10,000.00$ -$ 0.00%10,000.00$ -$
Fringe Benefits 9,300.69$ 300.00$ 3.23%9,000.69$ -$
FICA/Medicare 60,794.02$ 56,565.71$ 93.04%4,228.31$ 6,653.88$
Payment to Highway-FICA/M 33,289.64$ 33,289.64$ 100.00%-$ -$
Vision Plan 779.69$ 634.72$ 81.41%144.97$ 55.51$
Disability Insurance 2,139.12$ 2,260.00$ 105.65%(120.88)$ 226.00$
Long Term Disability Insu 4,060.42$ 3,269.80$ 80.53%790.62$ 326.98$
Group Health Insurance 131,970.16$ 120,143.79$ 91.04%11,826.37$ 13,404.29$
Group Life Insurance 2,782.32$ 760.00$ 27.32%2,022.32$ 76.00$
Group Dental Insurance 7,409.53$ 6,107.63$ 82.43%1,301.90$ 606.75$
Pension 94,710.61$ 81,983.63$ 86.56%12,726.98$ -$
ICMA Match 30,067.64$ 21,876.68$ 72.76%8,190.96$ 2,769.53$
Pension Note Payment 39,075.00$ 39,075.00$ 100.00%-$ -$
Office Supplies 2,100.00$ 1,986.75$ 94.61%113.25$ -$
Plant Supplies 125,000.00$ 97,272.31$ 77.82%27,727.69$ 5,104.51$
Polymer 120,000.00$ 111,255.25$ 92.71%8,744.75$ 32,853.13$
Sewer Line Maint/Supplies 27,000.00$ 41,215.78$ 152.65%(14,215.78)$ 320.00$
Pumping Station Supplies 18,000.00$ 16,302.68$ 90.57%1,697.32$ 120.00$
Laboratory Supplies 14,500.00$ 12,087.63$ 83.36%2,412.37$ 291.17$
Caustic Soda and Lime 175,000.00$ 146,666.44$ 83.81%28,333.56$ 9,336.00$
% Budget Unencumbered FY-23/24 MTD
Account Budget Expenditures Expended Balance Pd 11 May
Alum 280,000.00$ 308,341.82$ 110.12%(28,341.82)$ 30,971.27$
Water-Airport-B/B-Pump 1,800.00$ 2,090.53$ 116.14%(290.53)$ 36.21$
Generator Preventive Main 10,000.00$ 6,007.85$ 60.08%3,992.15$ -$
Clothing Supplies 4,250.00$ 3,044.30$ 71.63%1,205.70$ 363.90$
Truck Parts 12,500.00$ 17,564.78$ 140.52%(5,064.78)$ 229.94$
Gas - Diesel Fuel - Oil 13,000.00$ 21,913.20$ 168.56%(8,913.20)$ 4,001.68$
Fuel - Airport Parkway 65,000.00$ 60,941.30$ 93.76%4,058.70$ -$
Fuel - Bartlett Bay 6,500.00$ 6,137.25$ 94.42%362.75$ -$
Telephone and Alarms 6,500.00$ 9,867.46$ 151.81%(3,367.46)$ 723.27$
Memberships/Dues 39,607.80$ 20,357.14$ 51.40%19,250.66$ -$
Discharge Permits 15,000.00$ 3,750.00$ 25.00%11,250.00$ -$
Workers Comp Insurance 18,729.67$ 18,603.52$ 99.33%126.15$ -$
Property Insurance 61,598.06$ 65,790.38$ 106.81%(4,192.32)$ -$
Unemployment Insurance 933.57$ -$ 0.00%933.57$ -$
Safety 5,500.00$ 18,932.59$ 344.23%(13,432.59)$ 1,834.14$
Billing Payment to CWD 73,000.00$ 35,000.00$ 47.95%38,000.00$ -$
Soil/Sludge Management 140,000.00$ 137,172.84$ 97.98%2,827.16$ 10,588.29$
Landfill Fees 1,000.00$ -$ 0.00%1,000.00$ -$
Building Improvements 7,500.00$ 14,218.08$ 189.57%(6,718.08)$ 13,226.19$
Pumps Replacements 55,000.00$ 30,560.25$ 55.56%24,439.75$ -$
Pumps Replacements 43,000.00$ 22,712.75$ 52.82%20,287.25$ 6,522.00$
Marathon Health ctr cost 22,031.39$ 11,015.00$ 50.00%11,016.39$ -$
HVAC Maintenance 38,000.00$ 30,673.40$ 80.72%7,326.60$ 900.83$
Auditing 3,773.86$ 3,773.86$ 100.00%-$ -$
Engineering/Consulting 18,000.00$ 1,146.00$ 6.37%16,854.00$ 630.00$
Landfill Engineering 17,500.00$ 33,920.08$ 193.83%(16,420.08)$ -$
Payment to SW for GIS 12,635.00$ 12,635.00$ 100.00%-$ -$
Administrative Services 145,281.42$ 138,000.00$ 94.99%7,281.42$ -$
Burlington Sewer Lines 2,000.00$ 791.20$ 39.56%1,208.80$ -$
Travel & Training 6,500.00$ 7,750.10$ 119.23%(1,250.10)$ 1,332.51$
Utilities-Pumping Station 105,000.00$ 93,522.90$ 89.07%11,477.10$ 10,245.21$
% Budget Unencumbered FY-23/24 MTD
Account Budget Expenditures Expended Balance Pd 11 May
Utilities--L/Fill Station 900.00$ 4,479.73$ 497.75%(3,579.73)$ 4,479.73$
Electric-Airport Parkway 210,000.00$ 144,113.62$ 68.63%65,886.38$ -$
Electric-Bartlett Bay 150,000.00$ 117,139.91$ 78.09%32,860.09$ -$
Replacement-Vehicles 290,000.00$ 100,356.13$ 34.61%189,643.87$ 45,280.00$
Pump Repairs -$ 21,261.00$ 100.00%(21,261.00)$ -$
PMT to SW for Hadley Loan 73,648.00$ 73,648.00$ 100.00%-$ -$
Bartlett Bay Upgrades 600,000.00$ 210,278.50$ 35.05%389,721.50$ 99,199.00$
Other Capital Projects -$ 44,341.61$ 100.00%(44,341.61)$ 44,341.61$
Capital Projects - CIP 350,000.00$ 14,825.70$ 4.24%335,174.30$ -$
Loan for Hadley Sewer 112,000.00$ 111,786.54$ 99.81%213.46$ -$
Loan for Airport Parkway 970,000.00$ 969,731.15$ 99.97%268.85$ 969,731.15$
Total ENTERPRISE FUND/W.P.C.5,974,084.81$ 4,720,301.69$ 79.01%1,253,783.12$ 1,402,959.91$
City of South Burlington General Ledger
Expenditure Report - STORM WATER UTILITIES
Current Year Period 11 May
% Budget Unencumbered FY-23/24 MTD
Account Budget Expenditures Expended Balance Pd 11 May
S/WATER UTILITIES EXPS
Salaries-Permanent 458,034.55$ 472,242.42$ 103.10%(14,207.87)$ 57,824.59$
Payment to Highway-Wages 78,215.00$ 78,215.00$ 100.00%-$ -$
Salaries-Overtime 23,000.00$ 23,562.73$ 102.45%(562.73)$ 426.02$
Payment to Sick Bank Fund 5,900.62$ 5,900.62$ 100.00%-$ -$
Payroll Service 1,480.75$ 1,480.75$ 100.00%-$ -$
Fringe Benefits 6,387.00$ 424.00$ 6.64%5,963.00$ -$
FICA/Medicare 36,799.14$ 39,192.14$ 106.50%(2,393.00)$ 4,597.17$
Vision Plan 631.39$ 344.33$ 54.54%287.06$ 28.72$
Disability Income Insuran 4,574.64$ 4,836.03$ 105.71%(261.39)$ 483.60$
Group Health Insurance 113,897.30$ 105,080.99$ 92.26%8,816.31$ 11,110.08$
Health Insurance FICA 459.00$ -$ 0.00%459.00$ -$
Group Life Insurance 1,906.98$ 665.00$ 34.87%1,241.98$ 66.50$
Group Dental Insurance 5,718.61$ 5,740.60$ 100.38%(21.99)$ 574.06$
Pension 88,872.21$ 263,545.99$ 296.54%(174,673.78)$ -$
ICMA Match 23,002.64$ 26,818.61$ 116.59%(3,815.97)$ 3,441.41$
Pension Note Payment 26,910.00$ 26,910.00$ 100.00%-$ -$
Office Supplies 1,500.00$ 2,935.81$ 195.72%(1,435.81)$ 66.49$
Small Equipment/Tools 3,000.00$ 8,189.50$ 272.98%(5,189.50)$ 1,302.42$
Uniforms/Supplies 6,500.00$ 5,131.20$ 78.94%1,368.80$ -$
Gasoline 2,500.00$ 3,128.25$ 125.13%(628.25)$ 502.16$
Oil 275.00$ 445.40$ 161.96%(170.40)$ -$
Diesel Fuel 7,500.00$ 11,470.29$ 152.94%(3,970.29)$ 981.44$
Permit Requirement-Educat 7,000.00$ 7,287.76$ 104.11%(287.76)$ -$
Telephone 2,000.00$ 1,914.93$ 95.75%85.07$ 73.96$
Membership/Dues 600.00$ 556.00$ 92.67%44.00$ -$
Discharge Permits Renewal 24,000.00$ 18,944.00$ 78.93%5,056.00$ 1,768.00$
Workers Comp Insurance 16,551.80$ 16,440.31$ 99.33%111.49$ -$
% Budget Unencumbered FY-23/24 MTD
Account Budget Expenditures Expended Balance Pd 11 May
Property Insurance 14,245.09$ 15,214.82$ 106.81%(969.73)$ -$
Unemployment Insurance 933.57$ -$ 0.00%933.57$ -$
GIS-Fees/Software 75,000.00$ 12,374.06$ 16.50%62,625.94$ -$
Sediment & Depris Disposa 200.00$ 185.00$ 92.50%15.00$ 185.00$
Water Quality Monitoring 15,000.00$ 15,980.96$ 106.54%(980.96)$ 1,220.02$
Building/Grounds Maint 200.00$ -$ 0.00%200.00$ -$
Reimb Highway Benefit 33,289.64$ 33,289.64$ 100.00%-$ -$
Marathon Health ctr cost 25,178.73$ 12,589.89$ 50.00%12,588.84$ -$
Vehicle Maintenance 15,000.00$ 22,687.57$ 151.25%(7,687.57)$ 2,138.18$
Storm System Maint Materi 100,000.00$ 16,511.69$ 16.51%83,488.31$ 3,333.59$
Printing 100.00$ -$ 0.00%100.00$ -$
Legal Services 20,000.00$ 120.00$ 0.60%19,880.00$ -$
To GF-Audit and Actuary 4,287.21$ 4,287.21$ 100.00%-$ -$
Engineering-Watershed 35,000.00$ 463.00$ 1.32%34,537.00$ 463.00$
Billing Payment CWD 73,000.00$ 35,000.00$ 47.95%38,000.00$ -$
Office Furniture/Equipmen 1,000.00$ -$ 0.00%1,000.00$ -$
Office Equipment Maintena 2,500.00$ 39.12$ 1.56%2,460.88$ -$
Equipment Rental 250.00$ -$ 0.00%250.00$ -$
Administrative Services 66,746.24$ 66,746.24$ 100.00%-$ -$
Conference/Training Expen 8,000.00$ 4,570.35$ 57.13%3,429.65$ -$
S/W Bldg Utilities 3,500.00$ 3,511.39$ 100.33%(11.39)$ -$
Stormwater Pumps Electric 300.00$ 245.14$ 81.71%54.86$ 24.57$
Flow Restoration Plan Ana 5,000.00$ -$ 0.00%5,000.00$ -$
Vehicles/Equipment 745,000.00$ 275,144.25$ 36.93%469,855.75$ 7,854.98$
Stormwater Capital Projec 2,005,000.00$ 442,067.46$ 22.05%1,562,932.54$ 20,069.80$
Office Furniture/Equipmen -$ 618.94$ 100.00%(618.94)$ -$
Total STORM WATER UTILITIES 4,195,947.11$ 2,093,049.39$ 49.88%2,102,897.72$ 118,535.76$
City of South Burlington General Ledger
Revenue Report - GENERAL FUND
Current Year Period 11 May
Estimated Received % Budget Uncollected FY-23/24 MTD
Account Revenue To Date Received Balance Pd 11 May
TAX REVENUE
TAX REVENUE 19,604,298.92$ (19,427,186.58)$ 99.10%177,112.34$ 23.73$
LOCAL OPTION TAXES 4,850,000.00$ (4,298,335.25)$ 88.63%551,664.75$ (1,120,373.03)$
Total TAX REVENUE 24,454,298.92$ (23,725,521.83)$ 97.02%728,777.09$ (1,120,349.30)$
INTEREST/PENALTY ON TAX 423,500.00$ (374,490.65)$ 88.43%49,009.35$ (126,424.33)$
Other Health Services 267,346.40$ (79,634.82)$ 29.79%187,711.58$ (2,365.00)$
CITY MANAGER 1,842,326.56$ (1,703,402.51)$ 92.46%138,924.05$ (229,847.38)$
CITY CLERK 351,000.00$ (234,831.64)$ 66.90%116,168.36$ (30,375.70)$
PLANNING 561,100.00$ (388,353.68)$ 69.21%172,746.32$ (20,703.08)$
FIRE DEPARTMENT 799,000.00$ (804,620.08)$ 100.70%(5,620.08)$ (6,202.00)$
AMBULANCE 990,000.00$ (1,082,947.58)$ 109.39%(92,947.58)$ (202,271.10)$
POLICE DEPARTMENT 277,150.00$ (143,070.09)$ 51.62%134,079.91$ (72,848.93)$
HIGHWAY DEPARTMENT 1,014,896.45$ (1,805,791.76)$ 177.93%(790,895.31)$ (26,663.54)$
Senior Programs 26,650.00$ (30,496.00)$ 114.43%(3,846.00)$ (977.00)$
SPECIAL ACTIVITIES 125,000.00$ (155,384.05)$ 124.31%(30,384.05)$ (8,003.00)$
PUBLIC LIBRARY 8,050.00$ (19,565.64)$ 243.05%(11,515.64)$ (2,552.98)$
Total GENERAL FUND 31,140,318.33$ (30,548,110.33)$ 98.10%592,208.00$ (1,849,583.34)$
City of South Burlington General Ledger
Revenue Report - ENTERPRISE FUND/W.P.C.
Current Year Period 11 May
Estimated Received % Budget Uncollected FY-23/24 MTD
Account Revenue To Date Received Balance Pd 11 May
OPERATING TRANSFERS IN
Grant-FEMA Reimbursement -$ (44,341.61)$ 100.00%(44,341.61)$ (44,341.61)$
CHARGES FOR SERVICES
W.P.C. User Fees 4,113,150.00$ (3,504,044.01)$ 85.19%609,105.99$ (337,978.54)$
Sewer Septage Revenue 23,000.00$ (23,336.00)$ 101.46%(336.00)$ (1,026.00)$
Connection Fees 582,800.00$ (736,676.91)$ 126.40%(153,876.91)$ (30,808.71)$
Enviromental Impact -$ (12,325.00)$ 100.00%(12,325.00)$ -$
Total CHARGES FOR SERVICES 4,718,950.00$ (4,276,381.92)$ 90.62%442,568.08$ (369,813.25)$
BOND AND LOAN PROCEEDS
Colchester A/P Pkwy Pmt 742,310.00$ (742,310.00)$ 100.00%-$ -$
Total BOND AND LOAN PROCEEDS 742,310.00$ (742,310.00)$ 100.00%-$ -$
MISCELLANEOUS
Miscellaneous Rev.-W.P.C 10,000.00$ (28,174.03)$ 281.74%(18,174.03)$ -$
Reserve Fund Transfer i 502,824.79$ -$ 0.00%502,824.79$ -$
Total MISCELLANEOUS 512,824.79$ (28,174.03)$ 5.49%484,650.76$ -$
Total ENTERPRISE FUND/W.P.C.5,974,084.79$ (5,091,207.56)$ 85.22%882,877.23$ (414,154.86)$
City of South Burlington General Ledger
Revenue Report - STORM WATER UTILITIES
Current Year Period 11 May
Estimated Received % Budget Uncollected FY-23/24 MTD
Account Revenue To Date Received Balance Pd 11 May
S/WATER UTILITIES REVENUE
Intergovernmental Revenue 1,189,000.00$ (231,658.38)$ 19.48%957,341.62$ 24,172.32$
S/W User Fees - Water Bil 2,779,678.00$ (2,116,575.50)$ 76.14%663,102.50$ (272,518.30)$
GIS Reimb From Other Fund 50,543.00$ (37,905.00)$ 75.00%12,638.00$ -$
Pmts from other towns 40,000.00$ (4,320.98)$ 10.80%35,679.02$ -$
Land Owner Payments -$ (59,019.80)$ 100.00%(59,019.80)$ -$
Stormwater Miscellaneous 30,000.00$ (4,639.17)$ 15.46%25,360.83$ -$
Hadley Sewer Proj-Sewer f 73,000.00$ (73,648.00)$ 100.89%(648.00)$ -$
Reserve Transfer In 33,726.10$ -$ 0.00%33,726.10$ -$
Total S/WATER UTILITIES REVENUE 4,195,947.10$ (2,527,766.83)$ 60.24%1,668,180.27$ (248,345.98)$
RENTAL REGISTRY
Account Description FY25 Budget
REVENUES
RENTAL REGISTRY INCOME
235-11-6000-05.01 Grant Revenue -$
235-11-6000-06.01 Rental Registry Fees 365,000$
235-11-6000-06.02 Code-Compliance Reserve 10,000$
Total Revenue 375,000$
EXPENDITURES
RENTAL REGISTRY EXPENSES
235-11-6000-10.01 Salaries - Permanent 181,105$
235-11-6000-10.02 Salaries - Other 20,000$
235-11-6000-10.03 Overtime 1,500$
235-11-6000-12.00 F.I.C.A./Medicare 14,500$
235-11-6000-14.00 Vision Plan 310$
235-11-6000-15.00 Disability Insurance 1,655$
235-11-6000-16.00 Group Health Insurance 48,000$
235-11-6000-17.00 Group Life Insurance 630$
235-11-6000-18.00 Group Dental Insurance 1,800$
235-11-6000-19.00 Pension 26,600$
235-11-6000-20.00 Office Supplies 2,500$
235-11-6000-21.42 Training Supplies-Books 4,000$
235-11-6000-24.00 Uniforms 1,000$
235-11-6000-25.00 Vehicle Repair/Maintenan 5,000$
235-11-6000-26.00 Fuel/Mileage 5,000$
235-11-6000-29.00 Miscellaneous -$
235-11-6000-38.00 Telephone/Internet 2,400$
235-11-6000-40.00 Dues & Subscriptions 1,500$
235-11-6000-54.00 Scholarships 10,000$
235-11-6000-65.68 Consulting/Engineering -$
235-11-6000-66.72 Contracted Services 7,500$
235-11-6000-66.75 Furnishings 8,000$
235-11-6000-70.00 Travel/Training 5,000$
235-11-6000-80.00 Vehicles 27,000$
235-11-6000-81.00 CIP -$
235-11-6000-99.00 Transfer Out -$
Total Expenses 375,000$
2024-15
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV
MEMORANDUM
To: South Burlington City Council
From: Dave Wheeler, Water Resources Engineer
Marisa Rorabaugh, Stormwater Superintendent
CC: Jessie Baker, City Manager
Tom DiPietro, Director of Public Works
Paul Conner, Director of Planning
Date: June 11, 2024
Re: Update to the South Burlington Sanitary Sewer & Stormwater Ordinance
The South Burlington Department of Public Works, Department of Planning and Zoning, and
Legal Department have prepared an update to the City’s Sanitary Sewer & Stormwater
Ordinance. The City’s Sanitary Sewer & Stormwater ordinance deϐines how our wastewater
and stormwater utilities are operated and managed. Revisions proposed in the attached draft
include:
Updates to improve clarity and modernize the deϐinitions, language, and formatting
used throughout the document, as well as splitting sanitary sewer and stormwater
into two different articles within the utilities chapter of the City Code.
Deϐining the City’s sewer service area and other updates related to requirements in
the recently passed Act 47.
Updated technical standards to reference DPW Standards and establish
requirements for pump stations.
Updates to language pertaining to sewer allocation and fee rates and structures.
Updates to the stormwater fee calculation process to align with recently amended
Act 24 Chapter 101.
Deletion of the Credit Manual for Stormwater Fees from the code; to be brought back
before you as a resolution.
Deϐining the geography of the City Center Sewer Service Area to match that of the
Water Ordinance
The process for updating a City ordinance is deϐined in the City’s charter. The ϐirst step in the
process is a ϐirst reading of the ordinance. Tonight’s meeting 6/17 will serve this purpose.
Subsequent to the ϐirst reading, the City must hold a second reading and public hearing on
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV
the ordinance. This will be scheduled at a future council meeting (proposed date August 5th
2024). During this time the draft ordinance will be posted for viewing and notice published.
Staff recommends that Council review the draft, provide any feedback and direction
to staff, and if applicable make a motion to move to a second reading and public
hearing on the ordinance.
Proposed MoƟon:
OpƟon #1 – If the Council wishes to move the proposed amendments to a second reading and public
hearing:
“Move to pass the proposed amendments to the South Burlington Sanitary Sewer and Stormwater
Ordinance at first reading and warn said amendments for second reading and public hearing on
August 5, 2024 at 7:00 p.m.”
OpƟon #2 – If the Council wishes to engage in further discussion and consideraƟon of the proposed
amendments prior to seƫng a public hearing take either one of the following acƟons:
a. No moƟon / acƟon required; or
b. If the date the Council wishes these amendments be considered again is known: “I move to
table discussion and any further acƟon to a Ɵme and date certain of: XXXX, 2024 at XX Ɵme.”
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 1 of 26
ARTICLE IV. SANITARY SEWER AND STORMWATER SYSTEMS1
DIVISION 1. GENERALLY
Sec. 38-320. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Abandoned as defined by the City's Land Development Regulations.
Affordable housing means as defined by the City's Land Development Regulations. either of the following:
(1) Housing that is owned by its inhabitants, whose gross annual household income does not exceed 80
percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined
by the United States Department of Housing and Urban Development, and the total annual cost of the housing,
including principal, interest, taxes and insurance, is not more than 30 percent of the household's gross annual
income; or
(2) Housing that is rented by its inhabitants whose gross annual household income does not exceed 80
percent of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined
by the United States Department of Housing and Urban Development, and the total annual cost of the housing,
including rent, utilities, and condominium association fees, is not more than 30 percent of the household's gross
annual income.
Allocation fee means a fee imposed on applicants for capacity allocation, specified in dollars per gallon, as
established by the city council.
Authorized person means the city manager, director of public works, deputy director of environmental
serviceswater resources engineer, stormwater superintendent, water quality wastewater superintendent and such
other persons as they specifically appoint or authorize to perform duties for the stormwater division or water
quality wastewater division.
Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to the stormwater
system or waters of the state or the United States. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedure in five days at 20 degrees Celsius expressed in milligrams per
liter.
1Charter reference(s)—Authority to purchase property for providing sanitary sewer service, § 13-103.
State law reference(s)—Water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage system, 24 V.S.A. § 32501 et
seq.; sewage disposal system, 24 V.S.A. § 3601 et seq.; on-site sewage system, 24 V.S.A. § 3631 et seq.;
uniform water and sewer disconnect, 24 V.S.A. § 5141 et seq.
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 2 of 26
Building drain means that part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building
sewer. The building drain extends five feet beyond the outer face of the building wall.
Building sewer means that part of the sewage system which receives the sewage from the building drain and
conveys it to the nearest end of the house connection unless a house connection is not available, whereby the
building sewer shall be extended to the nearest available "Y" branch on the main sanitary sewer.
City Center sewer service area means that area of the city shown in section 38-322.
City Center uncommitted reserve capacity shall be established as 150,000 gallons per day upon the adoption
of the ordinance from which this article is derived, which amount shall be reduced from time to time upon the
granting of final allocations for development within the City Center sewer service area.
City manager means the city manager, or his their authorized deputy, agent, or representative.
Combined sewer means a sewer receiving both stormwater runoff and sewage.
Committed reserve capacity means the total amount of development wastewater flow (gallons per day) from
all projects/buildings for which final allocations have been granted but are not yet discharging to the sewer.
Connection fee means a one-time fee imposed on applicants to connect to the municipal sewer system.
Construction activity means activities, including, but not limited to, clearing and grubbing, grading,
excavating, and demolition.
Credit means an ongoing reduction in the stormwater user fee for certain identified and approved qualifying
and ongoing private actions or activities that reduces the potential impact of increased stormwater discharges that
result from development of a property.
Department of public works wastewater division means that city department division responsible for
construction, operation and maintenance of the sewage works.
Developed property means any property that is altered from a natural state by construction or installation of
more than 500 square feet of impervious surface.
Developer means any individual, corporation, association, or other organization engaged in land
development or building construction.
Development wastewater flow means the flow resulting from full use of the development at its peak
capacity, which flow shall be calculated using flow quantities, adopted as rules by the state department of
environmental conservation, as promulgated at the time a connection permit application is made.
Discharge permit means a permit issued by the state department of environmental conservation pursuant to
authority granted in 10 V.S.A. ch. 47, or the U.S. Environmental Protection Agency pursuant to 33 USC 1251 et seq.
Exclusively residential means land development in the city comprised of properties containing solely
residential uses and permitted accessory uses, such as single-family, two-family and multi-family dwelling units.
Land development with commercial, industrial or other nonresidential uses is excluded.
Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of produce.
Hazardous material means any material, including any substance, waste, or combination thereof, which,
because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 3 of 26
House connection means that part of the sewage system that runs from the main sanitary sewer to the
property line and includes all necessary fittings.
Illicit discharge means any direct or indirect non-stormwater discharge to the stormwater sewer system.
that is not expressly authorized by this ordinance.
Impervious surface means those man-made surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, and awnings and other
permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates.
Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
Industrial wastes means the liquid wastes from an industrial manufacturing process, trade, or business. The
term "industrial wastes" does not include sanitary sewage.
Main sanitary sewer means the sewers laid longitudinally along the centerline or other part of the streets or
other rights-of-way and to which all owners or abutting properties have equal rights and which is controlled by
public authority.
MS4 permit means the state agency of natural resources' general permit 3-9014, as amended or reissued,
pursuant to which the city obtained coverage for stormwater discharges from its municipal separate storm sewer
system.
National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit
issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or
groundwater.
Non-single-family residence (NSFR) means all types of developed property in the city except single-family
residences.
Non-stormwater discharge means any discharge to the stormwater system that is not composed entirely of
stormwater or such other waters or materials as are specifically authorized herein. The term "non-stormwater
discharge" includes placing or depositing any hazardous material or pollutant in the stormwater system.
On-site sewage treatment and disposal system means a septic tank and leaching field system utilizing natural
soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater and surface
water from contamination.
Permitted wastewater flow means the maximum plant wastewater flow authorized in the discharge permit
on an annual average (365-day average) basis, or on the high seasonal use period as defined in the discharge
permit.
Plant wastewater flow means the wastewater passing through the treatment plant in gallons per day on an
annual average basis (365-day average) except where flows vary significantly from seasonal development. In the
latter case, plant wastewater flow is determined as the average throughout the high seasonal use period, as
determined by the board.
Plants means municipal sewage treatment plants owned by the city.
Pollutant means any introduced substance which causes or contributes to pollution. Pollutants may include,
but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 4 of 26
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; heat; rock, sand, cellar dirt, dredged spoil; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Private sewage system or facilities means all facilities for collecting, pumping, treating, and disposing of
sewage that is not under the control of nor operated by the city.
Public sewage system or facilities means all facilities for collecting/pumping, treating and disposing of
sewage that are controlled and operated by the city.
Public stormwater system means all elements of the stormwater system located in the city that are
controlled and operated by the city or that carry water that drains from any public property, including street
rights-of-way.
Regulated private system means those stormwater systems located on privately owned property in the city
that are subject to or required to obtain a permit for stormwater discharges under federal or state law, which
permits routinely require installation and maintenance of stormwater management or treatment improvements.
Reserve capacity means the permitted wastewater flow minus the actual plant wastewater flow during the
preceding 12 months.
Sanitary sewer means a sewer which carries sewage and to which storm, surface, and groundwaters are not
intentionally admitted.
Sewage or wastewater means a combination of the water-carried wastes from residences, business
buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may
be present.
Sewage and stormwater commissioners (or commissioners or boardboard of commissioners) means members
of the city council acting as a board of sewage and stormwater commissioners under 24 V.S.A. § 36143602.
Sewage treatment plant means any arrangement of devices and structures used for treating sewage.
Sewer means a pipe, culvert, ditch, swale or other conduit for carrying sewage or stormwater.
Sewer service area means that area of the city that is within 200 feet horizontally from existing municipal
collection lines and manholes, excluding the City Center sewer service area, as shown on the sewer service area
Map, dated January 3, 2001, located in Map 5, Public Utilities No. 2, of the city comprehensive plan. The sewer
service area may be altered by adoption of an amendment to this article. If there is any conflict between the sewer
service area shown on the above-referenced map and the City Center sewer service area, as defined herein, the
area included within the City Center sewer service area shall control. means the area served by or planned to be
served by the publicly owned sewer system, as shown on the sewer service area map, located in Appendix A of this
ordinance.
Sewers means the sewage collection and transmission system owned by the city.
Single-family residence (SFR) means detached single-family homes, duplexes, and triplexes.
Slug means any discharge of water, sewage, or industrial waste which, in concentration of any given
constituent or in quantity of flow, exceeds for any period of duration longer than 15 minutes more than five times
the average 24-hour concentration or flows during normal operation.
Storm drain means a sewer intended to carry only stormwater and surface waters.
Stormwater means excess water from rainfall and snow melt that does not evaporate or penetrate into the
ground, which flows overland and is collected and transported to waters of the state or the United States by the
PART II - CODE OF ORDINANCES
Chapter 38 UTILITIES
South Burlington, Vermont, Code of Ordinances Created: 2023-12-13 12:18:49 [EST]
Page 5 of 26
stormwater system, together with any material that becomes dissolved or suspended in such water during its
overland flow before entering the stormwater system.
Stormwater appeal board means the city manager, public works director, and a third person appointed by
the city council.
Stormwater discharge means any stormwater that is transported, naturally or otherwise, from a developed
property to the public stormwater system or to a watercourse.
Stormwater services division means that city division within the department of public works responsible for
construction, operation and maintenance of the public stormwater system.
Stormwater superintendent means that employee of the city who shall be designated from time to time by
the city manager to oversee the stormwater services division.
Stormwater system means natural and man-made drainage structures, conveyances, storm drains,
catchbasins, and any other appurtenant device or structure where stormwater is collected, transported, pumped,
treated, or disposed of.
Stormwater upgrade feasibility analysis (SUFA) means those standards and procedures, as adopted and
amended by city council, defining the processes of engineering feasibility analysis for upgrade, repair and
maintenance of stormwater systems in the city, which shall be incorporated by reference herein.
Subdivision as defined by the City's Land Development Regulations. means a tract of land, owned or
controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into
two or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court-ordered partition
or filing of a plot plan on the town records where the act of division creates one or more parcels of land of less
than ten acres in area, but excluding leases subject to the provisions of 10 V.S.A. ch. 153, relating to mobile homes.
Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the
town records, whichever shall first occur; or the commencement of building development with intent to subdivide,
such that the building development will be located upon a parcel of land less than ten acres in size.
Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage, or
other liquids, and which are removable by laboratory filtering or use of BMPs.
Uncommitted reserve capacity means that portion of the reserve capacity remaining after subtracting the
development wastewater flow of all projects for which a final allocation has been granted, but are not yet
discharging to the sewer, and any capacity reserved by the city council for allocation to development in the City
Center sewer service area.
VSMM means the Vermont Stormwater Management Manual, as amended from time to time by the state
agency of natural resources, which shall be incorporated by reference herein.
Wastewater Water quality superintendent means that employee of the city who shall be designated from
time to time by the city manager to oversee the department of public works wastewater water quality division.
Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. of 3-21-2005, art. I, § 1, art. III, § 2; Ord. of 10-17-2016(1), § 1.1; Ord. of 12-5-2022, § 1.1)
Sec. 38-321. Abbreviations.
For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under
this section. References to standards of the following organizations shall refer to the latest edition of it.
ASTM means American Society for Testing and Materials.
mg/L means milligrams per liter.
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pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
ppm means parts per million.
WPCF means Water Pollution Control Federation.
(Ord. of 3-21-2005, art. I, § 2; Ord. of 10-17-2016(1), § 1.2; Ord. of 12-5-2022, § 1.2)
Sec. 38-322. Method for infiltration testing.
The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer,
site designer licensed in the state, a qualified soil scientist, a qualified geologist, a qualified
hydrogeologist, or other person approved in advance by the stormwater superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-saturated"
conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining
Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed stormwater treatment practice (STP)
locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed
STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived
value.
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they
overestimate saturated hydraulic conductivity values. Acceptable tests include:
a. Guelph permeameter - ASTM D5126-90 Method.
b. Falling head permeameter - ASTM D5126-90 Method.
c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods.
d. Amoozemeter or Amoozegar permeameter - Amoozegar 1992.
(6) The following information must be documented for any infiltration testing:
a. Date and time of testing.
b. Name and qualifications of the person conducting the testing.
c. Location of infiltration testing.
d. Method utilized during testing.
e. Results of infiltration testing in inches/hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based on
redoximorphic features.
(8) Verify depth to bedrock (if within four feet of proposed STP bottom) via test pits or solid auger probes.
(Ord. of 10-5-2015(2), app. A; Ord. of 10-17-2016(2), app. A)
Sec. 38-323. Submission standards.
The following information must be included with a submission:
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(1) Complete application form.
(2) A brief written narrative describing the proposed stormwater treatment practice (STP) and how it
meets the SUFA standard. This includes a description of how the proposed STP matches or differs from
what is indicated in any approved flow restoration plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to
the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
a. Location, type, and size of all impervious surfaces.
b. Location, type, size, elevations, and specifications for all proposed STPs.
c. Stormwater collection and conveyance systems including swales, culverts, and piping.
d. Length, diameter, and material for all piping and culverts.
e. Topographic survey and natural resource delineations.
f. Soil type and/or hydrologic soil group.
g. The location and results of any infiltration testing conducted.
h. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm events
indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized
shall be in accordance with the best practices utilized by the state stormwater management section
and described in the VSMM.
a. The water quality volume (WQv) storm event as described in the VSMM.
b. The one year, 24-hour rainfall event as described in the VSMM.
c. The 25-year, 24-hour rainfall event (currently 4.0 inches) as described in the most recent version
of the city's land development regulations.
(7) Applications submitted under the combined method must include a stormwater mitigation fee
calculation. The site plan, listed under subsection (5) of this section, must indicate the portion of
impervious area (IA) being utilized in the stormwater mitigation fee calculation.
(Ord. of 10-5-2015(2), app. B; Ord. of 10-17-2016(2), app. B; Ord. of 7-6-2021, app. B)
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Secs. 38-3242—38-335. Reserved.
DIVISION 2. SANITARY SEWER SYSTEM
Subdivision I. In General
Secs. 38-336—38-350. Reserved.
Subdivision II. Sanitary Disposal Systems
Sec. 38-351. Use of public sanitary sewer system required.
(a) It shall be unlawful for any person to place, deposit, or permit to be deposited on public or private property
within the city, or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or
other objectionable waste.
(b) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of
said city, any sewage or other polluted waters, except where suitable treatment has been provided in
accordance with the provisions of this article.
(c) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic
tank, cesspool, leach field or other facility intended or used for the disposal of sewage.
(d) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or
other purposes, situated within the sewer service areacity and abutting on any street, alley, or right-of-way
in which there is located a public sanitary or combined sewer of the city, are hereby required at their
expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper
public sewer in accordance with the provisions of this article, within 180 days after date of official notice to
do so, unless specifically exempted from this provision by the city council, upon recommendation by the
director or their designee.
(e) Properties currently served by a private sewage disposal system may continue to operate the system until it
fails. Upon failure of the private system, the property owner is required to connect to the public sanitary
sewer system in as required in section 38-351(d).
(f) Property owners within the sewer service area may be allowed to connect to an adjacent municipal sewer
system at the discretion of the superintendent.
(g) Connections to and extensions of the public sewer system proposed to serve development located outside
the sewer service area are prohibited.
(h) Changes to Sewer Service Area within the City of South Burlington to match approved changes to habitat
block and habitat connectors under the Land Development Regulations. The City Council, may by resolution
approve a change to the boundaries of the sewer service area, subject to the following limitations:
a. Such change may only take place upon request by a property owner that has received final approval for
a habitat block and habitat connector modification under the South Burlington Land Development
Regulations.
b. The change must exactly match the geography of the approved habitat block and habitat connector
modification.
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c. Upon approval by the City Council, the Sewer Service Area shall be modified as follows: areas approved
under the Land Development Regulations be removed from the habitat block and connector shall be
added to the sewer service area and areas approved under the Land Development Regulations to be
added to the habitat block and habitat connector shall be removed from the sewer service area.
(i) All other changes to Sewer Service Area within the City of South Burlington. Any change to the sewer service
area within the City of South Burlington, except those approved under Section 38-351.h, shall require
amendment of this Ordinance
(j) The wastewater division shall review plans of all proposed wastewater system construction to ensure
compliance with department approved specifications. Any materials and equipment used will meet the most
recent version of the “City of South Burlington Department of Public Works Standards and Specifications”,
henceforth the DPW Standards.
(Ord. of 3-21-2005, art. II, § 1; Ord. of 10-17-2016(1), § 2.1)
Sec. 38-352. Private sewage disposal.
(a) Where a public sanitary or combined sewer is not available under the provisions of section 38-351(d), the
building sewer shall be connected to a private sewage system complying with the provisions of this section.
(b) Before commencement of construction of a private sewage system, the owner shall first obtain a written
approval from the director or their designee. permit signed by the city manager. The application owner may
be requested to provide for such permit shall be made on a form furnished by the city, which the applicant
shall supplement by any plans, specifications, and other information as is deemed necessary by the city
managerdirector or their designee.. The property owner must demonstrate that they are outside of the
sewer service area. A permit and inspection fee of $25.00 shall be paid to the city at the time the application
is filed.
(c) A permit for a private sewage system shall not become effective until the installation is completed to the
satisfaction of the city manager. He shall be allowed to inspect the work at any stage of construction and, in
any event, the applicant for the permit shall notify the city manager when the work is ready for final
inspection and before any underground portions are covered. The inspection shall be made within 24 hours
of the receipt of notice by the city manager, excluding Saturday, Sunday, and holidays.
(dc) Once the owner receives written permission from the City, a permit from the Vermont DEC Drinking Water
and Groundwater Protection Division (DWGPD) must be obtained and provided to the department. The type,
capacities, location, and layout of a private sewage system shall comply with all recommendations of the
Vermont Health Regulations, chapter 5, Sanitary Engineering, subchapter 10, Wastewater Treatment and
Disposal, Individual On-Site SystemsDWGPD Environmental Protection Rules, Chapter 1, Wastewater System
and Potable Water Supply Rules.
(d) No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(e) At such time as a public sewer becomes available to a property served by a private sewage system, as
provided in section 38-351(d), a direct connection shall be made to the public sewer in compliance with this
article, and any septic tanks, cesspools, and similar private sewage thoroughly and properly cleaned,
disinfected, and filled in or removed according to good sanitation practice and under the inspection and
direction of the city manager or his representativeDPW Standards. Properties currently served by a private
sewage disposal system may continue to operate the system until it fails. Upon failure of the private system,
the property owner is required to connect to the public sanitary sewer system in as required in section 38-
351(d).
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(f) The owner shall operate and maintain the private sewage facilities in a sanitary manner at all times, at no
expense to the city.
(g) No statement contained in this section shall be construed to interfere with any additional requirements that
may be imposed by the city health officer.
(Ord. of 5-4-1992; Ord. of 3-21-2005, art. II, § 2; Ord. of 10-17-2016(1), § 2.2)
Sec. 38-353. Building sewers and connections.
(a) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any
public sewer or appurtenance thereof without first obtaining a written permit from the wastewater water
quality superintendent. Any person proposing a new discharge into the system, or a substantial change in the
volume or character of pollutants that are being discharged into the system, shall notify the water quality
wastewater superintendent at least 45 days prior to the proposed change or connection. No such change or
connection shall be made without written approval from the water quality wastewater superintendent,
issued in accordance with subdivision III of this division.
(b) There shall be three classes of building sewer permits:
(1) Residential;
(2) Commercial service; and
(3) Service to establishments producing industrial wastes.
In each case, tThe owner or the owner's agent shall make application on a form furnished by the city. The permit
application shall be supplemented by any plans, specifications, or other information considered pertinent in
the judgment of the water quality wastewater superintendent. The city council may establish fees for review
and issuance of permits and approvals, inspections and connections.
(c) All costs and expenses incident to the installation, connection, maintenance and repair of the building sewer
shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or
indirectly be occasioned by the installation, connection, maintenance, and repair of the building sewer.
Payment of connection fees shall be paid prior to the issuance of a certificate of occupancy.
(d) A separate and independent building sewer shall be provided for every building; except where one building
stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to
the rear building through an adjoining alley, court, yard, or driveway, in which case the building sewer from
the front building may be extended to the rear building and the whole considered as one building sewer. Use
of private sewers which accept and convey flow from more than one building may not be used except when
found, on examination and test by the city, to be in satisfactory condition and meeting all requirements of
this article. The burden of proof and all expenses incurred by the city to determine the condition and
adequacy of the private sewer shall be borne by the owner of said private sewer.
(e) The city may require the owner of a project or developer to install a water meter so recorded flow can be
used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may be
required by the city for projects/buildings and developments connecting to the sewer system.
(f) Old building sewers may be used in connection with new buildings only when they are found, on
examination and test by the water quality wastewater superintendent, to meet all requirements of this
article.
(g) The size, slope, location, alignment, materials of construction, of a building sewer, and the methods to be
used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the
requirements of the DPW Standards, building and plumbing code or other applicable rules and regulations of
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the city and shall also conform to the rules and requirements of the water quality wastewater division and
the state. In the absence of code provisions or in amplification thereof, the materials and procedures set
forth in appropriate specifications of the ASTM and the latest edition of the Water Pollution Control
Federation (WPCF) Manual of Practice No. 9 shall apply.
(h) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement
floor. No building sewer shall be laid parallel to or within three feet (91.4 cm) of any bearing wall which
might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer
shall be laid at uniform grade in the direction from the main sewer to the building and in a straight alignment
insofar as possible. Change in direction shall be made only with properly curved pipe and fittings with
suitable clean-outs or flush holes as described in subsection (r) of this section. In all buildings in which any
building drain is too low to permit gravity flow to the public sewer, sanitary sewage to be carried by such
sewer shall be lifted by an approved artificial means and discharged to the building sewer. Such lifting
devices shall be located outside the building foundation and have no access or ventilation through the
building.
(hi) No person shall make connection of roof downspouts, exterior and interior foundation drains, areaway
drains, basement sumps or other sources of surface runoff or groundwater to a building sewer or building
drain which in turn is connected directly or indirectly to a public sanitary sewer. All such connections which
exist shall be disconnected by the owner, at his their expense, within 930 days upon receipt of notification by
the city.
(ij) The connection of the building sewer into the public sewer shall conform to the requirements of the DPW
Standards, building and plumbing code or other applicable rules and regulations of the city and the state, and
shall also conform to the rules and requirements of the wastewater division, or the procedures set forth in
appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9. All such
connections shall be made gastight and watertight. Any deviation from the prescribed procedures and
materials must be approved by the wastewater superintendent before installation.
(jk) Prior to any connection to the house connection "Y" or to the main sewer, the city shall be given two working
days' notice in order that they may supervise such work. If the city has not been properly notified, they may
require the completed work to be uncovered for examination, at the owner's expense.
(l) The diameter of the building sewer shall not be less than four inches (10.2 cm). The building sewer shall be
laid on a uniform grade, wherever practicable, in a straight alignment, of at least one-fourth of an inch per
foot (two percent). Where, in special cases, a minimum grade of one-fourth inch per foot cannot be
maintained, a grade of one-eighth inch per foot (one percent) may be permitted, but only after the city gives
its written approval for the specific connection.
(m) When installing the building sewer, the trenches shall be dug in a careful manner and properly sheathed
where required. The excavated materials shall be placed in a separate pile from road materials and shall be
piled in a compact heap so placed as to cause the least possible inconvenience to the public. Proper
barricades and lights must be maintained around the trench to guard against accidents.
(n) In backfilling, the material under, around and for two feet (61 cm) immediately over the pipe shall be
selected so it contains no stones capable of damaging the installation. This must be carefully tamped, the
balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight-inch (20.3 cm)
layers so as to avoid excessive settlement. When the trench has been filled to the proper height, the road
material is to be replaced and heavily tamped or rolled.
(o) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six inches (15.2 cm)
below the bottom of the sewer and the trench brought to the proper elevation with gravel or other material
satisfactory to the city. The remainder of the trench must be backfilled with suitable material as described in
subsection (n) of this section.
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(p) Where subsurface-soil conditions warrant, special precautions must be taken as may be directed by the city.
In quicksand, all pipes must be laid out on pressure-treated planking two inches (5.1 cm) thick by at least six
inches (15.2 cm) wide.
(q) The connection of the building sewer to the main sewer shall be made at the house connection at the
property line or, if no house connection exists, connection shall be made at the nearest available "Y"
connection on the main sewer. The city will designate the position of the end of the house connection at the
property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes necessary to
cut into the main sewer, when no other source of connection is available, then such connection shall be
made as directed by and under the supervision of the city. The dead ends of all pipes not immediately
connected with the house plumbing system must be securely closed by a watertight cover of imperishable
material and properly marked and located.
(r) The use of clean-outs on the building sewer shall be made by installing a "Y" and one-eighth bends. The
clean-outs shall ordinarily be installed at the point of connection between the building sewer and the outside
part of the house plumbing system, at all curves on the building sewer and on the straight part of the house
sewer to the main sewer. The clean-out shall be brought up from the building sewer to four inches (10.2 cm)
below ground level and properly capped. Locations of all clean-outs shall be recorded and turned over to the
city. Where the distance from the building to the point of connection at the main sewer is less than 50 feet
(15.2 m), at least one clean-out 20 feet (6.1 m) from the house shall be provided. Clean-outs shall be of the
same diameter as the building sewer.
(ks) Before any portion of an existing building sewer or the house plumbing system outside of the building is
connected to the main sewer, the owner shall prove, to the satisfaction of the city, that it is clean and
conforms in every respect to this article and all joints are gastight and watertight.
(lt) Where pipe is installed for building sewers, such work shall be performed by a licensed plumber.
(um) The city shall apply appropriate tests to the pipes. The plumber and contractor, at their own expense, shall
furnish all necessary tools, labor, materials and assistance for such tests and shall remove or repair any
defective materials when so ordered by the city.
(nv) Any person performing work on public property for the purpose of installing a building sewer shall file with
the city evidence of adequate insurance coverage for liability and property damage. Minimum amounts of
coverage will be established by the city and posted in the city clerk's office. obtain a right-of-way permit from
the City.
(w) All work shall be adequately guarded with barricades and lights so as to protect the public from hazard.
Streets, sidewalks, curbs, and other public property disturbed in the course of the work shall be restored in a
manner satisfactory to the city and other authorities having jurisdiction.
(x) The contractor shall not block any driveway, street or road at any time without permission of the city and
other controlling agencies. Every effort shall be made to permit the movement of vehicular traffic at all
times. Whenever it becomes necessary to cross or interfere with roads, walks or drives, whether public or
private, the contractor shall maintain, at his own expense and subject to the approval of the city, safe bridges
or other means of egress.
(oy) Maintenance of all private sewage disposal facilities, including, but not limited to, house plumbing systems,
building sewers to the main sewer, house connections, sewers and appurtenances, shall be the responsibility
of the owner, at his their expense. The owner shall be solely responsible for continually maintaining such
facilities in satisfactory operating condition. Maintenance shall include, but not be limited to, maintaining
flow, clearing obstructions, maintaining all joints are gastight and watertight, repair or replace collapsed,
deteriorated or defective materials, and all other work which is necessary and essential to maintaining
proper operation and preserving the structural integrity and watertightness of the system.
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(z) The owner is obligated by sewer permit and any other permits to construct the project, building or
development to meet all specifications for which the permits and approvals were issued. The building
inspector or some other authorized person will inspect existing buildings and construction sites from time to
time during each construction phase to assure permit specifications are being met. A final inspection shall be
made prior to the connection from the building to the main sewer line by the city.
(Ord. of 3-21-2005, art. II, § 3; Ord. of 10-17-2016(1), § 2.3)
Sec. 38-354. Ownership Responsibilities.
(a) The city owns and is responsible for maintenance and repair of the sanitary sewer main line and any publicly
owned pump stations and associated force mains. Only a department employee may operate, repair,
replace, remove, or modify these those items. The cost of and responsibility for repairs to, or replacement of
sewer services, internal piping, backflow preventers, check valves and privately owned pump stations shall
be the responsibility of the property owner. The owner is responsible for the service line from the sewer
main to the building and for all internal plumbing.and any metering devices.
Sec. 38-354. Pump Stations.
(a) All pump stations proposed for new development in the City shall meet the requirements of the DPW
Standards.
(b) Existing pump stations that do not meet the requirements of Section 38-354(a) shall remain privately
owned.
(c) Pump stations must serve a minimum of 25 separate connections in order to be eligible for City
acceptance. Any pump station serving less than 25 residential units shall remain privately owned.
Sec. 38-354355. Prohibited discharges into the public sanitary sewer system.
(a) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof
runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any
sanitary sewer.
(b) No person shall discharge or cause to be discharged any of the following described waters or wastes to any
public sanitary sewers:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant.
(3) Any waters or wastes having a pH lower than 56.5, or higher than 89.5 or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and personnel of the public
sewage facilities.
(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in
sewers, or other interference with the proper operation of the public sewage facilities such as, but not
limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups,
milk containers, etc., either whole or ground by garbage grinders.
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(c) No person shall discharge or cause to be discharged the following described substances, materials, waters, or
wastes if it appears likely, in the opinion of the water quality wastewater superintendent, that such wastes
can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the
receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming
his their opinion as to the acceptability of these wastes, the water quality wastewater superintendent will
give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the
sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the
sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent
factors. The substances prohibited are:
(1) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius).
(2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of 100
mg/L or containing substances which may solidify or become viscous at temperatures between 32 and
150 degrees Fahrenheit (0 and 65 degrees Celsius).
(3) Any garbage that has not been properly shredded. As used herein, the term "properly shredded"
means that the wastes from the preparation, cooking, and dispensing of food have been shredded to
such a degree that all particles will be carried freely under the flow conditions normally prevailing in
public sewers, with no particle greater than one-half inch (1.27 cm) in any dimension. The installation
and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp
metric) or greater shall be subject to the review and approval of the water quality wastewater
superintendent.
(4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions
whether neutralized or not.
(5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, or similar
objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an
unusual chemical oxygen demand or containing any other material or constituent in concentrations
which exceed the limits established by the water quality wastewater superintendent for such
materials.
(6) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such
concentrations exceeding limits which may be established by the water quality wastewater
superintendent as necessary, after treatment of the composite sewage, to meet the requirements of
the state, federal, and other public agencies of jurisdiction for such discharge to the receiving waters.
(7) Any radioactive wastes or isotopes of such half-life, or concentration as may exceed limits established
by the water quality wastewater superintendent in compliance with applicable state or federal
regulations.
(8) Any chemicals or chemical compounds of the following nature or characteristics or having similarly
objectionable characteristics: alcohols, arsenic and arsenicals, phenols or cresols, formaldehydes,
iodine, manganese, cyanide, heavy metals and other metal finishing or plant wastes, acid pickling
waste, mercury and mercurials, silver and silver compounds, sulfonamides, toxic dyes (organic or
mineral), zinc, all strong oxidizing agents such as chromates, dichromates, permanganates, peroxide
and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or explosive
gases, either upon acidification, alkalization, oxidation or reduction, strong reducing agents such as
nitrites, sulphides, sulphites, and the like, radioactive materials or isotopes, whether neutralized or not.
(9) Materials which exert or cause:
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a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime
slurries, and lime residues) or of the dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works which may cause the effluent
limitations of the discharge permit to be exceeded.
d. Unusual volume of flow or concentration of wastes constituting a slug, as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the
sewage treatment processes employed, or are amenable to treatment only to such degree that the
sewage treatment plant effluent cannot meet the requirements of its discharge permits or of other
agencies having jurisdiction over discharge to the receiving waters.
(11) Any waters or wastes containing suspended solids of such character and quantity that unusual
attention or expense is required to handle such materials at the wastewater treatment plant.
(12) Any noxious or malodorous gas or substance capable of creating a public nuisance.
(13) Any waters or wastes if it appears likely, in the opinion of the water quality wastewater
superintendent, that such waste can harm either the sewers, treatment plant process or equipment,
would have an adverse effect on waters of the state or the United States, or could otherwise endanger
human or animal life, limb, public property or constitute a nuisance.
(d) The admission into the public sanitary sewers of any waters or wastes, having a five-day BOD greater than
400 mg/L, or containing more than 400 mg/L of suspended solids, or containing any quantity of substances
having the characteristics described in subsections (b) and (c) of this section, having an average daily flow
greater than two percent of the average daily sewage flow received at the sewage treatment plant, shall be
subject to the review and approval of the water quality wastewater superintendent. The water quality
wastewater superintendent may:
(1) Reject the wastes;
(2) Require control over the quantities and rates of discharge;
(3) Require payment to the city to cover the added cost of handling, treating and disposing of the wastes
not covered by sewer charges established under the provisions of subdivision IV of this division;
(4) Require pretreatment to an acceptable condition for discharge to the public sewers;
(5) Require any combination of the foregoing.
If the city manager permits the pretreatment or equalization of waste flows, the design, plans, specifications and
any other pertinent information relating to proposed equipment and facilities shall be submitted for the approval
of the city manager and the agency of natural resources and no construction of such facilities shall be commenced
until said approvals are obtained in writing. Further, such pretreatment facilities must be consistent with the
requirements of any state pretreatment permit issued to the industry.
(e) Grease, oil, and sand interceptors shall be provided when, in the opinion of the water quality wastewater
superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive
amounts, or any flammable wastes, sand, and or other harmful ingredients. Such interceptors shall not be
required for private living quarters. All interceptors shall be of a type and capacity approved by the water
quality wastewater superintendent, and shall be located as to be readily and easily accessible for cleaning
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and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user
ownerat their expense.
(f) The user shall maintain records (which are subject to review by the water quality wastewater
superintendent) of the dates and means of disposal of accumulated interceptor wastes. Any removal and
hauling of the collected materials not performed by the user's personnel must be performed by currently
licensed waste disposal firms.
(g) To facilitate compliance with this section, the user shall apply for a permit and furnish as part of the permit
application a plan and description of the device. Where grease, oil or sand interceptors or similar
appurtenances are involved, approval must be granted from both the water quality wastewater
superintendent and the public works director.
(h) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and
extreme changes in temperature. They shall be of substantial construction and equipped with easily
removable covers which, when bolted in place, shall be gastight and watertight.
(i) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at his their
expense, in continuously efficient operation at all time. Materials collected shall not be introduced into the
public sewage system.
(j) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the owner at his their expense.
(k) All industries discharging into a public sewer shall perform such monitoring of their discharges as the water
quality wastewater superintendent may reasonably require, including installation, use, and maintenance of
monitoring equipment, keeping records and reporting the results of such monitoring to the water quality
wastewater superintendent. Where industrial pretreatment permits are issued by the state, monitoring
records must also be submitted to the appropriate agency in accord with such permit. Such records shall be
made available upon request by the water quality wastewater superintendent to the state agency or to other
agencies having jurisdiction over discharges to the receiving waters. Records of any monitoring will be
supplied by the water quality wastewater superintendent to the state secretary of the agency of natural
resources on request.
(l) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made
in this article shall be determined in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public Health Association, and shall be
determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the
event that no special manhole has been required, the control manhole shall be considered to be the nearest
downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling
shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage
works and to determine the existence of hazards to life, limb, and property. The particular analyses involved
will determine whether a 24-hour flow composite of all outfalls of a premises is appropriate or whether a
grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are
obtained from 24-hour proportioned composites of all outfalls whereas pH is determined from periodic grab
samples.
(m) Any industry held in violation of the provisions of this article may have its disposal authorization terminated.
(n) When required by the water quality wastewater superintendent, the owner of any property served by a
building sewer carrying industrial wastes shall install a suitably controlled manhole in the building sewer to
facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be
accessible and safely located and shall be constructed in accordance with plans approved by the water
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quality wastewater superintendent. The manhole shall be installed by the owner, at his their expense, and
shall be maintained by the owner so as to be safe and accessible at all times.
(o) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater facility for
treatment and disposal. The waste must meet all the requirements of this division.
(1) The discharge of scavenger wastes at designated septage receiving areas at the city's wastewater
treatment facilities may be permitted. The discharge of scavenger wastes from sources outside of the
city may be permitted with approval of the water quality wastewater superintendent of the water
quality wastewater division.
(2) There will be a fee charged each time a load of scavenger waste is discharged at the city's wastewater
treatment facilities. Such fee will be determined by the city council and will be based upon the quantity
and quality of the discharged waste.
(p) No statement in this article shall be construed as preventing any special agreement or arrangement between
the city and any industrial concern whereby an industrial waste of unusual strength or character may be
accepted by the city for treatment, subject to payment therefor, by the industrial concern, provided that
such agreements do not contravene any requirements of existing federal laws and are compatible with any
user charge and industrial cost recovery system in effect.
(Ord. of 3-21-2005, art. II, § 4; Ord. of 10-17-2016(1), § 2.4)
Sec. 38-355. Protection from damage.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. In addition to
being a violation of this article, aAny person violating this provision mayshall also be subject to immediate arrest
under the charge of unlawful mischief as set forth in 13 V.S.A. § 3701.
(Ord. of 3-21-2005, art. II, § 5; Ord. of 10-17-2016(1), § 2.5)
State law reference(s)—Damaging property, 13 V.S.A. § 3701.
Secs. 38-356—38-370. Reserved.
Subdivision III. Capacity Allocation
Sec. 38-371. Ownership of capacity.
(a) The city owns and operates sewage treatment and disposal plants ("plants") and a sewage collection and
transmission system ("sewers"), as defined in 24 V.S.A. §§ 3501(6) and 3601. The plants have a permitted
capacity, and are operated in accordance with discharge permits issued by the state department of
environmental conservation under authority granted in 10 V.S.A. § 1250 et seq. The city is obligated by law
to comply with conditions of those permits, and to operate and manage the plants and sewers as
governmental functions under and pursuant to 24 V.S.A. §§ 3501 et seq. and 3601 et seq.
(b) The permitted capacity of the plants and sewers is the property of the city.
(Ord. of 3-21-2005, art. III, § 1; Ord. of 10-17-2016(1), § 3.1)
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Sec. 38-372. Reserve capacity allocation.
(a) Determination of amount of allocation. All allocations to projects shall be based on the development
wastewater flow, in accordance with Vermont Agency of Natural Resources Environmental Protection Rules
Wastewater System and Potable Water Supply Rules. Any differential between actual flows and development
wastewater flows that occurs is not available to the development owner for re-allotment to another project
or a project expansion.
(b) Application process. Persons seeking an allocation of uncommitted reserve capacity or City Center
uncommitted reserve capacity of the plants and sewers, shall apply to the water quality wastewater
superintendent for a preliminary allocation on a form prescribed by the water quality wastewater division.
(1) Such application shall:
a. Be accompanied by a calculation of the development wastewater flow to be generated by the
project/development;
b. Include calculations for the volume, flow rate, strength and any other characteristics determined
appropriate by the water quality wastewater superintendent;
(2) Unless waived by the water quality wastewater superintendent, all calculations required in subsections
(b)(1)a and b of this section for developments generating over 1,000 gallons per day shall be certified
by a state-registered engineer and be referenced in the most current Vermont Agency of Natural
Resources Environmental Protection Rules Wastewater System and Potable Water Supply Rules .
(Ord. of 3-21-2005, art. III, § 3; Ord. of 10-17-2016(1), § 3.3)
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City Center Sewer Service Area Map
Sec. 38-373. Preliminary allocation determination.
(a) A preliminary allocation determination is not required if the project is exclusively residential and needs an
allocation of less than 1,000 GPD.
(b) Upon receipt of the application for capacity allocation and supportive documents, the director of public
works or their designee shall make a preliminary determination regarding allocation of uncommitted reserve
capacity or City Center uncommitted reserve capacity. The director of public works, or their
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designeewastewater superintendent shall award a preliminary allocation upon making affirmative findings
that:
(1) The proposed wastewater is of domestic, sanitary origin or the proposed wastewater is not of
domestic, sanitary origin and that sufficient evidence has been presented by the applicant to
demonstrate that the flow and character of the wastewater is compatible with the proper operation of
the plants and sewers and that the proposed wastewater will not alone or in combination with other
wastes cause a violation of the discharge permit, pass through the plants without treatment, interfere
with or otherwise disrupt the proper quality and disposal of plant sludge or be injurious in any other
manner to the plant or sewers and that there is sufficient uncommitted reserve capacity to
accommodate the strength and volume of the proposed development;
(2) There is sufficient uncommitted reserve capacity or City Center uncommitted reserve capacity as of the
date of the application to accommodate the development wastewater flow of the proposed
development.
(bc) A preliminary determination by the director of public works allocating capacity shall not constitute a binding
commitment of capacity to the applicant and may be revoked by the director of public works before a final
allocation of capacity is granted if uncommitted reserve capacity ceases to be available. A preliminary
determination may be used by an applicant as evidence that a proposed development has sufficient sewer
capacity available.
(Ord. of 3-21-2005, art. III, § 4; Ord. of 10-17-2016(1), § 3.4)
Sec. 38-374. Final capacity allocation.
(a) An applicant who holds a preliminary allocation of capacity granted pursuant to section 38-373, or is not
required to obtain a preliminary pursuant to section 38-373(a) may apply for a final allocation upon
occurrence of the following:
(1) Obtained site plan, conditional use and/or variance approvals, if such approvals are the only approvals,
except a zoning permit, required for the proposed development under city zoning and subdivisionLand
Development rRegulations then in effect;
(2) Obtained final approval for a subdivision, PUD or PRD if such approvals are the only approvals, except a
zoning permit, required for the proposed development under city zoning and subdivisionLand
Development rRegulations then in effect;
(3) Obtained all approvals required under subsections (a)(1) and (2) of this section, if such approvals are
required for the proposed development under city zoning and subdivisionLand Development
rRegulations then in effect;
(4) Concurrently with Oobtaineding a zoning permit if that is the only approval required under city zoning
and subdivision rLand Development eRegulations then in effect; or
(5) Does not require any approvals under city zoning and subdivisionLand Development rRegulations then in
effect.
(b) Upon receipt of an application for final allocation, the director of public works, or their designee, shall grant
a final allocation upon determination that the applicant has a preliminary allocation which has not been
revoked and that sufficient uncommitted reserve capacity is available for the development, or that the
applicant was not required to obtain a preliminary allocation pursuant to section 38-373(a).
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(c) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant subject to
applicant's compliance with all conditions imposed on such allocation.
(Ord. of 3-21-2005, art. III, § 5; Ord. of 10-17-2016(1), § 3.5)
Sec. 38-375. Final allocation conditions.
(a) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other
characteristics of the proposed discharge determined appropriate by the director of public works, or their
designee.
(b) The capacity allocation is not transferable to any other person or development, except a successor in interest
of the development for which the allocation has been granted. Allocations run with the land and not with the
business or property owner.
(c) If a lot, building or space has been abandoned for (3) years or more or if the principal structures have been
demolished without issuance of a new permit, the existing allocation shall expire.
(cd) The construction of the connection and, if necessary, the municipal sewer extension must be overseen to
assure compliance with the plans and specifications and good construction practice in a manner acceptable
to the city.
((de) A final capacity allocation shall expire on the first of the following events to occur, unless, prior to such date,
the development for which the allocation has been granted has commenced discharging into the sewer:
(1) The date that any approval required for grant of the final allocation, as identified in section 38-374,
expires, unless prior to such date the applicant has applied for any required zoning permits to construct
the development;
(2) The date that any zoning permit authorizing construction of improvements for which the allocation has
been granted expires;
(3) Ten years from the date the final allocation is granted, for any development that requires any approval
under the city zoning or subdivision regulations, or two years from the date the final allocation is
granted, for any development that does not require approval under the city zoning or subdivision
regulations.
(ef) (1) An applicant for development involving a single use or unit shall pay 100 percent of all allocation
connection fees prior to grant of a final allocation. If the development involves multiple uses and/or units
that will connect to the sewer, the applicant shall pay 50 percent of all allocation connection fees prior to
grant of final allocation and the remaining 50 percent will be prorated based on the development flow for
each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit
for construction of improvements for the use or unit. If the development is an affordable housing project,
100 percent of all connection fees will be prorated based on the number of uses and/or units. The prorated
portion for a use or unit shall be payable upon issuance of a zoning permit for construction of improvements
for the use or unit. If the development does not require issuance of a zoning permit, the applicant shall pay
100 percent of all connection allocation fees prior to grant of a final allocation.
(2g) Payment of connection allocation fees may be paid after the issuance of any permits under the zoning
regulations of the city for construction and development but prior to the issuance of a certificate of
occupancy provided the following two criteria are met:
a(1). The project is for the development of housing that is no less than 50 percent of the dwelling units
perpetually affordable, with "affordable" being defined by the city's land development
regulations; and
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b(2). The city has made some a prior financial contribution to the development in the form of a grant
from the city's general or housing trust fund or by means of a state community development
fund/community development block grant or other such state or federal grants or loans in which
the city is a transactional party.
(Ord. of 3-21-2005, art. III, § 6; Ord. of 10-17-2016(1), § 3.6; Ord. of 12-5-2022, § 3.6)
Secs. 38-376—38-393. Reserved.
Subdivision IV. Sewage Disposal Charges, Time of Payment Thereof, and Penalties for
Nonpayment
Sec. 38-394. Operation and maintenance.
An annual charge, which shall be determined by the city council, is hereby imposed upon every person
having a building or structure on their premises and who are served by the municipal public sewage system where
sewage may be collected for the use of the premises by the owners, or other users of real property within the city.
The annual charge shall be for the purpose of the payment associated with the costs of operating, maintaining and
repairing said system. The city council may establish annual charges separately for bond payments, for fixed
operating and maintenance costs not dependent on actual or estimated use and for variable operations and
maintenance costs dependent on actual or estimated use. The charges and/or connector fees shall be set by
resolution of the city council.
(Ord. of 3-21-2005, art. IV, § 1; Ord. of 10-17-2016(1), § 4.1)
Sec. 38-395. Sewer use rates, applicability.
The sewer use rates established in section 38-394 and defined hereinafter shall be charged whether or not
the property is occupied, when the property is connected to the public sewage system by the necessary building
sewer as required under the terms of this article. The rate structure shall incorporate the requirements of 40 CFR
35.935-13 or 35.2140, as applicable.
(Ord. of 3-21-2005, art. IV, § 2; Ord. of 10-17-2016(1), § 4.2)
Sec. 38-396. Annual charges, basis.
The annual charges stipulated in section 38-394 shall be based upon a base rate plus a water meter
measurement. The city council will determine the actual charge from measurements of each user so as to yield
charges which are approximately in proportion to the strength and quantity of waste discharged. If the city council
establishes annual charges separately for bond repayment and fixed operations and maintenance costs,. Nno user
will be billed less than the average single-family charge for the fixed charges, plus flow-related charges.
(Ord. of 3-21-2005, art. IV, § 3; Ord. of 10-17-2016(1), § 4.3)
Sec. 38-397. Capital costs.
The design, construction and development costs of all public sewage system expansions and extensions
which have been approved by the development review board shall be borne by the developers and property
owners requiring, requesting or directly benefitting from such extensions and/or expansions, unless an alternative
funding method is approved by the city council.
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(Ord. of 3-21-2005, art. IV, § 4; Ord. of 10-17-2016(1), § 4.4)
Sec. 38-398. Collection.
Collection of the delinquent sewer use rates may be enforced by the city pursuant to 24 V.S.A. ch. 129, and
24 V.S.A. §§ 3612 3614 and 36165. In the event any sewer rent is not paid within 30 days from the billing date, a
late penalty charge will be added to the sewer rent together with interest charges. The amount of the late penalty
charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If
such payment is not made, such sewer rent shall be a lien upon such real estate and shall be collected according to
the procedures allowed for in 24 V.S.A. §§ 3504 and 36142. Any payment made to the city for utility fees shall first
be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining amount
of the payment shall first be allocated to current water, then current sewer, then current stormwater fees.
(Ord. of 3-21-2005, art. IV, § 5; Ord. of 10-17-2016(1), § 4.5)
Sec. 38-399. Sinking fund/set-asides for major expenditures.
The following provides for and restricts the use of set-aside (sinking) funds to finance future major
maintenance/replacement costs and plant expansion costs:
(1) A separate sinking fund may be utilized for major maintenance/replacement expenditures and for
expansion/upgrading expenses associated with the wastewater facilitiesy in the city. Sinking fund
establishment for maintenance/replacement expenditures shall be through written policy of the city.
Any sinking fund policy shall contain at least the following in writing: major maintenance/replacement
identification, estimated expenditures, estimated, year of expenditure, payment amount, type of
account used to accumulate sinking fund assets, source of funding and when payments are to stop. All
sinking funds shall be established and maintained in accordance with 24 V.S.A. § 36176.
(2) The city reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking
fund not exceeding 15 percent of the normal total budgeted expenses for maintenance/replacement in
that year. The fees charged for expansion cost shall be deposited into a separate account and a record
shall be kept to show payment date, person making payment and payment amount. The city council
holding office has the authority to withdraw sinking fund amounts only for the purpose of paying for
major expenditures/plant expansion for which the fund was established.
(3) Sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or
plant expansion; excess money shall remain in the sinking fund for future related expenditures similar
in nature. Revenues established for plant expansion dedicated funds may be generated from
connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall
not exceed the estimated future expansion cost for the wastewater treatment facility. When the city so
votes, the expansion/upgrade sinking fund may be used to finance major maintenance/replacement
expenditures, but under no circumstances shall the major maintenance replacement sinking fund be
used to finance wastewater expansion/upgrade expenses.
(Ord. of 3-21-2005, art. IV, § 6; Ord. of 10-17-2016(1), § 4.6)
Secs. 38-400—38-425. Reserved.
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DIVISION 4. INSPECTION AND ENFORCEMENT
Sec. 38-571. Power and authority of inspectors.
(a) Any authorized person bearing proper credentials and identification shall be permitted to enter all properties
subject to regulation under this article for the purposes of inspection, observation, measurement, sampling,
and testing in accordance with the provisions of this article. Authorized persons shall have the right to set up
such devices as are necessary to conduct monitoring and/or sampling of any regulated discharge from the
property. Authorized persons may also examine and copy records required to be kept under any permit
subject to this article. Authorized persons shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct
bearing on the kind and source of discharge to the public sanitary system.
(b) Any authorized person bearing proper credentials and identification shall be permitted to enter all private
properties through which the city holds an easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance or any portion of the public sewage system
lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full
accordance with the terms of the easement pertaining to the private property involved.
(c) If a property owner has security measures in force which require proper identification and clearance before
entry onto the property, the owner shall make the necessary arrangements to allow access to any authorized
person.
(d) Any temporary or permanent obstruction to safe and easy access to any property to be inspected and/or
sampled shall be promptly removed by the property owner at the written or oral request of any authorized
person and shall not be replaced. The costs of clearing such access shall be borne by the property owner.
(e) Causing an unreasonable delay in allowing an authorized person access to a property subject to regulation
under this article is a violation of this article.
(f) If an authorized person is refused access to any part of the property containing facilities, records or
discharges subject to regulation under this article, and if the authorized person is able to demonstrate
probable cause to believe that there may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this
article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, then the authorized person may seek issuance of a search warrant from any court of competent
jurisdiction.
(g) While performing the necessary work on private properties referred to in this section, authorized persons
shall observe all safety rules applicable to the premises established by the property owner and the property
owner shall be held harmless for injury or death to the city employees and the city shall indemnify the
property owner against loss or damage to its property for personal injury or property damage asserted
against the property owner and growing out of the gauging and sampling operation, except as may be
caused by negligence or failure of the property owner to maintain safe conditions as required by law.
(Ord. of 3-21-2005, art. VII, § 1; Ord. of 10-17-2016(1), § 8.1; Ord. of 12-5-2022, § 9.1)
Sec. 38-572. Administrative enforcement.
(a) Any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken.
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(b) Any person found to be violating any provision of this article shall be served by the city with written notice
stating the nature of the violation and providing a reasonable time limit for the satisfactory correction
thereof. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges;
(3) The cessation of improper practices and operations and implementation of proper practices and
operations;
(4) The abatement or remediation of any contamination of the public sewer system and waters of the
state or the United States and restoration of any property impacted by such contamination;
(5) Establishment of time limits for the completion of all required work;
(6) Payment of a fine; and
(7) State that the notice may be appealed in the manner set forth in subsection (g) of this section.
(c) The city has the right to require a property owner found to be in violation of this article to install monitoring
equipment and maintain such equipment in proper operating condition, including proper calibration, all at
the property owner's expense.
(d) If a violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city
or persons retained by the city may enter upon the subject property to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the city or designated persons to enter upon the
premises for the purposes set forth above.
(e) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment within 15 days. If the amount due is not paid within a timely manner as
determined by the decision of the city manager or the city manager's designee, or by the expiration of the
time in which to file an appeal, the charges shall constitute a lien on the property for the amount of the
assessment and shall bear interest at the rate of one percent per month, or portion thereof.
(f) The city manager may, without prior notice, suspend sewer system discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge which presents or may present imminent
and substantial danger to the environment, or to the health or welfare of persons, or to the sewer system or
waters of the state or the United States. If the violator fails to comply with a suspension order issued in an
emergency, the city manager may take such steps as deemed necessary to prevent or minimize damage to
the sewer system or waters of the state or United States, or to minimize danger to persons.
(g) Any person discharging to the sewer system in violation of this article may have their sewer system access
terminated if such termination would abate or reduce an illicit discharge. The city manager will notify a
violator of the proposed termination of its sewer system access. The violator may appeal the city manager's
determination to the city council by filing a written notice of appeal with the city manager within ten
business days of the city manager's decision. The city council shall review such appeal at a meeting of the
council preceded by 15 calendar days' written notice of the meeting date to the violator. Following the
meeting, the council shall issue its decision on the appeal in writing, which decision shall be final.
(h) A person commits an offense if the person reinstates sewer system access to premises terminated pursuant
to subsection (g) of this section, without the prior approval of the city manager.
(Ord. of 3-21-2005, art. VII, § 2; Ord. of 10-17-2016(1), § 8.2; Ord. of 12-5-2022, § 9.2)
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Sec. 38-573. Judicial enforcement.
(a) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24
V.S.A. ch. 59.
(b) Any person who violates a provision of this article or who violates any condition of a permit issued
hereunder shall be subject to a violation which shall be punishable as a civil violation pursuant to section 1-
14. Each day the violation continues shall constitute a separate violation.
(c) Any law enforcement officer or the director of public works, city engineer, deputy director of public works, or
water quality superintendent may act as an issuing municipal official and issue and pursue before the judicial
bureau a municipal complaint for any violation of any provision of this article.
(d) In addition to the enforcement procedures available before the judicial bureau, the city manager is
authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
(Ord. of 3-21-2005, art. VII, § 3; Ord. of 10-17-2016(1), § 8.3; Ord. of 12-5-2022, § 9.3)
State law reference(s)—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official
for civil ordinance violation, 24 V.S.A. § 1977.
Sec. 38-574. Waiver fee.
An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amounts, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Sanitary Sewer System
Inspection and Enforcement
First offense $100.00
Second offense $250.00
Third offense $400.00
Fourth offense $550.00
Fifth and subsequent offenses $700.00
(Ord. of 3-21-2005, art. VII, § 4; Ord. of 10-17-2016(1), § 8.4; Ord. of 12-5-2022, § 9.4)
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aARTICLE IV. SANITARY SEWER AND STORMWATER SYSTEMS1
****
DIVISION 31. STORMWATER SYSTEMGENERALLY
Subdivision I. In General
Sec. 38-426. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Authorized person means the city manager, director of public works, water resources engineer, stormwater
superintendent and such other persons as they specifically appoint or authorize to perform duties for the
stormwater division.
Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good
housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly to the stormwater
system or waters of the state or the United States. BMPs also include treatment practices, operating procedures,
and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials
storage.
Building drain means that part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building
sewer. The building drain extends five feet beyond the outer face of the building wall.
City manager means the city manager, or their authorized deputy, agent, or representative.
Combined sewer means a sewer receiving both stormwater runoff and sewage.
Construction activity means activities, including, but not limited to, clearing and grubbing, grading,
excavating, and demolition.
Credit means an ongoing reduction in the stormwater user fee for certain identified and approved qualifying
and ongoing private actions or activities that reduces the potential impact of increased stormwater discharges that
result from development of a property.
Department of public works stormwater division means that city division responsible for construction,
operation and maintenance of the public stormwater system.
Developed property means any property that is altered from a natural state by construction or installation of
more than 500 square feet of impervious surface.
1Charter reference(s)—Authority to purchase property for providing sanitary sewer service, § 13-103.
State law reference(s)—Water mains and sewers, 24 V.S.A. § 3401 et seq.; sewage system, 24 V.S.A. § 32501 et
seq.; sewage disposal system, 24 V.S.A. § 3601 et seq.; on-site sewage system, 24 V.S.A. § 3631 et seq.;
uniform water and sewer disconnect, 24 V.S.A. § 5141 et seq.
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Developer means any individual, corporation, association, or other organization engaged in land
development or building construction.
Discharge permit means a permit issued by the state department of environmental conservation pursuant to
authority granted in 10 V.S.A. ch. 47, or the U.S. Environmental Protection Agency pursuant to 33 USC 1251 et seq.
Exclusively residential means land development in the city comprised of properties containing solely
residential uses and permitted accessory uses, such as single-family, two-family and multi-family dwelling units.
Land development with commercial, industrial or other nonresidential uses is excluded.
Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of produce.
Hazardous material means any material, including any substance, waste, or combination thereof, which,
because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit discharge means any direct or indirect discharge to the stormwater system that is not expressly
authorized by this ordinance.
Impervious surface means those man-made surfaces, including, but not limited to, paved and unpaved roads,
parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, storage areas, and
awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates.
Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).
Industrial wastes means the liquid wastes from an industrial manufacturing process, trade, or business. The
term "industrial wastes" does not include sanitary sewage.
MS4 permit means the state agency of natural resources' general permit 3-9014, as amended or reissued,
pursuant to which the city obtained coverage for stormwater discharges from its municipal separate storm sewer
system.
National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit means a permit
issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge
of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general
area-wide basis.
Natural outlet means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or
groundwater.
Non-single-family residence (NSFR) means all types of developed property in the city except single-family
residences.
Non-stormwater discharge means any discharge to the stormwater system that is not composed entirely of
stormwater or such other waters or materials as are specifically authorized herein. The term "non-stormwater
discharge" includes placing or depositing any hazardous material or pollutant in the stormwater system.
Pollutant means any introduced substance which causes or contributes to pollution. Pollutants may include,
but are not limited to, paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles,
and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; heat; rock, sand, cellar dirt, dredged spoil; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
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Public stormwater system means all elements of the stormwater system located in the city that are
controlled and operated by the city or that carry water that drains from any public property, including street
rights-of-way.
Regulated private system means those stormwater systems located on privately owned property in the city
that are subject to or required to obtain a permit for stormwater discharges under federal or state law, which
permits routinely require installation and maintenance of stormwater management or treatment improvements.
Sewage means the used water supply of the city, including a combination of the water-carried wastes from
residences, business buildings, institutions, and industrial establishments, as well as ground, surface and
stormwater as may or may not be mixed with these liquid wastes from the city.
Sewage system and stormwater commissioners (or commissioners or board) means members of the city
council acting as a board of sewage system and stormwater commissioners under 24 V.S.A. Chapter 101.§ 3614.
Sewer means a pipe, culvert, ditch, swale or other conduit for carrying sewage or stormwater.
Single-family residence (SFR) means detached single-family homes, duplexes, and triplexes.
Storm drain means a sewer intended to carry only stormwater and surface waters.
Stormwater means excess water from rainfall and snow melt that does not evaporate or penetrate into the
ground, which flows overland and is collected and transported to waters of the state or the United States by the
stormwater system, together with any material that becomes dissolved or suspended in such water during its
overland flow before entering the stormwater system.
Stormwater appeal board means the city manager, public works director, and a third person appointed by
the city council.
Stormwater discharge means any stormwater that is transported, naturally or otherwise, from a developed
property to the public stormwater system or to a watercourse.
Stormwater services division means that city division within the department of public works responsible for
construction, operation and maintenance of the public stormwater system.
Stormwater superintendent means that employee of the city who shall be designated from time to time by
the city manager to oversee the stormwater services division.
Stormwater system means natural and man-made drainage structures, conveyances, storm drains, catch
basins, and any other appurtenant device or structure where stormwater is collected, transported, pumped,
treated, or disposed of.
Stormwater upgrade feasibility analysis (SUFA) means those standards and procedures, as adopted and
amended by city council, defining the processes of engineering feasibility analysis for upgrade, repair and
maintenance of stormwater systems in the city, which shall be incorporated by reference herein.
Subdivision as defined by the City’s Land Development Regulations. me ans a tract of land, owned or
controlled by a person, which has been partitioned or is intended to be divided for the purpose of sale or lease into
two or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court-ordered partition
or filing of a plot plan on the city records where the act of division creates one or more parcels of land of less than
ten acres in area, but excluding leases subject to the provisions of 10 V.S.A. ch. 153, relating to mobile homes.
Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the
city records, whichever shall first occur; or the commencement of building development with intent to subdivide,
such that the building development will be located upon a parcel of land less than ten acres in size.
Suspended solids means solids that either float on the surface of, or are in suspension in, water, sewage, or
other liquids, and which are removable by laboratory filtering or use of BMPs.
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Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
(Ord. of 3-21-2005, art. I, § 1, art. III, § 2; Ord. of 10-17-2016(1), § 1.1; Ord. of 12-5-2022, § 1.1)
Sec. 38-427. Abbreviations.
For the purpose of this article, the following abbreviations shall have the meaning ascribed to them under
this section. References to standards of the following organizations shall refer to the latest edition of it.
VSMM means the Vermont Stormwater Management Manual, as amended from time to time by the state
agency of natural resources, which shall be incorporated by reference herein.
(Ord. of 3-21-2005, art. I, § 2; Ord. of 10-17-2016(1), § 1.2; Ord. of 12-5-2022, § 1.2)
Sec. 38-4286. Introduction.
(a) In March 2005, the city council established the South Burlington Stormwater Utility. The basic purpose of the
utility is to administer the city's stormwater management program, including stormwater infrastructure
maintenance and repair, permitting, and capital improvements. The utility is a division of the city's
department of public works.
(b) The utility provides a stable and adequate source of revenue for the city's stormwater management program
that allocates the costs of stormwater services across every stormwater "user" in the city through a
stormwater utility fee (or user fee). Impervious surface area on individual properties is the basis for the fee
charged to property owners in the city. The stormwater fee that a property owner pays is directly
proportional to the impervious surface found on the property.
(c) The city stormwater utility offers credits against the stormwater fee for stormwater service customers who
undertake specific, approved actions that reduce the impact of stormwater runoff on the public stormwater
system, or provide an ongoing public benefit related to stormwater management. A credit is an ongoing
reduction in the fee. This manual details the policies and procedures for stormwater utility credits.
(d) Three different stormwater fee credits are offered by the stormwater utility to non-single-family residential
properties. Individual single-family residential properties are not eligible to receive credits. To qualify for any
of the user fee credits, the stormwater utility customer must completely fill out a credit application form and
submit it to the stormwater superintendent. The application will be evaluated to determine the amount of
credit that an individual parcel will be given. Eligibility for user fee credits is independent of the state
stormwater permitting process. Property both with and without valid state stormwater permits are equally
eligible for user fee credits. These credits are discussed in this division.
(Ord. of 3-21-2005, art. V, § 1; Ord. of 10-5-2015(1), § 1)
Sec. 38-42897. Purpose.
The purpose of this division is to provide for the health, safety, and general welfare of the citizens of the city
through the regulation of stormwater discharges to the stormwater system.
(Ord. of 10-17-2016(1), § 5.1)
Sec. 38-4293028. Applicability.
Any discharge of stormwater from developed property in the city shall be subject to the provisions of this
division.
(Ord. of 3-21-2005, art. V, § 2; Ord. of 10-17-2016(1), § 5.2)
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Sec. 38-430129. Required approvals.
(a) No owner of developed property in the city shall change or alter, or allow to be changed or altered, the
discharge of stormwater from such property occurring on the effective date of the ordinance from which this
article is derived without first obtaining any permit or approval required under this article or any other city
ordinance, state law, or federal law. As used herein, the term "change or alter" shall mean an act done which
will result in a direct or indirect impact on the contribution of stormwater into the public stormwater system.
(b) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any
public storm drain or appurtenance thereof without first obtaining a written permit from the stormwater
superintendentDirector of Public Works or their designee. The owner shall indemnify the city for any loss or
damage directly or indirectly occasioned by the construction or installation of the private drain or storm
sewer system, including damages from backflow from the municipal storm sewer system.
(Ord. of 3-21-2005, art. V, § 3; Ord. of 10-17-2016(1), § 5.3; Ord. of 12-5-2022, § 5.3)
Sec. 38-43120. Compliance with existing permits.
It shall be a violation of this division for any owner of developed property that is subject to any local, state, or
federal permit requirements regarding the discharge of stormwater to fail to comply with such permit
requirements.
(Ord. of 3-21-2005, art. V, § 4; Ord. of 10-17-2016(1), § 5.4)
Sec. 38-43231. Use of the public stormwater system.
(a) The following may be discharged into the public stormwater system, subject to obtaining and complying with
any required permit:
(1) Stormwater;
(2) Water line flushings; landscape irrigation or lawn watering, provided all pesticides, herbicides, and
fertilizers have been applied in accordance with the approved labeling; diverted stream flows; rising
groundwater; uncontaminated groundwater; uncontaminated pumped groundwater; discharges from
potable water sources; foundation or footing drains where flows are not contaminated with process
materials, and to which there are no floor drain, septic wastewater, or grey water connection;
uncontaminated condensate from air conditioners, coolers/chillers, and other compressors and from
the outside storage of refrigerated gasses or liquids; uncontaminated water from crawl spaces;
irrigation water; spring water; flows from riparian habitats or wetlands; swimming pools (if
dechlorinated, typically less than one ppm chlorine); discharges from emergency/unplanned
firefighting activities; fire hydrant flushing; pavement and external building wash waters to which no
detergents or other chemicals have been added; incidental windblown mists; and any other water
source not containing pollutants;
(3) Discharges specified in writing by the authorized enforcement agent as being necessary to protect
public health and safety;
(4) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement
agent prior to the time of the test;
(5) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the United States Environmental
Protection Agency, provided that the discharger is in full compliance with all requirements of the
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permit, waiver, or order and other applicable laws and regulations, and provided that written approval
has been granted for any discharge to the storm drain system.
(b) It shall be a violation of this article for any person to cause or allow to occur any illicit discharge to the public
stormwater system or allow any illicit discharge existing on the effective date of the ordinance from which
this article is derived to continue regardless of whether such existing discharge was permissible under law or
practices applicable or prevailing at the time the discharge commenced.
(Ord. of 3-21-2005, art. V, § 5; Ord. of 10-17-2016(1), § 5.5; Ord. of 12-5-2022, § 5.5)
Sec. 38-43342. Best management practices.
(a) The stormwater superintendent will adopt requirements identifying best management practices for any
activity, operation, or facility which may cause or contribute to an illicit discharge to the stormwater system.
The owner or operator of a commercial or industrial establishment shall provide, at their own expense,
reasonable protection from an accidental illicit discharge into the public stormwater system. Further, any
person responsible for a property or premises, which is, or may be, the source of an illicit discharge to the
public stormwater system, may be required to implement, at said person's expense, additional BMPs to
prevent or discontinue the illicit discharge. Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be
deemed in compliance with the provisions of this section.
(b) Every person owning property through which a watercourse passes, or such person's lessee, shall keep and
maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and
other obstacles that would pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
(c) Notwithstanding other requirements of law, as soon as any person is responsible for a facility or operation,
or is responsible for emergency response for a facility or operation, has information of any known or
suspected release of materials which are resulting or may result in an illicit discharge into the stormwater
system, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of a release of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release of non-
hazardous materials, said person shall notify the stormwater superintendent in person or by phone or
facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by
written notice addressed and mailed to the stormwater superintendent within three business days of the
phone notice. If the illicit discharge emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall also retain an on-site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
(Ord. of 3-21-2005, art. V, § 6; Ord. of 10-17-2016(1), § 5.6)
Sec. 38-43453. Protection from damage.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with
any structure, appurtenance, or equipment which is a part of the public stormwater system.
(Ord. of 3-21-2005, art. V, § 7; Ord. of 10-17-2016(1), § 5.7)
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-436. Method for infiltration testing.
The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer,
site designer licensed in the state, a qualified soil scientist, a qualified geologist, a qualified
hydrogeologist, or other person approved in advance by the stormwater superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-saturated"
conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining
Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed stormwater treatment practice (STP)
locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed
STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived
value.
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they
overestimate saturated hydraulic conductivity values. Acceptable tests include:
a. Guelph permeameter - ASTM D5126-90 Method.
b. Falling head permeameter - ASTM D5126-90 Method.
c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods.
d. Amoozemeter or Amoozegar permeameter - Amoozegar 1992.
(6) The following information must be documented for any infiltration testing:
a. Date and time of testing.
b. Name and qualifications of the person conducting the testing.
c. Location of infiltration testing.
d. Method utilized during testing.
e. Results of infiltration testing in inches/hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based on
redoximorphic features.
(8) Verify depth to bedrock (if within four feet of proposed STP bottom) via test pits or solid auger probes.
(Ord. of 10-5-2015(2), app. A; Ord. of 10-17-2016(2), app. A)
Secs. 38-43574—38-464. Reserved.
DIVISION 2. STORMWATER SYSTEM USER FEES
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Subdivision II. Stormwater System User Fees
Sec. 38-465. Establishment of stormwater user fees.
(a) A user fee based on an equivalent residential unit (ERU) shall be imposed on every owner of non-exempt
developed property within the city. An ERU shall equal that square footage that represents the median
average of the area of impervious surface for all single-family residences in the city. The city council shall, by
resolution, establish the square footage that constitutes one ERU on a periodic basis.
(b) The city council shall have the authority to set and modify the user fee rates so that the total revenue
generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the city's
stormwater program.
(c) The city council shall establish by resolution the monthly rate for each ERU. The monthly user fee for a
specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to the
property.
(Ord. of 3-21-2005, art. VI, § 1; Ord. of 10-17-2016(1), § 6.1; Ord. of 12-5-2022, § 6.1)
Sec. 38-466. User fee credits.
(a) The stormwater superintendent shall prepare for the city council's approval a stormwater user fee credit
manual, specifying the design and performance standards of on-site stormwater systems, facilities, activities
and services which qualify for application of a user fee credit and the method of calculating credits. The city
council shall have the authority to approve, modify and approve, or disapprove the credit manual.
(b) Following approval of a credit manual, the stormwater superintendent may, at the request of a property
owner, reduce the user fee established for any property by awarding a credit based on the policies and
conditions set forth in the manual. No credit shall exceed 50 percent of the applicable monthly user fee for a
given property. Any property owner may appeal the stormwater superintendent's determination regarding
an award of a credit by filing a written notice of appeal with the stormwater appeal board within ten
business days of the superintendent's decision. The stormwater appeal board shall review such appeal at a
meeting preceded by 15 calendar days written notice of the meeting date to the property owner. Following
the meeting, the stormwater appeal board shall issue its decision on the appeal in writing, which decision
shall be final.
(c) Credits shall be applied to user fees on the next billing period after the completed credit application is
approved.
(d) Any award of credit shall be conditioned on continuing compliance with the city's design and performance
standards as stated in the stormwater user fee credit manual and/or upon continuing provision of the
systems, facilities, services, and activities provided, operated, and maintained by the property owner upon
which the credit is based. The stormwater superintendent may revoke or reduce a credit at any time for
noncompliance by providing 30 days' written notice of a noncomplying condition and intent to revoke or
reduce the credit to the property owner. If the noncompliance is not cured within the 30-day period, the
stormwater superintendent shall eliminate the credit for user fee bills issued to the property owner after
such period. A property owner may appeal the stormwater superintendent's determination regarding credit
revocation or reduction in the same manner set forth in subsection (b) of this section.
(Ord. of 3-21-2005, art. VI, § 2; Ord. of 10-5-2015(1), § 3; Ord. of 10-17-2016(1), § 6.2)
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Sec. 38-467. Credit application and approval process.
(a) Credit applications must include hydrologic calculations and an associated narrative demonstrating the
stormwater treatment practice meets the technical criteria, design requirements and/or applicable
restrictions set forth as specified within the Vermont Stormwater Management Manual, as amended.
(b) Credit applications for non-structural practices must include site plans or other engineering documents that
demonstrate that the non-structural practices complies with the minimum criteria for credit set forth in the
Vermont Stormwater Management Manual, as amended.
(c) All engineering calculations and drawings shall be prepared, sealed and stamped by a professional engineer
registered in the state.
(d) Credit applications for new construction may be submitted to the city stormwater superintendent at any
time during the construction process. However, the credit will not be approved based on site plans alone.
The credit application requires that the STP must be constructed and working in proper operating condition.
Credit applications for new developments can occur as part of the normal development plan review
procedures. The completed credit application should accompany the final plat for the site.
(e) A right of entry or easement, as applicable, must be granted to the city in order for the city to review and
approve the credit application, and to perform occasional inspections. Right of entry is granted via the
applicant's or property owner's signature on the credit application.
(f) If all requirements and conditions of this section are met, the credit will be granted upon successful
completion of the credit application process and favorable on-site city inspection.
(Ord. of 10-5-2015(1), § 4)
Sec. 38-468. NPDES permit credit.
The city stormwater utility offers a credit to NSFR properties that, under federal requirements/law, perform
best management practices (BMPs) specifically intended to reduce the impacts of non-point source stormwater
runoff and/or provide an ongoing public benefit related to stormwater management. In order to be eligible for this
credit, a NSFR property owner must have a valid National Pollution Discharge Elimination System (NPDES) permit.
There are different types of NPDES permits that may be eligible for credit. More information on specific permits is
provided below:
(1) Municipal separate storm sewer systems (MS4) permits.
a. Credit will be available to NSFR properties that are required by the state to comply with general
permit 3-9014, as amended (also called the MS4 permit). The MS4 permit requires permittees to
develop, implement, and enforce a stormwater management program that is designed to reduce
the discharge of pollutants from the MS4 and satisfy applicable water quality requirements of the
Federal Clean Water Act. At the time of MS4 permit issuance or renewal regulated entities are
required to present the Vermont Department of Environmental Conservation (VTDEC) with a list
of best management practices (BMPs) that will be performed to comply with permit
requirements. The MS4 credit is offered in recognition of the permit compliance activities
performed by the MS4 permittee that may reduce impacts on non-point source stormwater
runoff and/or provide an ongoing public benefit related to stormwater management.
b. MS4 credit applicants must provide the following documents at the time that the credit
application is submitted, and annually thereafter:
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1. The MS4 permittee's most recent notice of intent (NOI) for coverage under state general
permit 3-9014. The NOI must be valid for the current permit period at the time the credit
application is submitted.
2. A copy of the MS4's most recent annual report.
(2) Multi-sector general permit (MSGP).
a. Credit will be available to property owners who must comply with state general permit 3-9003
(also called the MSGP). The MSGP requires industrial facilities to identify potential sources of
stormwater pollution, implement measures to reduce the risk of stormwater contamination, and
test stormwater discharges for sources of pollution. Compliance can be achieved by obtaining a
no exposure conditional exclusion or creating and implementing a stormwater pollution
prevention plan (SWPPP).
b. MSGP credit applicants must provide the documents listed below at the time that the credit
application is submitted, and annually thereafter:
1. The facility's most recent notice of intent (NOI) or notice of no exposure certification (NOX)
for coverage under the state general permit 3-9003. The NOI must be valid for the current
permit period at the time the credit application is submitted.
2. A copy of the MSGP facility's most recent annual report including the results of any
monitoring conducted in that year or a copy of the no exposure certification letter they
received from VTDEC.
3. All facilities will be required to pass an inspection conducted by the stormwater
superintendent. The purpose of the inspection is to ensure compliance with the terms of
the state general permit 3-9003 and ensure that all appropriate steps are being taken to
prevent stormwater pollution.
(3) Other NPDES permits.
a. NSFR properties that due to federal requirements have a valid NPDES permit and perform BMPs
specifically intended to reduce impacts on non-point source stormwater runoff and/or provide an
ongoing public benefit related to stormwater management may also be eligible to receive this
credit. A final determination regarding whether or not the terms of a particular NPDES permit
makes a NSFR property eligible for NPDES permit credit will be made by the stormwater
superintendent.
b. NPDES credit applicants must provide the documents listed below at the time that the credit
application is submitted, and annually thereafter:
1. A copy of the applicable federal regulation or permit that requires the entity to perform
stormwater related BMPs.
2. A detailed description of the BMPs that are performed by the eligible entity, including the
dates of BMP activities, persons involved, and BMP costs.
3. A copy of the most recent notice of intent (NOI) for coverage under NPDES permit. The NOI
must be valid for the current permit period at the time the credit application is submitted.
4. A copy of the most recent annual report for the NPDES permit.
5. Additional materials required as part of the application will be determined by the
stormwater superintendent.
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6. Facilities may be required to pass an inspection conducted by the stormwater
superintendent to ensure compliance with the terms of the NPDES permit and ensure all
appropriate steps are being taken to prevent stormwater pollution.
(4) Conditions and policies related to the NPDES permit credit.
a. In addition to the submission components specified above, applicants must complete the
stormwater utility's NPDES permit credit application form when first applying for NPDES permit
credit.
b. Those applying for credit must be in compliance with their NPDES permit requirements.
c. Properties owned by the city and/or operated/maintained by the city stormwater utility are not
eligible for the NPDES credit if the best management practices that are performed by the city or
the stormwater utility to comply with the NPDES permit are funded using revenue generated by
the utility.
d. Property owners or organizations can receive a ten percent reduction in the total stormwater fee
assessed to their property under the NPDES permit credit. If the entity owns multiple properties
located within the city stormwater utility service area and therefore receives multiple bills, the
ten percent credit will be applied to all properties that are subject to the NPDES permit qualifying
them for this credit. The total NPDES permit credit for any given property cannot exceed ten
percent, even if it is subject to multiple NPDES permits. The total credit given to any property
cannot exceed 50 percent of the stormwater fee for that property.
e. NPDES credits are assessed during the year after applicable permit or regulation compliance has
been achieved. Many NPDES permits are issued on a multi-year (typically five-year) cycle.
Therefore, proof of compliance in Year 1 (e.g., the MS4 permit annual report for Year 1) must be
submitted and approved by the stormwater superintendent in order for the entity to receive a
ten percent credit in Year 2.
f. Failure to provide copies of annual reports and current NOIs will result in loss of credit. If reports
are not received each year the applicant will be notified in writing. The applicant will be given a
15-day deadline in which to submit information. The credit will be revoked if information is not
received before the deadline. If a credit is revoked, the property owner will have to re-apply to
receive credit.
(Ord. of 10-5-2015(1), § 5)
Sec. 38-469. Education credit.
(a) The education credit is available to public and private schools that educate and inform their students about
the importance of local surface and groundwater resources and how they can be protected. The rationale
behind this credit is that the information provided by the school will translate into appreciation and
stewardship of water resources and thereby reduce negative impacts (such as pollutant impacts) on local
streams, ponds and lakes that can result from uninformed citizens.
(b) Policies specific to the water education credit are as follows:
(1) The water education credit is available to elementary, middle and high schools (both public and
private) located in the city.
(2) To be eligible for the credit, the school must teach coursework based on the Urban Stream Awareness
in the Lake Champlain Basin curriculum guide (targeted for high school students), or an equivalent,
age-appropriate, water resources-based curriculum approved by the stormwater superintendent.
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(3) For a curriculum to be eligible for credit, it must be self-sustaining and not require the continued
involvement of the stormwater superintendent.
(4) The stormwater superintendent will base their approval on the sufficiency of the educational program
to meet requirements stated in the NPDES phase II MS4 permit (permit 3-9014), section 4.2.1.1, as
follows:
"Develop elementary, middle school, or high school education curricula regarding local
stormwater concerns based on new or existing material; conduct teacher training … and in each
subsequent year maintain program information and hold at least one refresher teacher training
course."
(5) Approval of the credit application will result in a ten percent credit to the assessed stormwater fee. The
credit will be applied only to the school property where the curriculum is taught. The total credit given
to any property cannot exceed 50 percent of the stormwater fee for that property.
(6) Schools that are interested in obtaining the education credit must submit a completed application form
to the stormwater superintendent in the department of public works. The form will require a
description of the educational program, list of educational tools used, estimated number of students
that will/have receive the education, the length of the educational program and the schedule for
providing refresher teacher training courses.
(Ord. of 10-5-2015(1), § 6)
Sec. 38-46770. Establishment of ERUs.
(a) Each SFR shall be allocated one ERU.
(b) The ERUs allocated to NSFR properties, except city-owned roads, shall be determined in the following
manner:
(1) The amount of impervious surface on each parcel shall be divided by the gross area of the parcel
resulting in the percent of imperviousness for the parcel.
(2) Based on the percent imperviousness, a tier factor shall be determined, based on the following
categories:
Impervious Percentage Tier Factor
1 to 10.99% *See below
11 to 20.99% 0.15
21 to 30.99% 0.25
31 to 40.99% 0.35
41 to 50.99% 0.45
51 to 60.99% 0.55
61 to 70.99% 0.65
71 to 80.99% 0.75
81 to 90.99% 0.85
91 to 100% 0.95
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*Fee will be based on actual amount of impervious surface, measured in square feet. The
gross area of the parcel shall be multiplied by the tier factor, and then divided by the ERU.
The resulting value is rounded up to the nearest whole number which is the number of ERUs
for the property.
(c) The ERUs allocated to properties comprised solely of city-owned roadways shall be determined by dividing
two-thirds of the total impervious surface for the property by the ERU. The resulting value is then rounded
up to the nearest whole number which is the number of ERUs for the property.
(Ord. of 3-21-2005, art. VI, § 3; Ord. of 10-17-2016(1), § 6.3; Ord. of 12-5-2022, § 6.3)
Sec. 38-46871. Billing and collection.
(a) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for each
property owner, where applicable. The bill shall also state the ERUs allocated to each property.
(b) A property owner may appeal an allocation of ERUs to the stormwater superintendent by submitting a
written notice of appeal to the stormwater superintendent within 15 calendar days of the mailing date of the
bill. The stormwater superintendent shall promptly meet with the property owner and issue a decision of the
allocation of ERUs. A property owner may appeal the stormwater superintendent's determination regarding
credit revocation in the same manner set forth in section 38-466(b). The filing of an appeal shall not relieve a
property owner of the obligation to pay the user fee when due.
(c) In the event any stormwater user fee is not paid within 30 days from the billing date, a late penalty charge
will be added to the fee together with interest charges. The amount of the late penalty charge and the
interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such
payment is not made, such stormwater user fee shall be a lien upon such real estate and may be collected in
the manner provided in 24 V.S.A. §§ 3504 and 36142. Any payment made to the city for utility fees shall first
be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining
amount of the payment shall first be allocated to current water, then current sewer, then current
stormwater fees.
(Ord. of 3-21-2005, art. VI, § 4; Ord. of 10-17-2016(1), § 6.4)
Sec. 38-46972. Expenditures.
(a) The user fees, as well as any secondary sources of revenue, shall be used to fund the city's efforts to manage
stormwater. Acceptable expenditures include, but are not limited to, capital construction, maintenance and
operations, engineering and planning, regulation and enforcement, water quality programs, special services,
administration and management, coverage requirements, reserve funds, staff or labor costs, vehicle and
equipment purchases and miscellaneous overhead costs.
(b) Excess revenues may be placed into a sinking fund, and may be retained and expended in the manner set
forth in section 38-470399.
(Ord. of 3-21-2005, art. VI, § 5; Ord. of 10-17-2016(1), § 6.5)
Sec. 38-470. Sinking fund/set-asides for major expenditures.
The following provides for and restricts the use of set-aside (sinking) funds to finance future major
maintenance/replacement costs and plant expansion costs:
(1) A separate sinking fund may be utilized for major maintenance/replacement expenditures and for
expansion/upgrading expenses associated with the wastewater facilities in the city. Sinking fund
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establishment for maintenance/replacement expenditures shall be through written policy of the city.
Any sinking fund policy shall contain at least the following in writing: major maintenance/replacement
identification, estimated expenditures, estimated, year of expenditure, payment amount, type of
account used to accumulate sinking fund assets, source of funding and when payments are to stop. All
sinking funds shall be established and maintained in accordance with 24 V.S.A. § 3617.
(2) The city reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking
fund not exceeding 15 percent of the normal total budgeted expenses for maintenance/replacement in
that year. The fees charged for expansion cost shall be deposited into a separate account and a record
shall be kept to show payment date, person making payment and payment amount. The city council
holding office has the authority to withdraw sinking fund amounts only for the purpose of paying for
major expenditures/plant expansion for which the fund was established.
(3) Sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or
plant expansion; excess money shall remain in the sinking fund for future related expenditures similar
in nature. Revenues established for plant expansion dedicated funds may be generated from
connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall
not exceed the estimated future expansion cost for the wastewater treatment facility. When the city so
votes, the expansion/upgrade sinking fund may be used to finance major maintenance/replacement
expenditures, but under no circumstances shall the major maintenance replacement sinking fund be
used to finance wastewater expansion/upgrade expenses.
(Ord. of 3-21-2005, art. IV, § 6; Ord. of 10-17-2016(1), § 4.6)
Secs. 38-4713—38-497. Reserved.
DIVISION 3. ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS
Subdivision III. Acceptance or Inspection of Regulated Private Systems
Sec. 38-498. Exclusively residential regulated private systems.
(a) Subject to the terms and conditions of this article, the city may accept conveyance of and assume
responsibility for regulated private systems that serve exclusively residential development in the city,
provided the owner of such regulated private system meets the following conditions:
(1) The regulated private system shall comply with the VSMM and divisionsubdivision V of this
articledivision.
(2) Regulated private systems shall satisfy the goals outlined in any agency of natural resources-approved
plan for the city to meet MS4 permit requirements (e.g., flow restoration plan, phosphorus control
plan, etc).
(3) The superintendent determines that allowing the regulated private system to obtain coverage under
the city's MS4 permit would not place an undue burden on the city.
(b) The owner of any regulated private system listed in subsection (a) of this section may offer to convey such
system to the city by:
(1) Applying to the stormwater superintendent, using forms developed by the stormwater superintendent;
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(2) Paying the applicable fee as determined from time to time by the city council; and
(3) Agreeing to reimburse the city for any reasonable costs, fees, expenses and other charges the city
incurs in evaluating the regulated private system's design and inspecting the regulated private system's
stormwater management and treatment improvements prior to acceptance of such regulated private
system.
(c) Upon receipt of a complete application described in subsection (b) of this section, the stormwater
superintendent shall determine whether the regulated private system meets the applicable standards, which
determination shall be final.
(d) Upon a determination that a regulated private system meets applicable standards, the stormwater
superintendent, working with the city attorney, or the city attorney's designee, shall direct the owner of the
regulated private system to prepare all documents, using forms developed by the stormwater
superintendent, the city attorney, or the city attorney's designee, necessary to convey the regulated private
system, free and clear of all encumbrances, to the city and transfer any applicable permit to the city. The
stormwater superintendent, city attorney, or the city attorney's designee shall review such documents to
determine their accuracy and completeness.
(e) Upon an owner of the regulated private system's satisfactory completion of the work required under
subsections (a) through (d) of this section, and payment of any sums due under subsection (b) of this section,
the stormwater superintendent shall submit to the city council the owner's offer to convey the regulated
private system to the city. The city council may accept such offer if it determines that such acceptance is in
the best interests of the city.
(f) Upon acceptance of a regulated private system pursuant to subsection (e) of this section, the city shall be
responsible for operating, maintaining, and repairing the regulated private system to comply with any
applicable permit and for renewing or obtaining any permit required for operation and maintenance of the
regulated private system, except that the former owner of the regulated private system shall be responsible
for all costs, fees, charges and expenses for:
(1) Remedying damage caused by the former owner of the regulated private system; or
(2) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the regulated private system. As used herein, the term "extreme
unforeseen circumstance" means an act, event, cause or condition that is beyond the city's reasonable
control such as a fire, storm, earthquake, flood, lightning, landslide, hurricane, tornado, war, strike,
terrorism, riot or insurrection.
(g) For a period of 20 years from the date the city accepts a regulated private system and other than the user
fee, the city shall not impose an assessment or surcharge that is unique to the former owner of such
accepted regulated private system to cover all or a portion of the cost of performing the city's duties outlined
in subsection (f) of this section, unless the city imposes a similar assessment or surcharge on other former
owners of other similar regulated private systems, or in the event of a need to remedy damage described in
subsection (f) of this section.
(h) For purposes of this subdivision, the term "former owner" means and includes the successors in interest of
owners of regulated private systems that have been accepted by the city pursuant to the procedures
outlined in subsections (b) through (g) of this section. If a former owner is a membership organization,
company, corporation or other entity, whether for profit or nonprofit, the term "former owner" also includes
its officers, members, directors and their respective successors in interest.
(Ord. of 10-17-2016(1), § 7.1; Ord. of 12-5-2022, § 7.1)
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Sec. 38-499. Regulated private systems that are not exclusively residential.
(a) Subject to the terms and conditions of this article, the city may, at the discretion of the superintendent,
allow regulated private systems that serve properties with nonresidential uses to obtain permit coverage
under the city's MS4 permit provided the owner of such regulated private system meets all of the following
conditions:
(1) The regulated private system shall comply with the VSMM or the stormwater upgrade feasibility
analysis (SUFA).
(2) Regulated private systems shall satisfy the goals outlined in any agency of natural resources-approved
plan for the city to meet MS4 permit requirements (e.g., flow restoration plan, phosphorus control
plan, etc.).
(3) The owner of a regulated private system enters into an agreement with the city obligating the owner of
the regulated private system to maintain the regulated private system in accordance with the MS4
permit, the VSMM and the SUFA, as applicable to that regulated private system, and grants the city
access by license:
a. To monitor and inspect the regulated private system at regular intervals to confirm compliance
with the MS4 permit, the VSMM and the SUFA, as applicable to that regulated private system; or
b. To maintain the regulated private system only in the event the superintendent determines that
the owner of the regulated private system has failed to perform maintenance of the regulated
private system in accordance with the VSMM or the SUFA, as applicable to that regulated private
system and that public good requires that the city to perform such maintenance on the regulated
private system. The city's performance of maintenance on a regulated private system shall be
performed at its sole discretion and shall not relieve the owner from complying with the MS4
permit, the VSMM and the SUFA, as applicable. If the city chooses to perform such maintenance
after the owner's failure or refusal to do so, the owner shall reimburse the city for its costs, fees,
expenses and other charges it incurs as a result of the owner's failure or refusal to perform such
maintenance. If the owner refuses to reimburse the city within 30 days of the city's mailing of a
bill for such charges, such charges shall be a lien on the owner's property in accordance with 24
V.S.A. Chapter 101§ 3504.
(4) The superintendent determines that allowing the regulated private system to obtain coverage under
the city's MS4 permit would not place an undue burden on the city.
(b) The owner of a regulated private system meeting the requirements of subsection (a) of this section may
request coverage under the city's MS4 permit by:
(1) Applying to the superintendent, using forms developed by the stormwater superintendent;
(2) Paying the applicable fee as determined from time to time by the city council;
(3) Submitting a plan for maintenance and repair of the regulated private system to ensure compliance
with the MS4 permit, the VSMM and the SUFA, as applicable to that regulated private system; and
(4) Agreeing to reimburse the city for any reasonable costs, fees, expenses and other charges the city
incurs in evaluating the regulated private system's design and inspecting the regulated private system's
stormwater management and treatment improvements prior to the city accepting coverage of such
regulated private system under its MS4 permit.
(c) Upon receipt of a complete application as described in subsection (b) of this section, the superintendent
shall determine whether the regulated private system meets the VSMM and the SUFA, as applicable to that
regulated private system. The superintendent's determination shall be final.
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(d) Upon determination that a regulated private system satisfies the VSMM and the SUFA, as applicable to that
regulated private system, the stormwater superintendent, working with the city attorney, or the city
attorney's designee, shall direct the owner of the regulated private system to prepare all documents, using
forms developed by the stormwater superintendent, the city attorney, or the city attorney's designee,
necessary for the regulated private system to obtain coverage under the city's MS4 permit. The stormwater
superintendent, city attorney or the city attorney's designee shall review such documents to determine their
accuracy and completeness.
(e) Upon an owner of the regulated private system's satisfactory completion of the work required by
subsections (a) through (d) of this section, and payment of any sums due under subsection (b) of this section,
the stormwater superintendent shall submit to the city council the regulated private system owner's request
to obtain coverage under the city's MS4 permit. The city council may approve such request if it determines
that such approval is in the best interests of the city.
(f) Upon allowing a regulated private system to obtain coverage under the city's MS4 permit, pursuant to
subsection (e) of this section, the city shall periodically monitor, inspect and report on the regulated private
system per the city's MS4 permit requirements. Notwithstanding such coverage, the owner of the regulated
private system remains responsible for all costs, fees, charges and expenses for:
(1) Operation, maintenance, repair, improvement or replacement of the regulated private system to
ensure compliance with the MS4 permit and with the VSMM and the SUFA, as applicable to that
regulated private system;
(2) Remedying damage caused by the owner of the regulated private system; and
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the regulated private system. As used herein, the term "extreme
unforeseen circumstance" means an act, event, cause or condition that is beyond the city's reasonable
control such as a fire, storm, earthquake, flood, lightning, landslide, hurricane, tornado, war, strike,
terrorism, riot or insurrection.
(g) For a period of 20 years from the date the city allows a regulated private system to obtain coverage under
the city's MS4 permit and other than the user fee described in subdivision II of this division, the city shall not
impose an assessment or surcharge that is unique to the owner of such regulated private system to cover all
or a portion of the cost of performing the city's duties outlined in subsection (f) of this section, unless either:
(1) The city imposes a similar assessment or surcharge on owners of other similar regulated private
systems;
(2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of the
owner;
(3) In the event that an extreme unforeseen circumstance requires extraordinary repair and
reconstruction measures unique to the regulated private system; or
(4) If the city deems in the reasonable exercise of its discretion that the owner has failed to maintain,
repair or improve the regulated private system to comply with the city's MS4 permit and such
maintenance, repair or improvement is necessary, as determined by the stormwater superintendent's
sole discretion, to ensure compliance with the city's MS4 permit.
(h) For purposes of this section, the term "owner" means and includes the successors in interest of owners of
regulated private systems that have obtained coverage under the city's MS4 permit. If an owner is a
membership organization, company, corporation or other entity, whether for profit or nonprofit, the term
"owner" also includes its officers, members, directors and their respective successors in interest.
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(i) In addition to the rights and remedies for noncompliance with this article provided in subdivision IV of this
division, if the owner of the regulated private system fails to operate, improve, inspect, maintain, repair and
replace its regulated private system in accordance with the city's MS4 permit, the VSMM or the SUFA, as
applicable to that regulated private system, then the superintendent, in his sole discretion and at any time,
may terminate the agreement described in subsection (a)(3) of this section, provided the superintendent has
mailed a notice of termination to the owner 30 days in advance of such termination.
(Ord. of 10-17-2016(1), § 7.2)
Secs. 38-500—38-521. Reserved.
DIVISION 4. MUNICIPAL COST SHARING
Subdivision IV. Municipal Cost Sharing
Sec. 38-522. Purpose.
The purpose of this subdivision is to establish a city policy regarding cost sharing of upgrading or improving
stormwater treatment practices that are required by the MS4 permit, flow restoration plans (FRPs), phosphorus
control plans (PCPs) or any other future MS4 permit requirement.
(Ord. of 12-5-2022, § 8.1)
Sec. 38-523. Applicability.
This subdivision shall apply to stormwater system upgrades or improvements as required by subdivision III of
this articledivision.
(Ord. of 12-5-2022, § 8.2)
Sec. 38-524. Municipal share of stormwater project costs.
The city shall share in the cost of upgrading or improving stormwater treatment practices (STPs) that are
required by the MS4 permit, flow restoration plans (FRPs), and/or phosphorus control plans (PCPs) as follows:
(1) a. The city shall contribute funds from the stormwater utility budget for the construction of upgrades or
improvements to STPs on a pro rata basis. Cost sharing shall be determined by the percentage of
impervious surface area that is publicly owned and covered by the existing stormwater permit as
compared to the total impervious surface area covered by the existing stormwater permit;
b. Areas outside of the existing stormwater permit that drain to the STP will not be included in this
calculation unless the additional off-site area is routed to the STP as part of the upgrade or
improvement. If offsite areas are being redirected to the STP as part of the upgrade or
improvement, then these areas will be included as part of the city's impervious surface area in
the cost sharing calculation.
(2) The city's share of funding for upgrades or improvement of any particular STP will be determined on a
schedule established by and at the discretion of the city. The city will update this schedule on an
annual basis, as needed, to ensure that expenditures are budgeted in a way that is sustainable for the
stormwater utility sinking fund, stormwater utility rate payers and permit required objectives.
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(3) The city will cost share in the upgrade or improvement of an STP to the minimum design requirements
that achieve the stormwater treatment necessary to satisfy FRPs, PCPs and Vermont Stormwater
Management Manual (VSMM). Work included as part of any upgrade or improvement that is beyond
the minimum necessary to meet the minimum design requirements will be the responsibility of the
owner of the regulated private system. The city will not share in the cost of any work undertaken that
is not directly related to the STP.
(4) The city shall review and will share in the costs of any change orders during construction until the total
of the change order requests exceeds ten percent of the estimated total project cost. Change order
requests seeking cost increases beyond ten percent of the estimated total project cost will be borne by
the owner of the regulated private system, unless otherwise agreed to by the city and is in the
stormwater superintendent's sole and complete discretion.
(5) The city shall not contribute funds for engineering or design services incurred as part of upgrades or
improvements to STPs unless:
a. The city obtains grant or other outside funding for the engineering or design project and a signed
stormwater system improvement agreement with the owner of the regulated private system that
addresses engineering or design cost sharing is in place;
b. The city will not be responsible for engineering or design costs that were incurred prior to the
effective date of a stormwater system improvement agreement for the upgrade or improvement
to the STP.
(6) The city will provide its pro rata share of STP upgrade or improvement costs only after the stormwater
superintendent or the stormwater superintendent's designee has inspected the stormwater treatment
system and the STP upgrade or improvement and certified that it has been constructed in accordance
with the previously approved project plans.
(7) The city is not required to obtain grants or other outside funding for any individual project. Grants will
be obtained at the discretion of the stormwater superintendent based on staff availability and other
factors.
(8) If a grant or outside funding is obtained by the city for an STP upgrade or improvement project, such
grant or outside funding will first be applied to offset the city's pro rata share of the STP upgrade or
improvement costs. Any amount in exceedance of the city's pro rata share may be applied to the
regulated private system owner's pro rata share of the STP upgrade or improvement project costs at
the discretion of the stormwater superintendent.
(9) a. STP upgrade or improvement projects that are eligible for city cost sharing must follow the process
outlined for inclusion of the stormwater treatment system under the city's MS4 permit as established
in subdivision III of this articledivision.
ab. If a regulated private system owner performs an upgrade or improvement to an STP, but does
not intend to obtain coverage under the city's MS4 permit and instead obtains permit coverage
directly from the state, they may still obtain cost sharing from the city pursuant the requirements
of this subdivision. In order to be eligible, the system owner must:
1. Submit engineering and design plans for STP upgrade or improvement to the stormwater
superintendent and obtain written approval of these plans prior to incurring any costs that
would be eligible for cost sharing;
2. Sign a stormwater system improvement agreement with the city that establishes pro rata
cost sharing for all parties involved; and
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3. Obtain the stormwater superintendent's written confirmation that the STP upgrade or
improvement was constructed in conformance with the approved plans once construction
is complete.
(Ord. of 12-5-2022, § 8.3)
Secs. 38-525—38-545. Reserved.
DIVISION 5. STORMWATER UPGRADE FEASIBILITY ANALYSIS (SUFA)
Subdivision V. Stormwater Upgrade Feasibility Analysis (SUFA)
Sec. 38-546. Background and introduction.
(a) The city is subject to multiple stormwater total maximum daily load (TMDL) requirements established by the
state agency of natural resources (ANR). Compliance with these TMDLs is required by the city's municipal
separate storm sewer system (MS4) permit, which is also promulgated by ANR. The MS4 permit requires that
the city develop a flow restoration plan (FRP) for each of the five stormwater impaired watersheds located in
the city. In addition, the city's MS4 permit requires that the city develop a plan to deal with properties
covered by expired state stormwater permits. On top of these requirementsAdditionally, all of the city
ultimately drains to Lake Champlain. ANR and the United States Environmental Protection Agency (EPA) are
currently developinghas developed a phosphorus TMDL for Lake Champlain. The MS4 permit contains a
requirement that the In accordance with the MS4 permit, the city has developed a phosphorus control plan
(PCP) to reduce phosphorus loading to the lake from stormwater discharges.
(b) In order to meet the requirements of these state and federal regulations, it is necessary for the city, and the
properties located within its boundaries, to install stormwater treatment practices (STPs) capable of
addressing the uncontrolled stormwater runoff that contributes to these water quality impairments. The
city's regulations concerning the use of public and private sanitary sewerage and stormwater systems, as set
forth in this article, provides the opportunity for properties with existing or expired state stormwater
permits, or properties subject to the three-acre requirement included in section 1.3D of the ANR General
Permit 3-9050, to obtain valid state stormwater permit coverage under the city's MS4 permit. The ability for
the city to provide this permit coverage was clarified by the state department of environmental conservation
when the MS4 permit was reissued in 2018.
(c) In order for a property to obtain coverage under the city's MS4 permit, it must provide a level of stormwater
treatment that will facilitate compliance with the state and federal regulatory requirements (MS4 permit and
TMDLs) to which the city is subject to. The goal of this document is to establish a procedure by which an
existing site can be evaluated for best practicable on-site treatment of stormwater runoff. The standard is
intended to be met through installation of on-site STPs. Alternatively, a site may elect to pay a stormwater
mitigation fee in lieu of installing STPs on their site. These funds will be utilized by the South Burlington
Stormwater Utility (SBSU) to construct the STPs necessary for the city to implement the FRPs required by its
MS4 permit. These funds may also be used to gain access to the land necessary for the construction of large
scale or regional STPs.
(Ord. of 10-5-2015(2), § 1; Ord. of 10-17-2016(2), § 1; Ord. of 7-6-2021, § 1)
Sec. 38-547. Submission standards.
The following information must be included with a submission:
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(1) Complete application form.
(2) A brief written narrative describing the proposed stormwater treatment practice (STP) and how it
meets the SUFA standard. This includes a description of how the proposed STP matches or differs from
what is indicated in any approved flow restoration plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to
the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
a. Location, type, and size of all impervious surfaces.
b. Location, type, size, elevations, and specifications for all proposed STPs.
c. Stormwater collection and conveyance systems including swales, culverts, and piping.
d. Length, diameter, and material for all piping and culverts.
e. Topographic survey and natural resource delineations.
f. Soil type and/or hydrologic soil group.
g. The location and results of any infiltration testing conducted.
h. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm events
indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized
shall be in accordance with the best practices utilized by the state stormwater management section
and described in the VSMM.
a. The water quality volume (WQv) storm event as described in the VSMM.
b. The one year, 24-hour rainfall event as described in the VSMM.
c. The 25-year, 24-hour rainfall event (currently 4.0 inches) as described in the most recent version
of the city's land development regulations.
(7) Applications submitted under the combined method must include a stormwater mitigation fee
calculation. The site plan, listed under subsection (5) of this section, must indicate the portion of
impervious area (IA) being utilized in the stormwater mitigation fee calculation.
(Ord. of 10-5-2015(2), app. B; Ord. of 10-17-2016(2), app. B; Ord. of 7-6-2021, app. B)
Sec. 38-547. Installation of stormwater treatment practices.
(a) The goal of the stormwater upgrade feasibility analysis (SUFA) is:
(1) To reduce the volume of stormwater runoff and associated pollutants leaving the site via pipe or
overland flow; and
(2) To ensure that a site complies with any water quality plan (e.g. FRP, PCP, etc.) FRP developed for the
watershed in which it is located.
(b) At a minimum, the site must install STPs capable of infiltrating the volume of stormwater runoff generated
on site during the water quality volume (WQv) rain event as described in the Vermont Stormwater
Management Manual (VSMM), as amended from time to time by the agency of natural resources, which
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shall be incorporated by reference herein. This volume of water must be infiltrated or reused on site using
Tier 1 practices as defined in the VSMM.
(c) It is understood that some sites may contain constraints that make the site unsuitable for infiltration of
stormwater runoff. A list of acceptable site constraints includes:
(1) Seasonally high or shallow groundwater (as defined in the VSMM).
(2) Shallow bedrock (as defined in the VSMM).
(3) Soil infiltration rates of less than 0.2 inches per hour (as demonstrated by infiltration testing conducted
in accordance with the procedure in section 38-551322).
(4) Contaminated soils subject to review and approval of the stormwater superintendent.
(5) The presence of a stormwater hotspot (as defined in the VSMM).
(6) Other site constraints subject to the review and approval of the stormwater superintendent.
(d) If it is not possible to infiltrate the volume of stormwater runoff generated by the site during WQv storm
event due to one or more of the constraints listed in subsection (c) of this section, then this volume of water
can be detained on site using Tier 2 practices as described in the VSMM. other LID strategies and practices
such as those detailed in the South Burlington Low Impact Development Guidance Manual. STPs meeting the
WQv treatment standard as described in the VSMM are also acceptable.
(e) A site with existing retention/detention based STPs is allowed to evaluate retrofitting/expanding these
facilities in order to meet the detention requirement indicated above. Retrofit/expansion of these facilities
may be considered prior to evaluation of Tier 1 practices. Existing Tier 3 practices shall be upgraded to Tier 2
practices, if used for water quality treatment.
(f) FRPs and PCPs for impaired watersheds in the city contain a preliminary assessment of the stormwater
treatment potential of some sites. If an FRP or PCP identifies an STP on a site, then the site must install either
the specified STP or an STP that provides equivalent or greater treatment. Properties that choose to
construct STPs must do so prior to the deadline established by the state's agency of natural resources, within
five years of signing a stormwater improvement agreement with the city, but no later than November 1,
2028, whichever is sooner.
(g) All proposed STPs must be submitted to the stormwater superintendent for review. Standards for these
submissions are included in section 38-550323.
(Ord. of 10-5-2015(2), § 2; Ord. of 10-17-2016(2), § 2; Ord. of 7-6-2021, § 2)
Sec. 38-548. Payment of stormwater mitigation fee.
(a) In lieu of installation of STPs as described above, the property owner may elect to pay a stormwater
mitigation fee. The mitigation fee for a property can be determined utilizing the following equation (where IA
is the impervious area on the site in acres) and WQvT is the percent of the water quality volume treated on
site:
Stormwater mitigation fee = IA x (1 - WQvT)3 x $70,000
(b) Impervious area (IA) is calculated by measuring the impervious surfaces located on the property at the time
of application. Applicants shall not include any publicly owned impervious area (e.g., public roads within a
city-owned right-of-way) in their calculation of IA.
(c) Payment of a stormwater mitigation fee does not prevent or exclude a site from being used for stormwater
treatment. If the site contains a project identified in an FRP as a regional stormwater treatment facility, then
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the city will require an irrevocable offer of dedication to use the land for stormwater treatment, if deemed
feasible.
(d) Stormwater mitigation fees must be paid in full upon signing an MS4 permit coverage agreement with the
city. Alternatively, the property owner can elect to pay the fee over a five- or ten-year term. If a five-year
term is selected, the total value will be assessed at 3½ percent interest over that period. If a ten-year term is
selected, the total value will be assessed at 5½ percent interest over that period. Fees paid over a five- or
ten-year term will be included in the property's stormwater fee for developed properties as established in
this article.
(Ord. of 10-5-2015(2), § 3; Ord. of 10-17-2016(2), § 3; Ord. of 7-6-2021, § 3)
Sec. 38-549. Combination STP/fee method.
Some sites may install STPs for a portion of the site and pay a stormwater mitigation fee for the remaining
portion of the site. When this method is used, the percent of the water quality volume treated on site (WQvT) will
be factored into the equation. Property owners are encouraged to maximize treatment on site to the greatest
extent possible, as the greater the level of treatment provided on site, the lower the cost per impervious acre for
the portion of the water quality volume not achieved.
(Ord. of 10-5-2015(2), § 4; Ord. of 10-17-2016(2), § 4; Ord. of 7-6-2021, § 4)
Sec. 38-55047. SSubmission standards for MS4 permit coverage application.
The following information must be included with a submission:
(1) Complete application form.
(2) A brief written narrative describing the proposed stormwater treatment practice (STP) and how it
meets the SUFA standard. This includes a description of how the proposed STP matches or differs from
what is indicated in any approved flow restoration plan (FRP).
(3) A written description of the ongoing maintenance needs for the drainage system and proposed STP.
(4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to
the STP.
(5) Site plan and construction details for all proposed STPs. The site plan must include:
a. Location, type, and size of all impervious surfaces.
b. Location, type, size, elevations, and specifications for all proposed STPs.
c. Stormwater collection and conveyance systems including swales, culverts, and piping.
d. Length, diameter, and material for all piping and culverts.
e. Topographic survey and natural resource delineations.
f. Soil type and/or hydrologic soil group.
g. The location and results of any infiltration testing conducted.
h. Tree canopy and changes to landscaping.
(6) Modeling results that show the existing and post-development hydrographs for the storm events
indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized
shall be in accordance with the best practices utilized by the state stormwater management section
and described in the VSMM.
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a. The water quality volume (WQv) storm event as described in the VSMM.
b. The one year, 24-hour rainfall event as described in the VSMM.
c. The 25-year, 24-hour rainfall event (currently 4.0 inches) as described in the most recent version
of the city's land development regulations.
(7) Applications submitted under the combined method must include a stormwater mitigation fee
calculation. The site plan, listed under subsection (5) of this section, must indicate the portion of
impervious area (IA) being utilized in the stormwater mitigation fee calculation.
(Ord. of 10-5-2015(2), app. B; Ord. of 10-17-2016(2), app. B; Ord. of 7-6-2021, app. B)
Sec. 38-551436. Method for infiltration testing.
The following requirements apply to any required infiltration testing:
(1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer,
site designer licensed in the state, a qualified soil scientist, a qualified geologist, a qualified
hydrogeologist, or other person approved in advance by the stormwater superintendent).
(2) Infiltration test methods must assess the saturated hydraulic conductivity under "field-saturated"
conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining
Hydraulic Conductivity in the Vadose Zone).
(3) Infiltration test locations shall correspond to the proposed stormwater treatment practice (STP)
locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed
STP.
(4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived
value.
(5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they
overestimate saturated hydraulic conductivity values. Acceptable tests include:
a. Guelph permeameter - ASTM D5126-90 Method.
b. Falling head permeameter - ASTM D5126-90 Method.
c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods.
d. Amoozemeter or Amoozegar permeameter - Amoozegar 1992.
(6) The following information must be documented for any infiltration testing:
a. Date and time of testing.
b. Name and qualifications of the person conducting the testing.
c. Location of infiltration testing.
d. Method utilized during testing.
e. Results of infiltration testing in inches/hour.
(7) A qualified professional may establish seasonal high groundwater depth in test pits based on
redoximorphic features.
(8) Verify depth to bedrock (if within four feet of proposed STP bottom) via test pits or solid auger probes.
(Ord. of 10-5-2015(2), app. A; Ord. of 10-17-2016(2), app. A)
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Sec. 38-550. Penalties/enforcement.
(a) The ordinance from which this subdivision is derived shall constitute a civil ordinance within the meaning of
24 V.S.A. ch. 59.
(b) Any person who violates a provision of this subdivision, including, but not limited to, failure to install an STP
prior to the deadline established by the state's agency of natural resources, or to pay the stormwater
mitigation fee when due, shall be subject to a violation which shall be punishable as a civil violation pursuant
to section 1-14. Each day the violation continues shall constitute a separate violation.
(c) Any law enforcement officer or the director of public works, city engineer, deputy director of public works, or
stormwater superintendent may act as an issuing municipal official and issue and pursue before the judicial
bureau a municipal complaint for any violation of any provision of this subdivision.
(d) In addition to the enforcement procedures available before the judicial bureau, the city manager is
authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
(e) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amounts, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Stormwater Treatment Practices
First offense $100.00
Second offense $250.00
Third offense $400.00
Fourth offense $550.00
Fifth and subsequent offenses $700.00
(Ord. of 10-17-2016(2), § 5; Ord. of 7-6-2021, § 5)
Secs. 38-5521—38-570. Reserved.
DIVISION 64. INSPECTION AND ENFORCEMENT
Sec. 38-571. Power and authority of inspectors.
(a) Any authorized person bearing proper credentials and identification shall be permitted to enter all properties
subject to regulation under this article for the purposes of inspection, observation, measurement, sampling,
and testing in accordance with the provisions of this article. Authorized persons shall have the right to set up
such devices as are necessary to conduct monitoring and/or sampling of any regulated discharge from the
property. Authorized persons may also examine and copy records required to be kept under any permit
subject to this article. Authorized persons shall have no authority to inquire into any processes including
metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct
bearing on the kind and source of discharge to the public sanitary and stormwater systems.
(b) Any authorized person bearing proper credentials and identification shall be permitted to enter all private
properties through which the city holds an easement for the purposes of, but not limited to, inspection,
observation, measurement, sampling, repair, and maintenance or any portion of the public sewage system or
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public stormwater system lying within said easement. All entry and subsequent work, if any, on said
easement, shall be done in full accordance with the terms of the easement pertaining to the private property
involved.
(c) If a property owner has security measures in force which require proper identification and clearance before
entry onto the property, the owner shall make the necessary arrangements to allow access to any authorized
person.
(d) Any temporary or permanent obstruction to safe and easy access to any property to be inspected and/or
sampled shall be promptly removed by the property owner at the written or oral request of any authorized
person and shall not be replaced. The costs of clearing such access shall be borne by the property owner.
(e) Causing an unreasonable delay in allowing an authorized person access to a property subject to regulation
under this article is a violation of this article.
(f) If an authorized person is refused access to any part of the property containing facilities, records or
discharges subject to regulation under this article, and if the authorized person is able to demonstrate
probable cause to believe that there may be a violation of this article, or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify compliance with this
article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the
community, then the authorized person may seek issuance of a search warrant from any court of competent
jurisdiction.
(g) While performing the necessary work on private properties referred to in this section, authorized persons
shall observe all safety rules applicable to the premises established by the property owner and the property
owner shall be held harmless for injury or death to the city employees and the city shall indemnify the
property owner against loss or damage to its property for personal injury or property damage asserted
against the property owner and growing out of the gauging and sampling operation, except as may be
caused by negligence or failure of the property owner to maintain safe conditions as required by law.
(Ord. of 3-21-2005, art. VII, § 1; Ord. of 10-17-2016(1), § 8.1; Ord. of 12-5-2022, § 9.1)
Sec. 38-572. Administrative enforcement.
(a) Any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or
restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of
such nuisance may be taken.
(b) Any person found to be violating any provision of this article shall be served by the city with written notice
stating the nature of the violation and providing a reasonable time limit for the satisfactory correction
thereof. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit discharges;
(3) The cessation of improper practices and operations and implementation of proper practices and
operations;
(4) The abatement or remediation of any contamination of the public sewage or stormwater system and
waters of the state or the United States and restoration of any property impacted by such
contamination;
(5) Establishment of time limits for the completion of all required work;
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(6) Payment of a fine; and
(7) State that the notice may be appealed in the manner set forth in subsection (g) of this section.
(c) The city has the right to require a property owner found to be in violation of this article to install monitoring
equipment and maintain such equipment in proper operating condition, including proper calibration, all at
the property owner's expense.
(d) If a violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city
or persons retained by the city may enter upon the subject property to take any and all measures necessary
to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or
person in possession of any premises to refuse to allow the city or designated persons to enter upon the
premises for the purposes set forth above.
(e) Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. The property owner may file a written protest objecting to the
amount of the assessment within 15 days. If the amount due is not paid within a timely manner as
determined by the decision of the city manager or the city manager's designee, or by the expiration of the
time in which to file an appeal, the charges shall constitute a lien on the property for the amount of the
assessment and shall bear interest at the rate of one percent per month, or portion thereof.
(f) The city manager may, without prior notice, suspend stormwater or sewer system discharge access to a
person when such suspension is necessary to stop an actual or threatened discharge which presents or may
present imminent and substantial danger to the environment, or to the health or welfare of persons, or to
the stormwater system, sewer system or waters of the state or the United States. If the violator fails to
comply with a suspension order issued in an emergency, the city manager may take such steps as deemed
necessary to prevent or minimize damage to the stormwater system, sewer system or waters of the state or
United States, or to minimize danger to persons.
(g) Any person discharging to the stormwater or sewer system in violation of this article may have their
stormwater system or sewer system access terminated if such termination would abate or reduce an illicit
discharge. The city manager will notify a violator of the proposed termination of its stormwater system or
sewer system access. The violator may appeal the city manager's determination to the city council by filing a
written notice of appeal with the city manager within ten business days of the city manager's decision. The
city council shall review such appeal at a meeting of the council preceded by 15 calendar days' written notice
of the meeting date to the violator. Following the meeting, the council shall issue its decision on the appeal
in writing, which decision shall be final.
(h) A person commits an offense if the person reinstates stormwater system or sewer system access to premises
terminated pursuant to subsection (g) of this section, without the prior approval of the city manager.
(Ord. of 3-21-2005, art. VII, § 2; Ord. of 10-17-2016(1), § 8.2; Ord. of 12-5-2022, § 9.2)
Sec. 38-573. Judicial enforcement.
(a) The ordinance from which this article is derived shall constitute a civil ordinance within the meaning of 24
V.S.A. ch. 59.
(b) Any person who violates a provision of this article or who violates any condition of a permit issued
hereunder, including, but not limited to, failure to install an STP prior to the deadline established by the
state's agency of natural resources, or to pay the stormwater mitigation fee when shalldue, shall be subject
to a violation which shall be punishable as a civil violation pursuant to section 1-14. Each day the violation
continues shall constitute a separate violation.
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(c) Any law enforcement officer or the director of public works, water resourcescity engineer, deputy director of
public works, or stormwater superintendent may act as an issuing municipal official and issue and pursue
before the judicial bureau a municipal complaint for any violation of any provision of this article.
(d) In addition to the enforcement procedures available before the judicial bureau, the city manager is
authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any
other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or
penalties available by law.
(Ord. of 3-21-2005, art. VII, § 3; Ord. of 10-17-2016(1), § 8.3; Ord. of 12-5-2022, § 9.3)
State law reference(s)—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official
for civil ordinance violation, 24 V.S.A. § 1977.
Sec. 38-574. Waiver fee.
An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following
amounts, for any person who declines to contest a municipal complaint and pays the waiver fee:
Waiver Fees - Stormwater System
Inspection and Enforcement
First offense $100.00
Second offense $250.00
Third offense $400.00
Fourth offenses $550.00
Fifth and subsequent offenses $700.00
(Ord. of 3-21-2005, art. VII, § 4; Ord. of 10-17-2016(1), § 8.4; Ord. of 12-5-2022, § 9.4)
Secs. 38-575—38-596. Reserved.
Sanitary Sewer &
Stormwater Ordinance
Proposed Updates to the South Burlington Sanitary Sewer & Stormwater Ordinance
June 17, 2024
City Sanitary Sewer Ordinance
•The City sanitary sewer ordinance establishes regulations
for the management, operation, and maintenance of the
municipal sewer system.
•In addition to ensuring the proper treatment and disposal of
wastewater, the ordinance provides guidelines for sewer
connections, usage, fees, and enforcement.
•The sanitary sewer ordinance was most recently updated in
2021.
Overview of Significant Changes
•Sewer Service Area
•Updates to Billing
•Meters for wastewater only customers
•Allows for establishment of a base rate, but does not impose one.
•Updated Allocation Requirements
•City Center Allocation
•Clarified terminology
•Added references to DPW Standards
•Pump Stations Requirements
•Separate Stormwater and Sewer into separate sections
Sewer Service Area
•Similar to Water Service Area map presented to Council on May 20th
•New buildings in mapped service area must connect, unless exempt.
•No new connections allowed outside the mapped service area.
•Failed in-ground systems in service area must connect.
•Includes all areas within the water service area map, with the addition of areas above an elevation of 430’
•Establishes clear interpretations of Vermont Act 47
Include the map here.
Meters for Wastewater Only Customers
•Existing ordinance requires that a meter be installed for “wastewater only” customers so that the City can bill for wastewater.
•This requirement has not been enforced. Alternative billing, not defined within the ordinance, has been utilized.
•Some areas are billed based on the number of bedrooms or other metrics not codified in our ordinance.
•No changes are proposed to ordinance. City proposes to enforce current language.
Wastewater Billing
•User Fee section updated to allow council the option of establishing a Base Rate and Usage Fee
•Proposed changes to the ordinance do not impose a base rate.
•The language added provides Council with the option of establishing a Base Rate in the future.
•The Base Rate can be adjusted via resolution, but will remain $0.00 until established by Council.
•Billing is currently done on a Usage Fee only.
•The recent Rate Study completed does not recommend a base rate due to existing inter-municipal agreements related to wastewater (i.e. Colchester treated as a single customer).
City Center Service Area
•Added City Center Service
Area Map
•Reserve capacity of 150,000
gallons per day set aside for
City Center Service Area
•Establishing a reserve
capacity is necessary for our
“New Town Center”
Designation
Allocation Requirements
•Streamlined how allocation fees are paid to reduce
paperwork
•Projects under 1,000 GPD only require Final Allocation
•Clarified Allocation Fee vs. Connection Fee
•Allocation Fee definition
•Removed reference to “Sewer Permit”
•Specified situation where properties/lots are vacant, the
allocation returns to zero after three years
•Clarified that allocations run with the land, not the owner
Miscellaneous Administrative Updates
•Separated Stormwater and Sewer into separate Articles
under this Chapter
•Added references to DPW Standards
•Updated job titles, outdated language and references to
current State laws
•Civil Penalties and Waiver Fees made to be consistent with
the fees for other City ordinance violations
Future Updates – Industrial User Survey
•The City is currently in the process of conducting an
industrial user survey to better understand the
characteristics of industrial wastewater being sent to South
Burlington’s wastewater treatment facilities.
•The results of the survey will inform any necessary action
that the City must take to limit certain pollutants or other
high strength wastes that impact the wastewater treatment
process
•These actions will likely necessitate future updates to the
sanitary sewer ordinance.
City Stormwater Ordinance
•The City stormwater ordinance establishes regulations for
the management, operation, and maintenance of the
municipal stormwater system.
•In addition to ensuring the proper treatment and control of
stormwater, the ordinance provides guidelines for State
stormwater permit coverage, user fees, and enforcement.
•The stormwater ordinance was added to the wastewater
ordinance in 2005 and last updated in 2021.
Overview of Significant Changes
•Separate Stormwater and Sewer into separate sections
•Divide definitions
•Add independent enforcement and fee sections
•Changed Billing Calculation
•Fee basis calculation established by State law on May 30, 2024
•Requires use of average rather than median
•Updated references to current State laws
•Updated language to reflect 2023 MS4 Permit
Next Steps
•Timeline:
•First Reading: Tonight's meeting can serve as the first reading.
Council is requested to review the draft, provide feedback or
direction to staff, and if applicable make a motion to hold a second
reading and public hearing.
•Second Reading: The City must hold a second reading and public
hearing. If the Council wishes to move the proposed amendments
to a second reading and public hearing, this will be scheduled for a
future City Council meeting. During this time the draft ordinance
will be posted for viewing and notice published.
MEMORANDUM
To: South City Council
From: Martha Machar, Finance Director
CC: Jessie Baker, City Manager
Date: May 28, 2024
Re: South Burlington American Rescue Plan Act (ARPA) Funds – Overview
The memo provides an overview of the City’s discussions and decisions around the use of the
American Rescue Plan Act (ARPA) funds and the General Fund Fund Balance. No Council action is
expected on June 3, 2024. The intent of this conversation is to provide the new City Council with
information, allow time for discussion, and hear any additional requests for information you may
have before allocation decisions are made.
Background
The American Rescue Plan Act (ARPA) is a federal stimulus package intended to aid public health
and economic recovery from the COVID-19 pandemic. ARPA funds included a total of $360 billion
in pandemic-related aid for state and local governments. Vermont received more than $1.25 billion
with $200 million allocated directly to Vermont’s cities, towns, and villages. The legislature and the
governor determined how the $105 billion was allocated. The City of South Burlington received a
total allocation of $5,656,533.00. Under the Act, these funds must be allocated by December 31,
2024 and expended by December 31, 2026.
The Act specifies that these funds can be used for several different purposes. These purposes
include responding to public health concerns raised by the pandemic, responding to negative
economic impacts of the pandemic, providing services to communities disproportionately
impacted by the pandemic, providing premium pay to essential workers, replacing lost revenues,
recouping administrative costs directly attributable to the pandemic, and improving water, sewer
and broadband infrastructure.
The ARPA Revenue Lost Provision recognizes state and local governments’ responsibility to
respond to the pandemic and its economic effects and to replace revenue lost due to the public
health emergency and prevent cuts to government services. It gives Cities and Towns the option to
elect a standard allowance of up to $10 million of their ARPA fund allocation and spend on general
government services. South Burlington elected to take the full ARPA allocation ($5.6M) as standard
allowance and therefore the funds can be used for any municipal purpose
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Community Engagement Requirements and South Burlington Process
The Treasury’s Amended Final Rule retains a requirement for community engagement in the use of
ARPA funds. The analysis of the rule provided by the Vermont League of Cities and Towns
recommends that all municipalities conduct community engagement activities that identify the
best way to respond to the pandemic and plan for long-term recovery in their communities. Around
the state, some cities and towns held dedicated selectboard or council meetings, issued surveys,
or formed ARPA advisory committees of interested residents.
During the FY22 Policy and Priorities and Strategies meeting, the Council and the City Leadership
Team identified key priorities which included engagement with residents to provide robust input on
priorities. The City’s outreach for ARPA was a unique opportunity to align these goals. The Council
decided to issue a survey with questions around ARPA funds spending and goals for the City. At the
February 22, 2022 regular City Council meeting, the Council held a discussion on its primary goals
and value statements related to the expenditure of the City’s ARPA funds. At that meeting, the
Council identified the following priorities:
•Maximizing Community Impact – “Biggest bang for our buck”
•Affordability – At least $1m for affordable housing
•Green & Clean – Fund further City climate initiatives
•Community Outreach – What great ideas have we not yet considered?
The staff created survey questions framed to address the identified goals. The survey questions
were approved by the Council on June 6th, 2022. The staff also held in-person outreach sessions
through Library-sponsored listening session, tabling at SB Nite Out, and during Senior’ lunches.
The survey was live for twelve weeks. The Council received the survey results on September 6th,
2022.
Committee Recommendations
As part of the community engagement process, the Council also solicited city committees to
provide input on the use of ARPA funds. The committees listed below gathered and presented their
recommendations to Council. These recommendations which include each committee’s
ideas/projects and associated costs are attached to this memo.
•Affordable Housing
•Bicycle and Pedestrian Committee
•Committee on Common Areas for Dogs
•Economic Development
•Energy Committee
•Natural Resources and Conservation
•Public Art
•Recreation and Parks
•Public Library Board of Trustees
180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4112 | WWW.SOUTHBURLINGTONVT.GOV
Council Discussions and Allocations to Date
Council discussions on ARPA since 2021:
•On June 21, 2021 and July 19, 2021 the Council discussed and approved re-instating three
positions lost during the COVID-19 Pandemic.
•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.
•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.
•At the April 17, 2023, May 1, 2023, September 18, 2023, November 20, 2023 Council
meetings, the Council continued conversations about how to allocate the funds.
Balance and Summary of Current Allocations
The current, unallocated, ARPA funds balance is $1.5M. The summary of all allocations including
Council approval dates is included in the table below.
It is important to point out that the Council approved the use of ARPA funds to re-instate three City
staff positions and fund deferred capital projects with a step down approach to phase out the
impact on the general fund budget.
Restoring and funding the three positions that were frozen during the COVID-19 pandemic with
ARPA funds was one of the first recommendations the council considered and approved during
their July 19, 2021 Council meeting. With the step down approach, the related wages and benefit
costs over a five-year period are spread out with an annual downscale of 20%. The amount shown
on the table below is the total over 5 years.
During the FY23 budget process, the Council approved use of ARPA revenues to fund deferred,
one-time, capital projects. During FY24 budget process, the management presented to Council
options of how the Capital Improvement Plan funding capacity created with ARPA funds can be
phased into general fund budget. One of those options was a step-down approach (75% for FY24,
50% for FY25, and 25% for FY26), the Council approved this option. The amount shown on the table
below is the total over 4 years.
Total ARPA Award $5,654,533.00
Interest Earned to Date $ 374,210.39
Total ARPA Revenues $ 6,028,743.39
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Council Approved Allocations Date Approved
Approved
Amount
Re-fund and restore 3 City staff
(total over 5 years (FY22-FY26) step down
approach) 7/19/2021 $ 860,679.73
Grant match - for Illuminate VT 11/1/2021 $ 32,000.00
Fund deferred capital projects & expenses
(total over 4 years (FY23-FY26) step down
approach)
1/18/2022,
1/17/2023,
1/16/2024 $1,755,000.00
Grant Match - Affordable Housing
Investment 9/6/2022 $1,000,000.00
Grant match - Ash tree replacement 1/3/2023 $ 20,000.00
City Green-for place making 8/7/2023 $ 35,000.00
Hinesburg Road and Market Street Signal 10/16/2023 $ 80,000.00
Climate CIP Projects 1/16/2024 $ 417,000.00
Park Master Plan 1/16/2024 $ 125,000.00
Grant match - Hinesburg Shared Used Path 1/16/2024 $ 200,000.00
Total Allocated $(4,524,679.73)
Unallocated Balance * $ 1,504,063.66
*The ARPA funds must be allocated by December 2024 and spend by December 2026
General Fund – Fund Balance
Other funds available to Council include General Fund fund balance. The fund balance acts as a
saving account for emergency situations. Year-end surpluses roll into fund balance each year
unless allocated to projects at the close of a fiscal year by the Council. To put parameter around
these funds, with recommendations from the city’s annual auditor, the city adopted a fund balance
policy which states:
"It is the intent of the City to maintain a minimum balance of one month, 8.33%, of
operating expenditures. The targeted balance is 2 months or 16.66%, and the maximum
balance is not to exceed 25% of the operating expenditures, so long as cash flow needs are
met and lowest point cash flow is not less than one payroll and one warrant, combined. Any
amount in excess of 25% is to be appropriated as assigned fund balance or other fund
balance categories as outlined below. The City Council may recommend transfers to the
City that would reduce the balance below 25%, but no transfers shall be made that would
reduce the balance to less than 8.33%. In the event that the unassigned fund balance drops
below the minimum level, the City will develop a plan, implemented through the annual
budgetary process, to bring the balance to the targeted level over a period of no more than
three (3) years."
With surpluses coming out of the last fiscal years due to conservative budgeting after the
pandemic, the City’s fund balance, which was below the minimum 8.33% or one month of
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operating expenditure, was funded and at the end of FY23 was just under16.66%, or two months,
target as recommended in the City’s fund balance policy.
With FY24Q4 projection and analysis, below is the summary of current fund balance.
FY24 Es�mated fund balance
Beginning Spendable Fund Balance $ 4,999,696.66
FY24 Es�mated surplus* $ 1,500,000.00
Es�mated FY24 fund balance 6/30/24** $ 6,499,696.66
Fund balance allocated toward FY25 budget $ 370,000.00
Net Fund Balance $ 6,129,696.66
Fund balance as a percent of General Fund 19.68%
*FY24 surplus is estimated and might change at year-end and with audit.
**This balance takes into account surplus allocations Council approved at the closed of FY23.
Using FY24 budget numbers, the table below shows the amount that would be needed to meet
requirements outlined in the fund balance policy.
Fund Balance Assessment
FY24 Budget $ 31,140,318.33
8.33% Minimum Balance $ 2,593,988.52
16.66% Target Balance $ 5,187,977.03
25% cap for Fund balance $ 7,785,079.58
ARPA Matrix
This matrix was originally developd in 2022 and 2023. It's last been added to on 6/12/24.
2022 Affordable Housing Committee Complete a Housing Needs and Opportunities Assessment $100,000 N Y
2022 Affordable Housing Committee Support child care Council Discretion NA Y
2022 Affordable Housing Committee Launch an ADU grant program $225,000 N Y
2022 Bicycle & Pedestrian Committee Scope, design, and replace the 5' shared use path into a 10' shared
used path along Hinesburg Road/Rt 116 between Kennedy Drive and
Williston Road
$1,345,000 Y N Approved a grant match
amt for Hinesburg Road
path as part of FY25 budget
$200,000
2022 Common Area for Dogs Committee Expand Wheeler Dog Park $16,000 N Y
2022 Common Area for Dogs Committee Purchase 16 dog waste bag dispensers $15,000 N Y
2022 Common Area for Dogs Committee Add amenities (water, shade, seating) to Wheeler $20,000 N Y
2022 Common Area for Dogs Committee Farrell Dog Park Improvements $70,000 N Y
2022 Common Area for Dogs Committee Complete a Dog Master Plan $60,000 N Y
2022 Common Area for Dogs Committee Construct a new dog park/run (NE)$100,000 N Y
2022 Common Area for Dogs Committee Construct a new dog park/run (SW)$60,000 N Y
2022 Common Area for Dogs Committee Construct a new dog park/run (City Center)$100,000 N Y
2022 Economic Development Support child care - grant program to existing operators to expand
capacity and support employees
Council Discretion NA Y
2022 Economic Development Establish a Revolving Loan Fund to support local businesses Council Discretion NA Y
2022 Economic Development Fund Stormwater Division to assist private property owners with the
new General Stormwater Permit (9050) requirements
Council Discretion NA N
2022 Energy Committee Consultant to help accelerate heat pump deployment $100,000 N Y
2022 Energy Committee Purchase one electric ride-on lawnmower for DPW $35,000 N Y Approved as part of FY25
CAP budget
$10,000
2022 Energy Committee Buy-back gas-fired equipment from income qualified households $250,000 NA Y
2022 Energy Committee Grants for ev charging infrastructure on non-city property $500,000 NA Y
2022 Energy Committee Buy and install 5 bus shelters $200,000 N Y
Council Actions Council Approved
Amount
Staff verified
amount
(Y, N, NA): as of
12/28/22
Require new staff
work, support,
process
(Y, N, N/A)
Requested
when
Requested by Idea/Project Funding Requested
Council Actions Council Approved
Amount
Staff verified
amount
(Y, N, NA): as of
12/28/22
Require new staff
work, support,
process
(Y, N, N/A)
Requested
when
Requested by Idea/Project Funding Requested
2022 Energy Committee Hire consultant to assess pathways for increasing access to public
transportation and/or pilot micro-transit
$500,000 N Y
2022 Energy Committee Accelerate timeline for Penny for Paths projects Council Discretion NA Y
2022 Energy Committee Add sidewalk and multi-use paths (eg Hinesburg Rd between Tilley Dr
and Rye Meadows and path on Williston Rd to Kennedy Drive)
Council Discretion NA Y
2022 Energy Committee Subsidize the purchase of electric bikes and charging equipment to
income-qualified households
$35,000 N Y
2022 Energy Committee Hire a consultant to build an CAP Implementation Plan $100,000 Y Y
2022 Library Board of Trustees Purchase of a Bookvan $160,000 Y Y
2022 Natural Resources & Conservation Committee Maintain Treescape (planting new or treating Ash trees)$50,000 NA N 1/3/2023-approved a grant
match
$20,000
2022 Natural Resources & Conservation Committee Develop an Open Space Plan $25,000 N Y
2022 Planning Commission Support housing development or redevelopment Council Discretion - 1/3 of
available funding
NA Y
2022 Planning Commission Expand City-owned open space Council Discretion - 1/3 of
available funding
NA Y
2022 Planning Commission Fund implementation of the CAP Council Discretion NA Y
2022 Planning Commission Acquire additional city-owned open space or conservation areas Council Discretion NA Y
2022 Planning Commission Allocate funds to support child care Council Discretion NA Y
2022 Public Art Committee Develop a Cultural Plan $50,000 N Y
2022 Recreation & Parks Committee Parks Master Plan $150,000 N Y Approved as part of FY25
budget
$125,000
2022 Recreation & Parks Committee Veterans Memorial Park - Deferred Maintenance $815,000 N Y
2022 Recreation & Parks Committee Red Rocks - New Bathhouse $600,000 N Y
2023 City Council City Green TBD N Y 8/7/2023- approved amount
for consulting
$35,000
2023 City Council and Staff System Modernization (permitting and finance)$150,000 Y N Approved an amount for
permitting software as part
of FY23 budget
$50,000
2024 Staff Incentive fitup grants to small businesses looking to locate on Market
Street
Council Discretion N N
2024 CHT Anticipate a request for energy upgrade at Dorset Commons TBD N N
2024 Economic Development Fund an Economic Devleopment Plan $100,000 N ?
$4,201,000 $440,000
plus Council Discretion
TOTAL
180 Market St South Burlington, VT 05403 802-846-4105
June 17, 2024
The following 2024 Outside Consumption Limited Permit and Outside Consumption Permit were approved
by the South Burlington Liquor Control Board after review by the City tax, fire and police departments:
NAME DESCRIPTION
Double Tree by Hilton Outside Consumption Limited Permit
Delta Hotels by Marriott Outside Consumption Permit
SOUTH BURLINGTON LIQUOR CONTROL BOARD
_______ ______
Mike Scanlan Laurie Smith
______ _______
Tim Barritt Elizabeth Fitzgerald
_______
Andrew Chalnick